Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 8, 1973 and adjourned March 16, 1973, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1973 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 8, 1973 through March 6,1973. Volume II contains March 7, 1973 through March 16, 1973, the committee reports, and the complete index.

JOURNAL
OP THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 1973 and adjourned March 16, 1973.
1973 ATLANTA, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES 1973

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 ___--____.-.______--__--_____.--......Messenger
LOWNDES COUNTY

MARION TOMS _----._.___.___------______,,_ ___ _
QUITMAN COUNTY

Doorkeeper

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 8, 1973.
The Representatives-elect of the General Assembly of Georgia for the years 1973-1974 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock A.M., this day and were called to order by Honorable Glenn W. Ellard, Clerk of the House of Representatives.
The following prayer was offered by Reverend Vemard E. Robertson, Dis trict Superintendent of the Valdosta District, United Methodist Church, Valdosta, Georgia:
Eternal God,
Grant to the Speaker of the House, the other officers and the members of this distinguished body, a moment of quietness as they take up the duties of this new session.
Help them to realize their dependence upon Thee.
Give to each an understanding heart that they may discern between the good and the bad.
May they never fail to do their very best. When they are wrong, help them to be willing to change, and when they are right; keep them humble, for Jesus' sake.
Amen.
The following communication from Honorable Ben W. Fortson, Jr., Secre tary of State, certifying the Representatives-elect for the years 1973-1974, was received and read:
Secretary of State 214 State Capitol
Atlanta 30344 January 8, 1973
Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Sir:
I am transmitting herewith the names of the Representatives elected in the November 7, 1972, General Election to represent the va-

JOURNAL OP THE HOUSE,

rious Representative Districts in the General Assembly for the years 1973 and 1974, as the same appear from the consolidated returns which are of file and record in this office.

With kindest regards and best wishes, I am

BWP:fd Enclosures

Sincerely yours, lal Ben W. Fortson, Jr.
Secretary of State

STATE REPRESENTATIVES ELECTED TO THE GENERAL ASSEMBLY NOVEMBER 7, 1972 GENERAL ELECTION

DISTRICT COUNTIES 1 Bade * & Walker*
2 Catoosa* 3 Catoosa*, Gilmer*,
Murray & Whitfield* 4 Fannin, Gilmer*, Lumpkin,
Rabun, Towns, Union & White* 5 Chattooga, Dade* & Walker'' 6 Walker* & Whitfield*
7 Bartow* & Gordon 8 Bartow*, Cherokee, Dawson.
Gilmer* & Pickens
9 Forsyth & Hall
10 Banks*, Habersham* & Stephens
11 Habersham* & White* 12 Banks*, Barrow* & Jackson
13 Elbert, Franklin, Greene*, Hart, Madison, Oconee*, Oglethorpe
14 Ployd* 15 Floyd*

POST NO. NAMES 1 Wayne Snow, Jr. 2 Forest Hays, Jr.
-- Robert G. Peters
-- Tom Turner
1 Carlton H. Colwell 2 Ralph Twiggs
-- James H. "Sloppy" Floyd
Jack Cole R. L. Foster
-- Tom L. Shanahan 1 Joe Frank Harris 2 Boyd Thomason 3 Andy Roach 1 Joe T. Wood 2 Doug Whitmire 3 W. M. (Bill) Williams
-- Jack Irvin
-- Hubert G. Ritchie -- Lauren (Bubba) McDonald,
Jr. 1 A. T. Mauldin 2 Billy Milford 3 Jack A. Wheeler
-- John Adams -- Sidney Lowrey

MONDAY, JANUARY 8, 1973

DISTRICT COUNTIES 16 Floyd* & Polk* 17 Polk* 18 Haralson & Paulding* 19 Cobb* & Paulding*
20 Cobb*
21 Cobb & Paulding*
22 Fulton* 23 Fulton* 24 Fulton* 25 Fulton* 26 Fulton* 27 Fulton* 28 Fulton* 29 Fulton* 30 Fulton* 31 Fulton* 32 Fulton* 33 Fulton* 34 Fulton* 35 Fulton* 36 Fulton* 37 Fulton* 38 Fulton* 39 Fulton* 40 Fulton* 41 Fulton* 42 Fulton* 43 Fulton
44 DeKalb*

POST NO. NAMES
-- E. B. Toles -- Nathan Dean -- Thomas B. Murphy
Joe Mack Wilson G. Robert (Bob) Howard Howard Atherton William Travis Duke Hugh Lee McDaniell Ken Nix George H. Kreeger A. L. (Al) Burruss Haskew H. Brantley, Jr. Robert A. (Bob) Irvin Kil Townsend Mike Egan Sidney J. Marcus George K. Larsen E. J. Shepherd Clarence G. Ezzard, Sr. John Savage Mrs. Grace T. Hamilton Julian Bond J. C. Daugherty Ben Brown J. E. "Billy" McKinney G. D. Adams William E. (Bill) Stephens William H. Alexander W. M. (Bill) Alexander Dick Lane Guy Hill Virlyn B. Smith Peyton S. Hawes, Jr. Gerald Talmadge Horton John W. Greer -- Harry C. Geisinger

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JOURNAL OF THE HOUSE,

DISTRICT COUNTIES 45 DeKalb* 46 DeKalb* 47 DeKalb* 48 DeKalb* 49 DeKalb* 50 DeKalb* 51 DeKalb 52 DeKalb* 53 DeKalb* 54 DeKalb* 55 DeKalb* 56 DeKalb*
57 DeKalb* & Rockdale 58 DeKalb* 59 Gwinnett* 60 Gwinnett* 61 Barrow* & Gwinnett* 62 Barrow*, Clarke & Oconee*
63 Douglas* 64 Carroll, Douglas* & Heard*
65 Coweta*, Heard*, Meriwether* & Troup
66 Meriwether* & Talbot 67 Coweta*, Payette*, & Spalding
68 Clayton & Payette*
69 Butts*, Henry & Newton* 70 Newton*

POST NO. NAMES
-- Stanley (Stan) N. Collins, Jr.
-- George Petro
-- Joe Burton
-- Bill Noble
-- Hank Elliott
-- Elliott H. Levitas
-- J. Robin Harris
-- Robert H. (Bob) Farrar
-- Walter B. (Walt) Russell, Jr.
-- James E. Dean
-- Betty J. Clark
1 Walt Davis 2 Leon R. Floyd 3 William L. (Bill) Horton
-- Clarence R. Vaughn, Jr.
-- Hugh Jordan
-- James D. Mason
-- Gib Dean
-- Vinson Wall
1 Hugh Logan 2 Chappelle Matthews 3 John D. Russell
-- James "Jim" Dollar
1 John K. (Uncle John) Patterson
2 J. E. Bohannon
1 J. Crawford Ware 2 Edwin G. (Ed) Mullinax 3 Nathan G. Knight
-- Claude A. Bray, Jr.
1 John Carlisle 2 Clayton Brown, Jr.
1 William J. (Bill) Lee 2 Frank I. Bailey, Jr. 3 Lamar Dailey Northcutt 4 Rudolph Johnson
-- Ray M. Tucker
-- J. W. (Jim) Morgan

MONDAY, JANUARY 8, 1973

DISTRICT COUNTIES 71 Morgan* & Walton 72 Lincoln, Taliaferro, Warren* & Wilkes 73 Cloumbia & McDuffie* 74 Butts*, Lamar, Pike & Upson
75 Jasper*, Jones & Monroe 76 Bulloch, Burke* & Screven
77 Burke-, Jefferson, McDuffie*, Richmond* & Warren*
78 Richmond* 79 Richmond* 80 Richmond* 81 Richmond* 82 Richmond* 83 Richmond* 84 Harris & Muscogee* 85 Muscogee*
86 Muscogee*
87 Muscogee*
Crawford, Macon* & Peach* 89 Bibb & Twiggs
90 Giascock, Johnson* & Washington
91 Emanuel*, Jenkins & Johnson* 92 Bryan, Candler, Emanuel*,
Evans & Tattnall* 93 Baldwin* & Wilkinson 94 Baldwin* & Putnam

POST NO. NAMES
-- Bobby Carrell -- Ben Barren Ross
-- Glenn S. Phillips 1 Marvin Adams 2 J. R. Smith -- Denmark Groover 1 W. Jones Lane 2 Paul E. Nessmith, Sr. 1 J. Roy IVlcCracken 2 Preston B. Lewis, Jr.
R. A. Dent Bernard F. Miles Jack Connell Matthew W. Mulherin Bob Beckham Bill Sams Hoyt Adams Earl T. Davis Jack A. King C. Ed Berry Albert W. Thompson Thomas B. Buck, III H, Norwood Pearce -- Daniel K. Grahl
1 Frank C. Pinkston 2 S. Phillip Brown 3 Billy L. Evans 4 Dekle Coney 5 W. M. "Dick" Dickey 6 Robert A. Berlin
-- Tom C. Carr
-- Geo. L. Smith II
-- Hines L. Brantley
-- Floyd Harrington
-- M. Lamar Wilson

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JOURNAL OF THE HOUSE,

DISTRICT COUNTIES 95 Chattahoochee*, Marion & Taylor 96 Chattahoochee*, Quitman, Stewart, Sumter* & Webster 97 Greerie*, Hancock, Jasper* & Morgan* 98 Houston* & Peach* 99 Houston* 100 Houston*, Macon* & Schley 101 Sumter* 102 Bleckley, Dodge, Laurens, Pulaski, Telfair* & Wilcox
103 Montgomery, Toombs*, Treutlen & Wheeler
104 Long*, Tattnali* & Toombs* 105 Chatham* 106 Chatham* 107 Chatham* 108 Chatham* 109 Chatham* 110 Chatham* 111 Chatham* 112 Chatham* & Effingham 113 Calhoun*, Clay, Randolph &
Terrell 114 Baker, Calhoun*,
Dougherty & Lee
115 Ben Hill, Coffee*, Crisp, Dooly, Irwin, Turner & Worth
116 Appling, Brantley*, Jeff Davis, Pierce*, Telfair* & Wayne
117 Liberty, Long* & Mclntosh 118 Calhoun*, Early, Miller &
Seminole*

POST NO. NAMES -- Ward Edwards
-- Don Castleberry
-- E. Roy Lambert
Theodore (Ted) W. Waddle -- E. Vince Mover -- Larry Walker -- Oliver Oxford
1 Terry L. Coleman 2 W. W. (Wash) Larsen. Jr. 3 Ben Jessup -- L. L. "Pete" Phillips
---- Dewey D. Rush -- Arthur Gignilliat -- Jesse Blackshear -- Morriss Ellis -- Sam D. Alien -- Herb Jones -- Bobby L. Hill -- Tom Triplett -- George Chance -- John Irwin
1 George D. Busbee 2 Colquitt H. Odom 3 R. S. (Dick) Hutchinson 4 Billy Lee 1 A. B. C. (Brad) Dorminy,
Jr. 2 Ted Hudson 3 Howard H. Rainey 1 L. Jack Strickland 2 Bob Harrison
Donald H. Fraser Mobley Howell

MONDAY, JANUARY 8, 1973

11

DISTRICT COUNTIES 119 Decatur, Grady* & Seminole*

POST NO. NAMES -- R. T. "Bobby" Willis

120 Grady* & Thomas*

-- Burton M. Wamble

121 Thomas*

-- James W. Keyton

122 Colquitt & Mitchell

1 Dorsey Matthews 2 Marcus E. Collins

123 Berrien, Cook & Tift

1 Grover C. Patten 2 Henry Bostick

124 Brooks, Echols, Lanier & Lowndes 1 Henry L. Reaves 2 Robert L. Patten 3 Jim T. Bennett, Jr.

125 Atkinson, Clinch & Ware*

-- Ottis Sweat, Jr.

126 Charlton & Ware*

-- Harry D. Dixon

127 Bacon, Brantley*, Camden, Coffee* & Pierce*

1 Simon Grantham 2 Bobby A. Wheeler

128 Glynn

1 Charles W. (Billy) Rogers 2 Eston A. Harden

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

Adams of 36th Adams of 84th Adams of 14th Adams of 74th Alexander of 38th Alexander of 39th Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley of 22nd Brantley of 92nd Bray Brown of 34th Brown of 67th Brown of 89th Buck Burton Busbee Carlisle Carr Carrell

Castleberry Chance Clark Cole Coleman Collins of 122nd Collins of 45th Colwell Coney Connell Daugherty Davis of 85th
Davis of 56th Dean of 60th Dean of 54th Dean of 17th Dent
Dickey Dixon Dollar Dorminy Duke Edwards Egan
Elliott Ellis Evans Ezzard

Farrar Floyd of 5th Floyd of 56th Foster Fraser Geisinger Gignilliat
Grahl Grantham Greer Groover
Hamilton Harden Harrington Harris of 8th
Harris of 51st Harrison Hawes Hays
Hill of 110th Hill of 41st Horton of 43rd Horton of 56th Howard Howell
Hudson Hutchinson Irvin of 10th

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JOURNAL OF THE HOUSE,

Irvin of 23rd Irwin of 113th Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane of 40th Lane of 76th Larsen of 27th
Larsen of 102nd Lee of 68th Lee of 114th Levitas Lewis Logan Lowrey Marcus Mason Matthews of 62nd
Matthews of 122nd Mauldin Miles Milford Morgan Moyer Mulherin

Mullinax Murphy McCracken McDaniell McDonald McKinney Nessmith Nix Northcutt Odom Oxford Patten of 123rd Patten of 124th Patterson Pearce Peters Petro Phillips of 73rd Phillips of 103rd
Pinkston Rainey Reaves
Ritchie Roach Rogers Ross
Rush Russell of 62nd Russell of 53rd Sams Savage

Shanahan Shepherd Smith of 91st Smith of 74th Smith of 42nd Snow Stephens Strickland Sweat Thomason Thompson
Toles Townsend Triplett Tucker
Turner Twiggs Waddle Walker Wall Wamble
Ware Wheeler of 127th Wheeler of 13th Whitmire Williams Willis
Wilson of 19th Wilson of 94th Wood

The oath of office was administered to the Representatives-elect by Associate Justice Hiram K. Undercofler and Associate Justice Peyton S. Hawes, Sr. of the Supreme Court of Georgia.

Attention was called to the fact that Associate Justice Peyton S. Hayes, Sr. was afforded the privilege of administering the oath to his son, Representa tive-elect Peyton S. Hawes, Jr.

The next order of business being the election of a Speaker of the House for the ensuing term of two years, Mr. McCracken of the 77th placed in nomina tion the name of Honorable George L. Smith II of the 91st, which nomination was seconded by Messrs. Brantley of the 92nd, Bray of the 66th and McDonald
of the 12th.

Mr. Busbee of the 114th moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire House for the nominee. The motion prevailed and Honorable George L. Smith II was declared elected Speaker of the House for the ensuing term.

MONDAY, JANUARY 8, 1973

13

The Chair appointed as a committee to escort the Speaker to the Speaker's stand the following1 members:

HONORABLE TOM C. CARR of the 90th

HONORABLE TERRY L. COLEMAN of the 102nd

HONORABLE BEN JESSUP of the 102nd

HONORABLE W. JONES LANE of the 76th

HONORABLE W. W. LARSEN of the 102nd

HONORABLE PRESTON B. LEWIS of the 77th

HONORABLE PAUL E. NESSMITH of the 76th

HONORABLE GLENN S. PHILLIPS of the 73rd

HONORABLE L. L. PHILLIPS of the 103rd

HONORABLE DEWEY D. RUSH of the 104th

The Honorable George L. Smith II was escorted to the Speaker's stand and in appreciation of the honor again conferred upon him, delivered the following address :
Mr. Clerk, Ladies and Gentlemen of the House--
Let me sincerely thank you from the bottom of my heart for reelecting me as your Speaker of the House. As you know, it is an honor that I cherish in being allowed to serve you for the ensuing two years.
It is always an honor and a privilege to come to the well of this House and despite the occasional tired old sour jokes you'll hear about the legislature coming to town, it is an honor and a privilege for any man.
Each of us has been elected to the House, which means our friends and neighbors and (increasingly these days) people who may know us mainly by reputation, have entrusted us to represent them in this business of legislation.
It is a heavy responsibility, and yet it is not one thrust upon us, but one we sought.
And now we are here to carry out the people's business.
For me, it is doubly an honor and a privilege, since you have elected me to serve as your Speaker.

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JOURNAL OF THE HOUSE,

And it is a double responsibility, but one that, like you, I sought-- and am eager to carry out to the very best of my ability.

And so, let me get down to business, as we must do.

The rules of the House will be fairly relaxed this first week because the Governor will be coming before us twice in joint session.

After that, I hope to enforce the rules of the House very strictly.

There is a special section in the gallery for your friends and family. It is reserved to make certain that your people can be seated.

While on the subject of rules, I'd like to acquaint you with some new rules that the news media will abide by--rules, I might add, that came about with their cooperation and at their suggestion.

Because we have a much improved press section at the rear of the House to replace the old bull pen down front that many of you remem ber, it will not be as easy for members of the media to circulate on the floor as it has been in the past.

Members of the media, through their elected representatives, have agreed to limit their visits on the floor to five minutes.

And, they have agreed to use Pages as often as possible to ask members to leave the floor for short interviews so that the rest of us won't be disturbed.

I'd like to take this opportunity to thank the media for their cooperation and the responsibility they have shown. I hope the members of this House will show the same cooperation and sense of responsibility, and I am sure we will.

You know, it's something of a strange feeling to look around this House today.

It is so obvious that major changes have been made. It's not just that there are many new faces. That happens fairly often. But who would have thought a few years ago that the Georgia House of Representatives would voluntarily cut its size from 205 members to 195 and then cut itself again down to 180.

Cynics said the House was filled with men motivated largely by self-interest and would never act against themselves. That, obviously, was not--and is not--true. But let me tell you, those decisions were
not easy.

Many of those who voted for our present reapportionment plan did so knowing they were, in effect, voting themselves out of office.
And yet they had the interests of this State and this House at heart.

MONDAY, JANUARY 8, 1973

15

They felt the plan that was finally devised was the best one possible and they thought that reducing1 the size of the House itself could make for more efficiency, and in the end, make a better House. I believe that.

But it is a challenge to all of us today--to prove that all the efforts that put us in the position we are in today were worthwhile.

Not just the reduction in size, but the thought and hard work and--yes--at times courage it took to get us better committee staffing, better committee meeting rooms, our own budget analyst and--well--I could go on and on.

It would be easy, right now, at the start of this session, to say it's going to be a tough 45 days.
The Governor is presenting the largest budget ever put before us. There are all sorts of controversial bills. There are going to be long hours and very little time for anything but business.

And it is going to be a tough session, no doubt about it--but--I'm here to tell you that while further improvements are needed, there is no longer any excuse for our not doing a superb job.

Just getting by is not good enough.

I was proud of the House last year. I'm always proud of the House, but I was prouder last year than ever before--a job well done.
This year we have the opportunity to do an ever better job. It has been said many times that the work of the legislature is done in committees.

Committees are appointed to perfect bills--and I am confident that is what they will do again this year--not just initiate legislation-- not just pass out a measure to let the whole House consider it, but perfect each bill that comes before them.
That is the job of our committees, and if the committees will do as well as I know they can, it will make it easier to do the superb job you and I and the people of this State want--and have a right to expect.
As I have said previously, I have seen this House come a long, long way.
So, perhaps, we ought to be content to rest on the laurels of what has been accomplished.

And yet, I see us now as being so close to making such great strides--to becoming the kind of wise, deliberative, responsible body that the people want and expect us to be--that I'm willing--no, eager--

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JOURNAL OF THE HOUSE,

to get at it again, to work hard and to do the things that need to be done. And I know I speak for each of you also.

And so, if you'll spare me a brief personal moment, I'd like to conclude--as I did two years ago with the words of a great poet, Robert Frost:

"The woods are lovely, dark and deep
But I have promises to keep, and miles to go before I sleep, and miles to go before I sleep."

Thank you.

The next order of business being the election of a Clerk of the House, Mr. Matthews of the 62nd placed in nomination the name of Honorable Glenn W. Ellard of Habersham County, which nomination was seconded by Messrs. Farrar of the 52nd and Colwell of the 4th.

Mr. Busbee of the 114th moved that the nominations be closed and that the Deputy Clerk be instructed to cast the vote of the entire body for the nominee. The motion prevailed and the Honorable Glenn W. Ellard of Habersham County was declared elected Clerk of the House for the ensuing two years.

The Speaker appointed as a committee to escort the Clerk to the Clerk's stand the following members:
HONORABLE A. L. BURRUSS of the 21st HONORABLE MARCUS COLLINS of the 122nd HONORABLE GIBSON DEAN II of the 60th HONORABLE R. A. DENT of the 78th HONORABLE ARTHUR M. GIGNILLIAT of the 105th HONORABLE W. MOBLEY HOWELL of the 118th HONORABLE JACK IRVIN of the 10th HONORABLE HUGH LOGAN of the 62nd HONORABLE HUBERT G. RITCHIE of the llth HONORABLE E. B. TOLES of the 16th

MONDAY, JANUARY 8, 1973

17

Mr. Ellard was escorted to the Clerk's stand where the oath of office was administered by the Speaker, after which he addressed the House as follows:

MR. SPEAKER--LADIES AND GENTLEMEN OF THE HOUSE:

First, permit me to thank the gentleman from the 62nd District, Mr. Matthews, the gentleman from the 52nd District, Mr. Farrar, and the gentleman from the 4th District, Mr. Colwell, for their generous and kind words in my behalf. I am most grateful to these warm personal friends for their complimentary remarks.

Secondly, I want to thank all of you, for all of us in the Clerk's office for having re-elected us. I speak in the plural for the reason that I consider our office to be a team, rather than an individual, which it is my happy privilege to head.

I have said on several previous occasions, and I repeat this morning, that the Clerk's office belongs to you and all the people of Georgia. It is our desire to operate it in a manner pleasing to you. If we do, we have simply performed our duty, and we deserve no com mendation for it. If, on the other hand, you have any criticism to offer, please make it known to us and we will correct it, if it is within our power to do so.

And finally, it is our wish that your session will be enjoyable, constructive and reflect much credit upon yourselves and upon our great State.

I thank you.

The following Resolutions of the House were read and adopted:

HR 1. By Messrs. Smith of the 91st, Murphy of the 18th, Busbee of the 114th, Connell of the 80th, Lambert of the 97th and Lee of the 114th:
A RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session, has organized by the election of Honorable Geo. L. Smith II of the 91st District as Speaker and Honorable Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business.

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HR 2. By Messrs Smith of the 91st, Murphy of the 18th, Busbee of the 114th, Connell of the 80th, Lambert of the 97th and Lee of the 114th:

A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a Committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

The Speaker appointed as a Committee of Escort to notify the Governor that the General Assembly has convened the following members of the House:
HONORABLE C. ED BERRY of the 86th HONORABLE BEN BROWN of the 34th HONORABLE S. PHILLIP BROWN of the 89th HONORABLE WARD EDWARDS of the 95th HONORABLE ESTON A. HARDEN of the 128th HONORABLE OLIVER OXFORD of the 101st HONORABLE TOM TRIPLETT of the lllth

HR 3. By Messrs. Smith of the 91st, Murphy of the 18th, Busbee of the 114th, Connell of the 80th, Lambert of the 97th and Lee of the 114th:
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
PART I.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1973 and the 1974 regular session of the General Assembly:
1. The Speaker of the House is authorized to appoint and employ personnel and fix the compensation therefor as follows:
(a) Two aides, each of whom shall be compensated in an amount not to exceed $25 per diem, plus the same daily expense

MONDAY, JANUARY 8, 1973

19

allowance and the same mileage allowance as members of the House. Three additional aides for the House of Representatives to be compensated in an amount not to exceed $25 per diem, plus the same daily expense allowance as members of the House.

(b) Four secretaries, each of whom shall be compensated in an amount not to exceed $25 per diem, plus the same daily expense allowance as members of the House.

(c) Two persons skilled in legislative matters, each of whom shall be compensated in an amount not to exceed $25 per diem, plus the same daily expense allowance as members of the House.

(d) A Sergeant-at-Arms for the House who shall be com pensated in an amount not to exceed $25 per diem, plus the same daily expense allowance as members of the House. The Sergeantat-Arms shall also receive the same mileage allowance as members of the House.

(e) Chaplains for the House, each of whom shall be compensated in an amount not to exceed $25 per diem, plus the same daily expense allowance as members of the House, plus mileage.

(f) A supervisor of stenographic personnel to be compensated in an amount not to exceed $25 per diem, plus the same daily expense allowance as members of the House.

(g) A Postmaster or a Postmistress who shall be compensated in an amount not to exceed $30 per diem. One Assistant Postmaster or Assistant Postmistress who shall be compensated in an amount not to exceed $25 per diem.

(h) One Assistant Doorkeeper who shall be compensated in an amount not to exceed $25 per diem.

(i) Fifteen Assistant Doorkeepers, each of whom shall be compensated in an amount not to exceed $20 per diem.

(j) Three porters, each of whom shall be compensated in an amount not to exceed $20 per diem.

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

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

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

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JOURNAL OF THE HOUSE.

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

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

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

4. The Minority Leader of the House is hereby authorized to appoint one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus the same daily expense allowance as members of the House; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem. The Minority Party is authorized to appoint one secretary at not to exceed $30 per diem.

5. The Clerk of the House is hereby authorized to appoint and employ personnel and fix the compensation therefor as follows:
(a) Five Assistant Clerks, each of whom shall be compensated in an amount not to exceed $25 per diem, plus the same daily ex pense allowance as members of the House, plus mileage as autho rized by law for members of the General Assembly; one Reading Clerk, one Calendar Clerk and one Journal Clerk, each of whom shall be compensated in an amount not to exceed $25 per diem plus the same daily expense, allowance as members of the House. The Clerk shall also receive the above mileage.
(b) Copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, and sound machine operators, each of whom shall be compensated in an amount not to exceed $30 per diem.
(c) Porters, each of whom shall be compensated in an amount not to exceed $20 per diem.
(d) Personnel to distribute bills and other material for mem bers, each of whom shall be compensated in an amount not to exceed $15 per diem.
The Clerk shall receive the same daily expense allowance and the same mileage allowance as members of the House.

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

MONDAY, JANUARY 8, 1973

21

PART II.

BE IT FURTHER RESOLVED that the provisions of Part I of this resolution shall also be effective during the period between the first and second portions of the 1973 regular session, and the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, and the Clerk of the House are hereby authorized to keep their offices open and retain such of the foregoing officials and other personnel as they deem necessary and advisable during such period. Such officials and personnel shall be compensated in an amount not to exceed the amount provided in Part I. During such period of time, the Speaker, the Speaker Pro Tempore, the Majority Leader and the Minority Leader shall each be a committee of one and shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.

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

PART III.

BE IT FURTHER RESOLVED that after final adjournment of the 1973 regular session of the General Assembly until the convening' of the 1974 regular session of the General Assembly, and after final adjourn ment of the 1974 regular session of the General Assembly until the con vening of the 1975 regular session of the General Assembly, except as provided in Part IV of this resolution, the following provisions shall be in effect:

1. The Journals Committee is hereby authorized to remain at the Capitol five days after adjournment for the purpose of checking bilis and resolutions, and transacting whatever other matters are necessary.
The members shall receive the expense, mileage and travel allowances authorized by law for members of interim committees.

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

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JOURNAL OF THE HOUSE,

and consultants for the committees of the House, the rate of compensa tion therefor to be agreed upon, by the Speaker and the Chairman of the committee.

3. The Clerk of the House and such personnel as he deems neces sary are authorized to remain at the Capitol not to exceed forty days after adjournment of each regular session for the purpose of completing the work and records in the Clerk's office. For each such day such per sonnel shall be compensated in an amount not to exceed the compensa tion and expenses received for each day during the regular session. After such forty-day period the Clerk is authorized to keep his office open for the transaction of business and for the convenience of the members of the House. The Clerk is authorized to employ secretaries to perform duties in the Clerk's office and fix the compensation therefor at an amount not to exceed $30 per diem each. The Clerk is authorized to employ porters to perform duties in the Clerk's office and fix the compensation therefor at an amount not to exceed $15 per diem each. The Clerk is authorized to employ such personnel as he deems necessary and fix the compensation therefor not to exceed the amount provided in Part I of this resolution, seven days prior to the convening of any regular or extraordinary session of the General Assembly. For each day spent in his office the Clerk shall receive the same daily expense allowance as members of the House, plus mileage.

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

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

MONDAY, JANUARY 8, 1973

23

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

7. The Speaker Pro Tempore shall be furnished office space, and for each day spent on official business during the period covered by this part of this resolution, the Speaker Pro Ternpore shall be a committee of one and shall receive the expenses, mileage and travel allowances authorized by law for members of interim committees. He shall be au thorized to keep his office open during the entire period. He is also authorized to employ a secretary who shall be compensated as provided in Part I.
PART IV.
BE IT FURTHER RESOLVED that in the event of an extraordinary session during the interim between the 1973 and 1974 regular session of the General Assembly or between the 1974 and the 1975 regular session of the General Assembly, the following provisions shall be in effect:

1. The Speaker of the House, the Majority Leader of the House and the Minority Leader of the House are hereby authorized to appoint and employ the officials and employees authorized in Part I of this resolution for a period of time not to exceed seven days prior to the con vening of such extraordinary session and terminating not later than ten days after final adjournment of said extraordinary session. Such officials and employees shall be compensated in an amount not to exceed that provided in Part I of this resolution. The Speaker Pro Tempore is au thorized to appoint one secretary and fix the compensation therefor in an amount not to exceed that provided in Part I of this resolution. For the seven-day period prior to any such session and for the ten-day period after final adjournment of any such session, the Speaker of the House and the Majority Leader of the House shall each be a committee of one and shall receive the expense, mileage and travel allowances au thorized by law for members of interim committees.

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

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JOURNAL OP THE HOUSE,

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

PART V.

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

PART VI.

BE IT FURTHER RESOLVED that during such time as any of the officials listed hereinafter are authorized not to be at the Capitol, the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, and the Clerk shall be furnished suitable office space and are authorized to purchase and requisition all necessary supplies, equipment, services, utilities and maintenance necessary for the operation of their offices.

Pursuant to the provisions of law, in addition to the amount he receives as salary as a member of the General Assembly, the Ma jority Leader shall receive an amount of twenty-four hundred dollars ($2,400.00) per annum, as salary, to be paid in equal monthly or semi monthly installments.

PART VII.

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

PART VIII.

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

HR 4. By Messrs. Smith of the 91st, Murphy of the 18th, Busbee and Lee of the 114th, Connell of the 80th and Lambert of the 97th:
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that, except as hereinafter provided, the Rules of the House of Repre-

MONDAY, JANUARY 8, 1973

25

sentatives in force at the adjournment of the regular 1972 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1973 session.

BE IT FURTHER RESOLVED that the Rules are hereby amended by striking House Rules 6, 21, 30, 31, 37, 40, 46, 55, 56, 58, 69, 95, 111, 123, 131, 132, 134, 136, 140, 145, 160, 172, 176 and 209 in their entirety and inserting in lieu thereof new such Rules to read as follows:
"Rule 6. The Speaker shall assign seats to the members. Mem bers who were members during the last regular session of the House shall be assigned the seats which they held during such last regular session, if such seats are available for assignment.
"Rule 21. It shall be the duty of the Messenger to attend to the wants of the House while in session, to aid in the enforcement of order, under the direction of the Speaker, and to execute the demands of the House from time to time, together with all such processes issued under its authority, as may be directed to him by the Speaker.

There shall be a Sergeant-at-Arms of the House who, under the direction of the Speaker, shall be responsible for maintaining order in the House Chamber, galleries and anterooms. The Sergeantat-Arms shall be designated by the Speaker and, at the direction of the Speaker, shall assist the Messenger in the performance of his duties under these rules.

"Rule 30. Whenever from any cause the Speaker shall be ab sent at the beginning of a daily session, the Speaker Pro Tempore shall preside. If both shall be absent, the Clerk of the House shall call the House to order and shall preside until the election of an acting Speaker Pro Tempore, which said election shall be the first business of the House. The acting Speaker Pro Tempore thus elected shall preside until the return of one of the first named officers, when his functions shall cease.

"Rule 31. Members of all committees provided for in these rules shall be appointed by the Speaker, unless otherwise ordered by the House. The Speaker may create, in his discretion, within any standing committee, a subcommittee or subcommittees and con stitute the membership thereof.

Except for the Committee on Rules and the Committee on Inter state Cooperation, a member shall remain on the committee to which he is appointed so long as he is a member of the House. In the event a member desires to change committees, he may make a request to the Speaker, and in the event a change can be accomplished, the Speaker is authorized to make such change.

"Rule 37. The Committee on Rules, during the last twenty-one days of each session, shall arrange and fix the calendar for each day's business. Such calendar shall be a standing and continuing

26

JOURNAL OF THE HOUSE,

special order during said period. Only the Rules Committee may amend the Rules Calendar during any legislative day except that such Calendar may be changed by a three-fourths vote of the mem bers voting, provided such three-fourths constitutes a majority of the members elected to the House.

"Rule 40. The Rules of the House, known as Constitutional Rules and Statutory Rules, shall not be suspended. Except as pro vided elsewhere in these rules, no other rule shall be suspended or changed nor the order of business changed except by a vote of twothirds of the members voting, if such two-thirds constitutes a ma jority of the members elected to the House.

"Rule 46. Every motion for information from the Executive Department or any other department of the State government shall be considered on the same legislative day on which it is made, ex cept that by a vote of a majority of the members elected such mo tion may be postponed for consideration until the next legislative day after the day on which such motion is made, but no later.

"Rule 55. The power to compel the attendance of members, in order to keep or secure a quorum, shall be vested in the Speaker, and to this end he may have the doors of the House closed. When the doors are so closed, no member shall be allowed to retire from the House without first obtaining leave from the House.

The Messenger of the House, on order of the Speaker may arrest any absentees and bring them before the House when neces sary to secure a quorum as aforesaid. The Seregant-at-Arms of the House shall also be authorized to perform the same duties as pro vided herein for the Messenger.

"Rule 56. Whenever the result of a vote taken shall disclose the fact that no quorum of the House is present, or when the Speaker shall officially state the fact to the House, it shall be in order for any member to make a motion for a call of the House. When such motion is made, the Speaker shall state the question as follows: 'Shall the motion for the call of the House prevail?' and if onefifth of the members present shall vote in. the affirmative, the Speaker shall order the Clerk to call the roll of members and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. Those who do not appear, and who are absent without leave, may, by order of the majority of the members present, be sent for and arrested wherever they may be found by the officers to be appointed by the Messenger for that purpose, and their attendance secured, and the House shall determine upon what conditions they shall be discharged.

"Rule 58. When any member is about to speak in debate or deliver any matter to the House, he shall rise from his seat and respectfully address himself to 'Mr. Speaker'. No member shall be recognized by the Speaker unless said member is at his designated seat.

MONDAY, JANUARY 8, 1973

27

The member shall be confined to matter in debate and shall not speak more than twice on any subject or more than once until every member choosing to speak shall have spoken.

No member of the House shall occupy the floor longer than one (1) hour in debating any question, unless otherwise ordered by the House. On the last two days of the session no member of the House shall occupy the floor longer than twenty (20) minutes in debating any question, unless otherwise ordered by the House. Any motion to limit or extend the time of individual speeches shall be decided without debate. No such motion shall prevail unless it shall receive the affirmative votes of two-thirds of those voting, provided the total vote constitutes a quorum. Such motion may be made at any time that the movant thereof may legitimately obtain the floor.
If any member, in speaking or otherwise, transgresses the rules of the House, the Speaker shall call him to order, in which case the said member shall immediately sit down, unless permitted to ex plain. The House shall, if appealed to, decide whether to confirm the Speaker's action. If the transgressor refuses to submit to the de cision of the House, for the first offense he shall be reproved; for the second he shall be fined in a sum not exceeding ten dollars; and if he continues refractory, he may be expelled from the House by a two-thirds vote of the members, which said vote shall be taken by yeas and nays, and recorded on the Journal of the House.

"Rule 69. Applause, hisses or other noises in the Representa tive Chamber, in the gallery, or in the lobbies during any speech or legislative proceeding shall be promptly suppressed.

"Rule 95. A majority of a quorum voting is necessary to lay a bill on the table. A majority of a quorum voting may take from the table at any time when the House is not engaged on any other measure, any bill, resolution, or paper which has been ordered to lie on the table; and when so taken up the same is thereby restored to its appropriate place on the calendar.

"Rule 111. Motions for reconsideration shall be in order im mediately after the order of unanimous consent on the day succeed ing the action sought to be reconsidered and such other days as hereinafter provided. Before any action can be reconsidered notice must have been given to the House of intention to so move during the legislative day during which the action sought to be reconsidered took place. The notice of a motion to reconsider shall not be with drawn after the time has elapsed within which it might originally have been made. A motion for reconsideration takes a majority of those voting, providing- the total vote constitutes a quorum.

When the action sought to be reconsidered occurs on the last legislative day of the week, the motion for reconsideration shall be in order on the following Monday. When the action sought to be reconsidered occurs on the last day of the session, the same may be reconsidered during such day.

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JOURNAL OP THE HOUSE,

The action of the House upon a House amendment may be re considered at any time before final action upon the section, bill or resolution to which the amendment relates. The action of the House on Senate amendments shall be in order for reconsideration im mediately, and not otherwise.
"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.
"Rule 131. All bills and resolutions shall be called in the nu merical order in which they stand on the calendar or as otherwise directed by the Speaker or by the House. Provided, that the General Appropriations Bill shall have precedence on third reading over all other matters, even Special Orders, until final disposition of the said Bill.
So that the proper numerical order may be accurately and fairly determined as between bills and resolutions, it shall be the duty of the Clerk to place on each bill and resolution, as same is read the first time, a number following the numerical order in which said bills and resolutions are read the first time, adopting one series of numbers and the same series of numbers for both bills and resolu tions. Before reading any bill or resolution the second or third time, the Clerk shall distinctly state its number and the name of the member by whom introduced.

"Rule 132. A motion to engross a bill may be made upon read ing the bill the first time, and at no other time. When a motion to engross is made, no debate shall be permitted, except that the movant may speak to his motion not longer than five minutes, and any one other member of the House may speak in opposition thereto for five minutes. No bill or resolution shall be engrossed except upon the affirmative vote of two-thirds of the members voting, provided the total vote constitutes a quorum, or except by unanimous con sent. In case of engrossment of any bill or other matter the entry thereof shall be made by the Clerk, and the bill or other matter shall not be amendable thereafter unless subsequently committed.

"Rule 134. Whenever any bill or resolution, having the force and effect of law is filed with the Clerk, it shall be read for the first time on the succeeding day and such day shall be deemed to be the date on which the bill was introduced. Such bill or resolution shall then automatically be read for the second time on the legisla tive day following the day on which it is introduced. There shall be no debate on the first or second reading of any bill or resolution.
"Rule 136. No Committee of the Whole or other committee shall deface or interline a bill, resolution or other paper referred to

MONDAY, JANUARY 8, 1973

29

said committee, but shall report any amendment recommended on a separate paper, noting the section, page, or line to which said amendment relates. No person shall write upon or mark upon the original bill in any manner.

"Rule 140. Whenever any bill or resolution has been referred to a committee, and the committee has held the bill or resolution in the custody or control for ten days without reporting on same, the author of such bill or resolution, or any member of the House, shall have the right immediately after the confirmation of the Journal, to give notice that at the next regular meeting day of the House he will submit a motion instructing such committee to report such bill or resolution back to the House. After which, on the next regular meeting day of the House, any member of the House, im mediately after the confirmation of the Journal, may move to in struct such committee to report such bill or resolution back to the House. If the motion is passed by two-thirds of those voting, if those voting constitute a quorum, it shall be the duty of such com mittee to report such bill or resolution accordingly, with or without recommendation, as the case may be, at the next regular meeting day. Upon failure of said committee to report such bill or resolution accordingly, the same shall automatically be returned to the House for consideration. Debate on said motion to instruct such committee to report such bill or resolution back to the House shall be limited to twenty minutes, unless otherwise ordered by the House. When such bill or resolution is so reported or returned to the House, it may be referred or committed as other bills or resolutions.

Provided, that any motion or resolution to set a special order, or to change the order of business for any particular day, which has been referred to the Committee on Rules, may be held in the custody and control of such committee only three days.

"Rule 145. In the Committee of the Whole, bills shall be first
read throughout by the Clerk, and then again be read or debated by clauses, or sections, leaving' the title to be last considered, unless otherwise ordered.

"Rule 160. A substitute shall be treated as an amendment in these rules unless it is clearly indicated otherwise. Provided, how ever, for the purposes of amending a substitute, a substitute shall not be treated as an amendment.

"Rule 172. The questions which arise before the House respect ing amendments by the Senate to a House bill or resolution are, in order of precedence:

1st. A motion to agree to the Senate amendment.
2nd. A motion to disagree with the Senate amendment.
3rd. A motion to recede from the House's disagreement or amendment.
4th. A motion to insist on the House's disagreement or amend ment.

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JOURNAL OF THE HOUSE,

The Speaker is authorized on his own motion, or upon point of order being made, when in his opinion a Senate amendment to a House bill is not germane, to rule out such amendment. The effect of such ruling of the Speaker, if not appealed from or if appealed from and the appeal not sustained, shall be the same as a vote of the House to disagree, and the Clerk shall so report it to the Senate. Such point of order shall take precedence over a motion to agree.

Provided, that when any question of disagreement with the Senate arises, the following motions shall be in order at any time the movant can legally obtained the floor: 1st. a motion to insist upon the House position; 2nd. a motion to recede from the House position. Debate thereon is limited as in the case of reconsideration. These motions shall be put in the order listed, subject to disposition by the House of any amendments affecting the matter in disagree ment.
"Rule 176. Whenever any member moves that a Committee of Conference be appointed, on disagreeing votes or other matters of the two Houses, and said motion prevails, the Speaker shall appoint three (3) members for the Committee, who voted in the majority on the position assumed by the House on the passage of the bill or resolution, if such vote has been had.
The Committee of Conference may consider the whole subject matter embraced in a bill, resolution, or other matter before it, and may recommend rescission by either House, new amendments, new bills and resolutions, or other germane changes, unless instructed otherwise by the House on motion, before the members of the Con ference Committee are appointed.
A report of a Committee of Conference must be approved by a majority vote of the entire membership of the Committee, before the report may be transmitted to either the Senate or the House.

After a Committee of Conference has been in existence for five (5) days and has failed to make a report to the House on the ques tion under consideration, the House, on motion and by a majority vote of all members elected to the House, may discharge the House conferees and appoint new conferees, instruct said House conferees, or make any other motion not contrary to the rules of the House. Provided, that during the last five (5) days of the session the above motion may be made and passed at any time, but not more often than every three (3) hours.

All Conference Committee reports shall be printed and dis tributed to the Representatives prior to consideration of the same, unless the printing of the same be dispensed with by a majority vote of all members elected to the House.

All Conference Committee reports must be adopted by the vote required to pass the bill, resolution, or matter under consideration.

MONDAY, JANUARY 8, 1973

31

"Rule 209. The Speaker shall appoint the following standing committees:
1. Agriculture and Consumer Affairs. 2. Appropriations. 3. Banks and Banking1. 4. Defense and Veterans Affairs. 5. Education. 6. Health and Ecology. 7. Highways. 8. Human Relations. 9. Industrial Relations. 10. Industry. 11. Insurance. 12. Interstate Cooperation. 13. Journals. 14. Judiciary. 15. Legislative and Congressional Reapportionment. 16. Motor Vehicles. 17. Natural Resources. 18. Recreation. 19. Retirement. 20. Rules. 21. Special Judiciary. 22. State Institutions and Property. 23. State Planning and Community Affairs. 24. State of Republic. 25. Temperance. 26. University System of Georgia. 27. Ways and Means.
No member of the House shall be appointed to or serve on less than two (2) or more than three (3) standing committees of the House, with the exception of the Committee on Interstate Coopera tion.

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

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JOURNAL OF THE HOUSE,

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

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

BE IT FURTHER RESOLVED that the Rules are hereby amended by striking the words "Auditing, Enrolling and Engrossing, Journals" wherever they appear in connection with the name of that Committee and inserting in lieu thereof the words "Journals" so that the name of the Auditing, Enrolling and Engrossing, Journal's Committee shall be changed to the Journals Committee.

HR 5. By Messrs. Smith of the 91st, Murphy of the 18th, Busbee and Lee of the 114th, Connell of the 80th and Lambert of the 97th:
A RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that His Excellency, Governor 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 9, 1973, in the Hall of the House of Repre sentatives.
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 pur pose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.

The Speaker appointed as a Committee of Escort on the part of the House the following members:
Honorable A. L. Burruss of the 21st
Honorable Nathan D. Dean of the 17th

MONDAY, JANUARY 8, 1973

33

Honorable Peyton S. Hawes, Jr. of the 43rd Honorable Henry L. Reaves of the 124th Honorable John Russell of the 62nd Honorable E. J. Shepherd of the 28th Honorable J. R. Smith of the 74th

HR 6. By Messrs. Smith of the 91st, Murphy of the 18th, Connell of the 80th, Lambert of the 97th and Busbee and Lee of the 114th:
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, 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, 1973, in the Hall of the House of Repre sentatives.
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 pur pose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.

The Speaker appointed as a Committee of Escort on the part of the House the following members:
Honorable John Adams of the 14th Honorable Frank I. Bailey, Jr. of the 68th Honorable Elliott H. Levitas of the 50th Honorable Sidney J. Marcus of the 26th Honorable Walter B. Russell, Jr. of the 53rd Honorable Albert W. Thompson of the 86th Honorable Doug Whitmire of the 9th

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JOURNAL OP THE HOUSE,

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

Mr. Speaker:

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

SR 3. By Senators London of the 50th, Coggin of the 35th, and Gillis of the 20th:
A Resolution notifying the House of Representatives that the Senate has convened.

The next order of business being the election of a Speaker Pro Tern of the House for the ensuing term of two years, the name of Honorable Thomas B. Murphy of the 18th was placed in nomination by Mr. Wood of the 9th, which nomination was seconded by Mr. Collins of the 122nd.

Mr. Busbee of the 114th moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire House for the nominee. The motion prevailed and the Honorable Thomas B. Murphy of the 18th was declared elected Speaker Pro Tern for the ensuing term of two years.

The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following members:
Honorable Carlton H. Colwell of the 4th Honorable R. A. Dent of the 78th Honorable W. Jones Lane of the 76th Honorable Sidney Lowrey of the 15th Honorable E. Vince Moyer of the 99th Honorable Henry L. Reaves of the 124th

The Speaker Pro Tern was escorted to the Speaker's stand, where he gave his speech of acceptance with thanks.

The next order of business being the election of a Messenger of the House, Mr. Dorminy of the 115th placed in nomination the name of Honorable Elmore Thrash of Lowndes County, which nomination was seconded by Mr. Mauldin of the 13th.

MONDAY, JANUARY 8, 1973

35

Mr. Busbee of the 114th moved that the nominations be closed and that the Clerk of the House be directed to cast the vote of the entire body for the nominee. The motion prevailed and the Honorable Elmore Thrash of Lowndes County was declared elected Messenger of the House for the ensuing term of two years.

The Speaker appointed as a committee to escort the Messenger to the well of the House the following members:
Honorable Jim T. Bennett, Jr. of the 124th Honorable Joe Frank Harris of the 8th Honorable Robert L. Harrison of the 116th Honorable James W. Keyton of the 121st Honorable Robert Patten of the 124th
The Messenger was escorted to the well of the House where the oath of office was administered by the Speaker.
The next order of business being the election of a Doorkeeper of the House, Mr. Bostick of the 123rd placed in nomination the name of Honorable Marion Toms, which nomination was seconded by Mr. Castleberry of the 96th.

Mr. Busbee of the 114th moved that the nominations be closed and that the Clerk of the House be directed to cast the vote of the entire House for the nominee. The motion prevailed and Honorable Marion Toms was declared elected Doorkeeper of the House for the ensuing term of two years.

The Speaker appointed as a committee to escort the Doorkeeper to the well of the House the following members:
Honorable John R. Irwin of the 113th Honorable Dick Lane of the 40th Honorable Lamar D. Northcutt of the 68th Honorable Colquitt H. Odom of the 114th Honorable H. Norwood Pearce of the 87th

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

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

36

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The Speaker announced the following committee assignments:

AGRICULTURE & CONSUMER AFFAIRS COMMITTEE

Matthews of 122nd, Chairman Lowrey, Vice Chairman Nessmith, Secretary
Adams of 74th Carr Carrell Castleberry Chance Collins of 122nd Dickey Foster Grantham Groover
Hudson

Irvin of 10th McKinney Northcutt Patten of 123rd Patten of 124th
Petro Reaves
Rush Strickland Wheeler of 127th Whitmire Willis Wilson of 94th

AGRICULTURE & CONSUMER AFFAIRS SUBCOMMITTEES

GENERAL AGRICULTURAL MATTERS

Collins of 122nd, Chairman Strickland, Vice Chairman Grantham, Secretary

Carr Castleberry

MARKETING & LIVESTOCK MATTERS

Reaves, Chairman Patten of 123rd, Vice Chairman Foster, Secretary

Chance Rush

MILK & MILK CONTROL

Hudson, Chairman Northcutt, Vice Chairman Wheeler of 127th, Secretary

Petro Reaves

Whitmire, Chairman Hudson, Vice Chairman Carrell, Secretary

POULTRY MATTERS
Dickey McKinney

APPROPRIATIONS COMMITTEE

Floyd of 5th, Chairman Odom, Vice Chairman
Harris of 8th, Secretary Atherton Brantley of 92nd Buck Busbee

Collins of 45th Collins of 122nd
Colwell Daugherty Dean of 17th Dean of 60th Dixon

MONDAY, JANUARY 8, 1973

37

Egan Evans Farrar Floyd of 56th Gignilliat Grahl Hamilton Harrington Howell Jones Jordan Lane of 40th Lane of 76th Lee of 68th Lewis

Lowrey Mauldin Mulherin Murphy Phillips of 73rd Pinkston Rainey Reaves Ross Smith of 74th Vaughn Ware Williams Wilson of 19th Wood

APPROPRIATIONS SUBCOMMITTEES

AGRICULTURE, CONSUMER AFFAIRS & PUBLIC WORKS

Lowrey, Chairman Collins of 122nd, Vice Chairman Mauldin, Secretary

Howell Reaves

EDUCATION

Grahl, Chairman Brantley of 92nd, Vice Chairman Mulherin, Secretary

Farrar Floyd of 56th

Harrington, Chairman Williams, Vice Chairman Wilson of 19th, Secretary

HUMAN RESOURCES
Hamilton Pinkston Lane of 40th

HIGHWAY DEPARTMENT & RELATED AGENCIES

Dean of 17th, Chairman Ross, Vice Chairman Mauldin, Secretary

Colwell Vaughn

LABOR, DEFENSE & PUBLIC SAFETY

Daugherty, Chairman Dixon, Vice Chairman Gignilliat, Secretary

Collins of 45th Jordon

LAW, LEGISLATIVE & REGULATORY AGENCIES

Lewis, Chairman

Daugherty

Lane of 76th, Vice Chairman

Murphy

Ware, Secretary

38

JOURNAL OP THE HOUSE,

DEPARTMENT OF REVENUE & RETIREMENT SYSTEM

Phillips of 73rd, Chairman Atherton, Vice Chairman Lee of 68th, Secretary

Buck Evans

BANKS & BANKING COMMITTEE

Williams, Chairman
Pinkston, Vice Chairman Kreeger, Secretary
Beckham Berry
Brantley of 22nd Brown of 67th Daugherty Dean of 60th Dickey
Horton of 43rd Howard Logan

Mason
McDaniell Miles Milford Morgan
Murphy Odom Oxford Pearce Rogers
Shanahan Triplett Willis

BANKS & BANKING SUBCOMMITTEES

GENERAL BANKING

Logan, Chairman Berry, Vice Chairman Triplett, Secretary

Howard Morgan

INDUSTRIAL LOANS

Pearce, Chairman Daugherty, Vice Chairman Willis, Secretary

Rogers Miles

DEFENSE & VETERANS AFFAIRS COMMITTEE

Ware, Chairman Wood of 9th, Vice Chairman Gignilliat, Secretary
Berlin Berry
Collins of 45th

Dean of 17th Floyd of 5th Hays Lane of 40th Moyer
Wall

DEFENSE & VETERANS AFFAIRS SUBCOMMITTEES

AVIATION AFFAIRS

Wood of 9th, Chairman Collins of 45th, Vice Chairman Berlin, Secretary

Floyd of 5th Gignilliat

MONDAY, JANUARY 8, 1973

39

CIVIL DEFENSE & VETERANS AFFAIRS

Berry, Chairman Gignilliat, Vice Chairman Wall, Secretary

Dean of 17th Floyd of 5th

Moyer, Chairman Hays, Vice Chairman Lane of 40th, Secretary

MILITARY AFFAIRS
Dean of 17th Gignilliat

Farrar, Chairman Grahl, Vice Chairman Northcutt, Secretary
Adams of 14th Alexander of 39th Berlin Bond Brown of 34th Burton Carrell Chance Coney Davis of 85th Dean of 54th Duke Edwards Elliott Ezzard Hamilton

EDUCATION COMMITTEE
Hawes Hill of 110th Jones Jordan Knight Larsen of 102nd Lewis Marcus Mauldin Patterson Phillips of 103rd Ritchie Rogers Russell of 53rd Shepherd Tucker Wheeler of 127th Wilson of 19th

EDUCATION SUBCOMMITTEES

AUTHORITIES & RETIREMENT SYSTEM

Tucker, Chairman Hawes, Vice Chairman Chance, Secretary

Alexander of 39th

Hamilton, Chairman Knight, Vice Chairman Duke, Secretary

COMMON SCHOOLS
Ezzard Lewis

SCHOOL BUILDINGS & SUPPLIES

Wheeler of 127th, Chairman Adams of 14th, Vice Chairman Wilson of 19th, Secretary

Bond

40

JOURNAL OF THE HOUSE,

TRANSPORTATION

Jordan, Chairman Hill of 110th, Vice Chairman Davis of 85th, Secretary

Jones Patterson

VOCATIONAL EDUCATION

Mauldin, Chairman Coney, Vice Chairman Dean of 54th, Secretary

Phillips of 103rd Ritchie

HEALTH & ECOLOGY COMMITTEE

Brown of 67th, Chairman Marcus, Vice Chairman Wheeler of 13th, Secretary
Blackshear Brown of 89th Burton Clark Hudson
Larsen of 27th

Lowrey
McKinney Mulherin Noble Russell of 62nd Savage Shepherd Townsend

HEALTH & ECOLOGY SUBCOMMITTEES

GENERAL HEALTH

Lowrey, Chairman Savage, Vice Chairman Clark, Secretary

Brown of 89th Townsend

NURSING HOMES & HOMES FOR AGED

Hudson, Chairman Mulherin, Vice Chairman McKinney, Secretary

Blackshear Shepherd

HIGHWAYS COMMITTEE

Vaughn, Chairman Dean of 17th, Vice Chairman
Logan, Secretary Adams of 14th Beckham Cole
Collins of 122nd Dean of 54th Dent Dollar Duke Elliott Harris of 8th Hill of 41st

Johnson Matthews of 122nd
Moyer Northcutt Oxford Patterson
Pearce Reaves Shanahan Stephens Triplett Twiggs Waddle Whitmire

MONDAY, JANUARY 8, 1973

41

HIGHWAYS SUBCOMMITTEES

HIGHWAY MAINTENANCE SHOPS & FACILITIES

Oxford, Chairman Dent, Vice Chairman Elliott, Secretary

Moyer Stephens

INTERSTATE HIGHWAY SYSTEM

Adams of 14th, Chairman Johnson, Vice Chairman Waddle, Secretary

Dollar Hill of 41st

STATE HIGHWAY SYSTEM

Collins of 122nd, Chairman Patterson, Vice Chairman Twiggs, Secretary

Pearce Triplett

HUMAN RELATIONS COMMITTEE

Harrington, Chairman Morgan, Vice Chairman Dean of 54th, Secretary
Ezzard

Hill of 110th Horton of 56th Matthews of 122nd Savage

Lee of 68th, Chairman Sweat, Vice Chairman
Moyer, Secretary Adams of 14th Alien
Bailey Berlin Burruss Collins of 45th
Harden

INDUSTRY COMMITTEE
Hill of 41st Irwin of 113th McDaniell McDonald Patten of 124th Petro Shepherd Waddle Wheeler of 127th

INDUSTRY SUBCOMMITTEES

INDUSTRIAL DEVELOPMENT

McDaniell, Chairman Hill of 41st, Vice Chairman Patten of 124th, Secretary

Adams of 14th Waddle

INDUSTRIAL INFORMATION & COORDINATION

Bailey, Chairman Shepherd, Vice Chairman Petro, Secretary

Burruss Irwin of 113th

42

JOURNAL OP THE HOUSE,

TOURIST RELATIONS

Alien, Chairman Sweat, Vice Chairman Collins of 45th, Secretary

McDonald Wheeler of 127th

McCracken, Chairman Dixon, Vice Chairman Shanahan, Secretary
Adams of 84th Bohannon Brantley of 22nd Castleberry Coney Duke Greer

INSURANCE COMMITTEE
Irvin of 23rd Jessup Lee of 114th Mason Peters Petro Smith of 74th Strickland Wilson of 94th Wood

INSURANCE SUBCOMMITTEES

FIRE, CASUALTY & ALLIED LINES

Lee of 114th, Chairman Greer, Vice Chairman
Castleberry, Secretary

Coney Peters

HEALTH, LIFE & ACCIDENT

Shanahan, Chairman Mason, Vice Chairman Bohannon, Secretary

Strickland Wilson of 94th

INDUSTRIAL RELATIONS COMMITTEE

Mullinax, Chairman Brown of 34th, Vice Chairman Carr, Secretary
Adams of 84th Burton Davis of 85th

Ezzard Grantham Harden Hutchinson Stephens Thomason

INDUSTRIAL RELATIONS SUBCOMMITTEES

EMPLOYMENT SERVICES

Stephens, Chairman Grantham, Vice Chairman Ezzard, Secretary

Adams of 84th Harden

WORKMEN'S COMPENSATION

Davis of 85th, Chairman Hutchinson, Vice Chairman Burton, Secretary

Carr Thomason

MONDAY, JANUARY 8, 1973

43

INTERSTATE COOPERATION COMMITTEE

Phillips of 73rd, Chairman Dean of 17th, Vice Chairman Edwards, Secretary

Harrison Jessup

Mauldin, Chairman
Milford, Vice Chairman Wall, Secretary

JOURNALS COMMITTEE
Smith of 42nd Wamble

JUDICIARY COMMITTEE

Snow, Chairman Hawes, Vice Chairman Alexander of 38th, Secretary
Bennett Bray Daugherty Dean of 60th Evans Groover Hill of 110th
King

Lambert Lee of 114th Levitas McCracken Morgan Pearce Russell of 53rd Sams Tucker Walker

JUDICIARY SUBCOMMITTEES

GENERAL LAW & PROCEDURE

Hill of the 110th, Chairman Evans, Vice Chairman Dean of 60th, Secretary

Alexander of 38th Levitas

LAW ENFORCEMENT

Lee of the 114th, Chairman Morgan, Vice Chairman Pearce, Secretary

Bray Tucker

PARDONS & PAROLES

Lambert, Chairman Russell of 53rd, Vice Chairman Daugherty, Secretary

Bray King

Bennett, Chairman Walker, Vice Chairman Sams, Secretary

TRUSTS & ESTATES
Groover McCracken

44

JOURNAL OF THE HOUSE,

LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT COMMITTEE

Brantley of 92nd, Chairman Wilson of 19th, Vice Chairman Hamilton, Secretary
Adams of 36th Elliott Harrison

Horton of 43rd Jordan Keyton Ross Sams

MOTOR VEHICLES COMMITTEE

Smith of 74th, Chairman
Adams of 36th, Vice Chairman Jessup, Secretary
Cole Coleman Ellis
Harris of 8th Hutchinson

Matthews of 62nd
McDonald Milford Nix Peters Smith of 42nd
Wall Wamble

MOTOR VEHICLES SUBCOMMITTEES

MOTOR CARRIERS

McDonald, Chairman Harris of 8th, Vice Chairman Nix, Secretary

Adams of 36th Wamble

TITLE & LICENSE AFFAIRS

Jessup, Chairman Ellis, Vice Chairman Smith of 42nd, Secretary

Coleman Matthews of 62nd

TRAFFIC & SAFETY CONTROL

Milford, Chairman Wamble, Vice Chairman Peters, Secretary

Hutchinson Wall

NATURAL RESOURCES COMMITTEE

Dorminy, Chairman Phillips of 103rd, Vice Chairman Mason, Secretary
Alexander of 39th Carlisle Carr Castleberry
Chance

Larsen of 27th Noble Patten of 123rd Russell of 62nd Smith of 42nd Thomason Tucker

MONDAY, JANUARY 8, 1973

45

NATURAL RESOURCES SUBCOMMITTEES

GAS, OIL, GEOLOGY & MINERALS

Mason, Chairman Noble, Vice Chairman Patten of 123rd, Secretary

Carlisle Tucker

SOIL CONSERVATION & POLLUTION

Phillips of 103rd, Chairman Alexander of 39th, Vice Chairman Larsen of 27th, Secretary

Carr Chance Thomason

Rainey, Chairman Peters, Vice Chairman Alien, Secretary
Adams of 36th Atherton Carrell
Coleman Colwell
Dent Dollar Fraser Grahl Grantham
Harden Harrison

RECREATION COMMITTEE
Hays Hudson Irvin of 10th Kreeger McKinney Mullinax Noble Roach Rush Savage Stephens Strickland Thomason Turner Twiggs

RECREATION SUBCOMMITTEES

BOATING

Adams of 36th, Chairman Stephens, Vice Chairman Dollar, Secretary

Harrison Hudson Rush

Grahl, Chairman Fraser, Vice Chairman Noble, Secretary

STATE FISHERIES
Atherton Kreeger

PARKS & RECREATION

Hays, Chairman Irvin of 10th, Vice Chairman Harden, Secretary

Dent Savage

46

JOURNAL OF THE HOUSE,

RETIREMENT COMMITTEE

Buck, Chairman Bostick, Vice Chairman
Dent, Secretary

Snow Townsend
Wheeler of 13th

Busbee, Chairman Lambert, Vice Chairman Lewis, Secretary
Brantley of 92nd Buck Burruss
Connell Davis of 56th Edwards
Egan Ellis Geisinger Greer Groover
Harris of 51st Howard

RULES COMMITTEE
Howell Lee of 68th Levitas Matthews of 62nd McCracken Mullinax Murphy Nessmith Pinkston Sweat Toles Townsend Triplett Vaughn Ware Williams

RULES SUBCOMMITTEES

PRIVILEGE RESOLUTIONS

Brantley of 92nd, Chairman Ware, Vice Chairman Howell, Secretary

Lambert McCracken

Edwards, Chairman Triplett, Vice Chairman Toles, Secretary

RULES CHANGES
Howard Sweat

SPECIAL JUDICIARY COMMITTEE

Roach, Chairman
Larsen of 102nd, Vice Chairman
Howard, Secretary Brown of 89th Carlisle Fraser Horton of 56th

Irvin of 23rd
Irwin of 113th
Knight Kreeger Nix Oxford Thompson

SPECIAL JUDICIARY SUBCOMMITTEES

CODE REVISION

Kreeger, Chairman Larsen of 102nd, Vice Chairman Horton of 56th, Secretary

Brown of 89th Fraser

MONDAY, JANUARY 8, 1973

47

CONSTITUTIONAL AMENDMENTS

Brown of 89th, Chairman Carlisle, Vice Chairman Irwin of 113th, Secretary

Howard Knight

INQUIRY & INVESTIGATION

Thompson, Chairman Fraser, Vice Chairman Irvin of 23rd, Secretary

Oxford Nix

STATE INSTITUTIONS & PROPERTY COMMITTEE

Colwell, Chairman
Burruss, Vice Chairman Toles, Secretary
Alexander of 38th Bond Clark
CoJeman Davis of 85th Ellis Foster Fraser Harrington Harrison Hays
Irvin of 10th Jones Johnson

McDaniell
Nessmith Patterson Phillips of 73rd Rainey Ritchie
Roach Rush Sweat Thompson Turner Twiggs Waddle Whitmire
Willis Wilson of 94th

STATE INSTITUTIONS & PROPERTY SUBCOMMITTEES

ELEEMOSYNARY INSTITUTIONS

McDaniell, Chairman Nessmith, Vice Chairman Whitmire, Secretary

Harrington Thompson

PENAL INSTITUTIONS

Rush, Chairman Harrison, Vice Chairman Jones, Secretary

Foster Hays Roach

Toles, Chairman Burruss, Vice Chairman Coleman, Secretary

PROPERTY CONTROL
Fraser Twiggs

48

JOURNAL OF THE HOUSE,

STATE INCOME PRODUCING PROPERTIES

Rainey, Chairman Patterson, Vice Chairman
Wilson of 94th, Secretary

Rush Toles

Sweat, Chairman Turner, Vice Chairman Davis of 85th, Secretary

STATE PORTS
Nessmith Phillips of 73rd Willis

STATE PLANNING & COMMUNITY AFFAIRS COMMITTEE

Levitas, Chairman
Horton of 43rd, Vice Chairman Knight, Secretary
Alexander of 39th Atherton Bailey Blackshear Bond
Brantley of 22nd Brown of 34th Clark Coney

Davis of 56th
Farrar Floyd of 56th Foster Geisinger Hill of 41st Lane of 40th Larsen of 27th
Mulherin Patten of 123rd Russell of 53rd Walker

STATE PLANNING & COMMUNITY AFFAIRS SUBCOMMITTEES

LOCAL LEGISLATION

Coney, Chairman Mulherin, Vice Chairman Hill of 41st, Secretary

Alexander of 39th Russell of 53rd

STATE & FEDERAL RELATIONS

Atherton, Chairman Geisinger, Vice Chairman Brown of 34th, Secretary

Brantley of 22nd Patten of 123rd

STATE OF REPUBLIC COMMITTEE

Howell, Chairman Bray, Vice Chairman Keyton, Secretary
Bohannon Connell Davis of 56th Dorminy Edwards

Floyd of 56th Harris of 51st King Lamhert Larsen of 102nd McDonald Turner

MONDAY, JANUARY 8, 1973

49

TEMPERANCE COMMITTEE

Lane of 76th, Chairman Thompson, Vice Chairman Bennett, Secretary

Blackshear Evans Miles

UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

Matthews of 62nd, Chairman Bennett, Vice Chairman Ross, Secretary
Adams of 74th Alexander of 38th Beckham Bohannon Bostick Brown of 67th Carlisle Connell Dickey Floyd of 5th Gignilliat Harris of 51st

Irvin of 23rd Irwin of 113th Jessup Johnson King Lane of 76th Logan Nix Odom Patten of 124th Russell of 62nd Toles Walker Wheeler of 13th

UNIVERSITY SYSTEM OF GEORGIA SUBCOMMITTEES

HIGHER FINANCE

Gignilliat, Chairman Logan, Vice Chairman Dickey, Secretary

Walker Wheeler of 13th

LONG RANGE PROGRAMS

King, Chairman Bohannon, Vice Chairman Russell of 62nd, Secretary

Beckham Ross

Wamble, Chairman Cole, Vice Chairman Miles, Secretary
Adams of 74th Adams of 84th Alien Bailey Berry Bostick Bray Brown of 89th Busbee Dixon Dollar Dorminy

WAYS & MEANS COMMITTEE
Egan Geisinger Greer Hawes Horton of 56th Hutchinson Keyton Lee of 114th Marcus Phillips of 73rd Phillips of 103rd Ritchie Rogers Sams Snow

50

JOURNAL OP THE HOUSE,

WAYS & MEANS SUBCOMMITTEES

INCOME & ESTATE TAXES

Dorminy, Chairman Adams of 74th, Vice Chairman Bailey, Secretary

Marcus Snow

PUBLIC UTILITIES & TRANSPORTATION

Berry, Chairman Alien, Vice Chairman Adams of 84th, Secretary

Bixon Hutchinson

REAL & INTANGIBLE TAX

Phillips of 103rd, Chairman Ritchie, Vice Chairman Rogers, Secretary

Bray Phillips of 73rd

SALES TAX & TAX REVISION

Keyton, Chairman Greer, Vice Chairman Brown of 89th, Secretary

Bostick Cole

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

April 7, 1972

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

Dear Mr. Speaker:

Article V, Section I, Paragraph XV of the Constitution of the State of Georgia requires that I transmit to the presiding officer of the Branch of the General Assembly in which it originated such bills as vetoed by me.

I have vetoed the bills listed below which were passed at the 1972 Regular Session of the General Assembly of Georgia. The bills and a list of reasons for their veto are enclosed as required by law.

Sincerely,

JC:whc

/s/ Jimmy Carter

MONDAY, JANUARY 8, 1973

51

Enclosures: House Bill 1495 House Bill 848 House Bill 1169 House Bill 1310 House Bill 1326 House Resolution 172-521 House Resolution 815-1988 House Bill 1693 House Bill 352 House Bill 1167 House Bill 1199 House Bill 1216 House Bill 1317 House Bill 1538 House Bill 1878 House Resolution 128-360 House Resolution 628-1476 House Resolution 674-1585 House Resolution 759-1749 House Resolution 796-1932
House Bill No. 1495 (Veto Act No. 21)--By Messrs. Brantley of the 52nd, Lane of the 44th, Nessmith of the 44th and others.

This bill would change the provisions relative to the boundaries of area planning and development commissions so as to freeze the boun daries of Georgia's area planning and development commissions as they existed on January 1, 1971. The effect of this legislation would nullify the actions of the State Planning and Community Affairs Policy Board which created eighteen districts instead of the existing nineteen.

House Bill No. 848 (Veto Act No. 25)--By Messrs. Howard of the 117th, Leggett of the 67th, Bohannon of the 20th and others.

This bill as passed by the General Assembly operates as a substitute for the old obscenity statute by redefining "obscene materials" in terms of "harmful materials" and substituting new standards to be used in the control of pornographic material. This bill would repeal the present Georgia law with respect to prosecutions for obscenity violations. The present Georgia law has been upheld and declared constitutional by both the State Appellate and Federal courts. I have been advised that in all

JOURNAL OF THE HOUSE,
probability this bill would be declared unconstitutional and such an event would result in Georgia having no obscenity law that could be enforced.
House Bill No. 1169 (Veto Act No. 26)--By Messrs. Adams of the 100th, Smith of the 29th, Gary of the 21st and Johnson of the 29th.
This bill would amend the Uniform Act Regulating Traffic on High ways so as to provide that trailers and semi-trailers of 2,500 pounds gross weight and less would be exempt from the annual inspection pro visions of the Act. Federal regulations require that each State have a program for periodic inspection of all registered vehicles and au thorizes the Secretary of Transportation not to apportion any funds under the National Highway Safety Act to a State not implementing a Highway Safety Program approved by the Secretary. It is in the best interests of the motoring public to have such vehicles inspected in order to insure their safe use on the highways and not to endanger either our citizens or our share of the National Highway funds.
House Bill No. 1310 (Veto Act No. 27)--By Mr. Russell of the 14th.
This bill as passed consolidated the offices of the Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner. Another and separate bill covering this same subject was also passed at this Session of the General Assembly and the author asked that this bill be vetoed. The other bill dealing with the same subject and by the same author was passed and signed into law.
House Bill No. 1326 (Veto Act No. 28)--By Messrs. Buck of the 84th and Bostick of the 63rd.
This bill amends the Superior Court Judges Emeritus Act so as to provide for additional creditable service. This bill would have limited effect, providing creditable service for possibly only one person. Several members of the General Assembly have requested that the bill be vetoed because it was approved under a misapprehension.
House Resolution No. 172-521 (Veto Act No. 29)--By Messrs. Davis, Floyd, Westlake and Granade of the 75th, Jordan of the 74th, Geisinger of the 72nd and others.
This bill would create a DeKalb County Education Study Commis sion; however, the legislation provided that it would be abolished on November 1, 1971. Because of this irregularity, the authors of the bill requested that the same be vetoed.
House Resolution No. 815-1988 (Veto Act No. 30)--By Messrs. Chandler and Harrington of the 34th.
This Resolution would authorize the conveyance of certain real property located in Baldwin County, currently under the jurisdiction of the Department of Family and Children Services, to the Milledgeville

MONDAY, JANUARY 8, 1973

53

and Baldwin County Industrial Authority. House Resolution No. 816, which has been signed into law, authorizes a conveyance of 74 acres of State property to the Milledgeville and Baldwin County Industrial Authority which should be sufficient to provide for needed industrial expansion in Baldwin County for the next few years.

House Bill No. 1693 (Veto Act No. 32)--By Mr. Busbee of the 61st.

This bill provides that the Department of Audits and Accounts and the Office of the State Auditor shall be a part of the Legislative Branch of Government. The placement of the State Auditor and the Department of Audits and Accounts has served the people of Georgia well as it is presently organized. The State Auditor serves on many boards and bureaus within the Executive Branch of Government, per forming valuable executive functions. There is serious doubt as to whe ther or not the State Auditor could continue to perform these executive responsibilities if he were transferred to the Legislative Branch of Government.

House Bill No. 352 (Veto Act No. 33)--By Mr. Harrington of the 34th.

This bill amends the Georgia law pertaining to public and legal holidays in the State of Georgia so as to change the time for observing certain holidays by providing that when a holiday occurs on a Saturday the preceding Friday shall be observed as a public and legal holiday. Existing law now provides that certain holidays shall be observed on Monday, and it would be inconsistent with the policy of observing holi days on Monday. Many Georgians are employed in jobs that require that they work on Saturday, and it would be improper at this time to transfer holidays from Saturday to Friday.

House Bill No. 1167 (Veto Act No. 34)--By Messrs. Dixon of the 65th and Carter of the 64th.

This bill provides that persons wishing to qualify as a master or contracting plumber or journeyman plumber may be issued a license without taking an examination if they can prove that they had prior experience as such. There is no deadline under the bill for making such application and to continue to allow persons to receive a license without examination does nothing but negate the purpose for which the law
was passed.

House Bill No. 1199 (Veto Act No. 35)--By Mr. Lee of the 61st.

This bill amends the Peace Officers Standards and Training Act so as to add a new disqualification for those persons who have been convicted of crimes which are "punishable as misdemeanors of a high and aggravated nature". The bill has a retroactive effect in that the disqualification applies to presently employed peace officers. The bill was apparently intended to apply with respect to only certain crimes involving prostitution and commercial gambling; however, Georgia Code 26-401 defines a misdemeanor of a high and aggravated nature to mean any

54

JOURNAL OF THE HOUSE,

crime other than a felony. The bill makes no provision for a waiver even after rehabilitation irrespective of the passage of time.

House Bill No. 1216 (Veto Act No. 36)--By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Mrs. Merritt of the 46th and others.

This bill recreates and re-establishes the Georgia Commission for the National Bicentennial Celebration. The bill repeals the original Resolu tion which established the present Commission. Senate Bill 499, which has been signed into law, assigned the Bicentennial Commission to the Secretary of State for administrative purposes, which would allow the Commission to receive staff support from the Secretary of State and the Department of Archives and History. The present bill makes no assignment of the new Commission and creates another State agency, which has the effect of violating the purposes set out in the reorganiza tion of the Executive Branch of Government. I agree with the purposes of the bill, and veto it only because it creates an additional agency of State Government.

House Bill No. 1317 (Veto Act No. 37)--By Mr. Murphy of the 19th.

This bill directs the State Treasurer to open and maintain an office to cash personal and payroll checks for members of the General Assembly and other State employees. The Treasurer would be personally responsible for any losses suffered as a result of the operation and other legislation passed during the Session may well lead to the abolish ment of the office of State Treasurer. There are commercial banking services available in the vicinity of the State Capitol which can provide these services.

House Bill No. 1538 (Veto Act No. 38)--By Messrs. McBaniell, Howard, Housley, Kreeger, Wilson, Atherton and Burruss of the 117th.

This bill requires every person selling model glue to maintain rec ords of the names and addresses and telephone numbers of each person purchasing such model glue, and also provides for the posting of notices to the effect that it is unlawful for a person to purchase model glue for certain purposes. The sniffing of glue has become a problem in many areas of the State of Georgia; however, this bill attempts to alleviate the problem in a discriminatory way. Eighty-five per cent of all hobby glue now contains an additive (usually oil of mustard) which deters the inhaling of such solvents. The bill makes no reference to other glues or solvents, such as commercial adhesives, or other products readily available at any building supply establishment. Legislation could be introduced which would require the use of additives in any such solvent, thereby alleviating the problem without the burdens being placed solely upon those who deal in model glue.

House Bill No. 1878 (Veto Act No. 39)--By Mr. Knowles of the 22nd.

This bill would authorize Henry County to levy a sales or excise tax as well as general business license taxes. This bill is essentially the same legislation that was passed during the 1971 regular session of the

MONDAY, JANUARY 8, 1973

55

General Assembly and designated as House Bill No. 268, which was vetoed. This legislation would authorize an excise tax on gross receipts for sporting events taking place in Henry County, while other sporting events throughout Georgia would not be subject to such a tax.

House Resolution No. 128-360 (Veto Act No. 47)--By Messrs. Westlake, Granade, Davis and Floyd of the 75th.

This is a resolution compensating Mr. Frank G. Miller as a result of an accident between an automobile driven by Mr. Miller and a vehicle belonging to the State Highway Department. The resolution was not approved by the Claims Advisory Board, and the Highway Department has advised me that they were not at fault with respect to this par ticular collision.
House Resolution No. 628-1476 (Veto Act No. 48)--By Messrs. Wilson, Atherton, Housley, Burruss and Howard of the 117th.

This resolution authorizes the Governor on behalf of the State of Georgia to lease certain property in the City of Marietta for a period of 25 years at the lease rate of $1.00 per year. This property should be leased at a fair market rental value per annum as opposed to the $1.00 provided for in the Resolution.

House Resolution No. 674-1585 (Veto Act No. 49)--By Messrs. Moore and Gunter of the 6th.

This resolution would authorize the Governor on behalf of the State of Georgia to lease to Stephens County certain property in Toccoa with improvements thereon which formerly had been used as a State Patrol barracks. The term of the lease would have been 50 years and
the consideration would be $25.00 per annum, which is a 1.2% of the fair market rental value established by an appraisal completed in 1968. This is not fair market value for the State property involved and was vetoed for this reason.

House Resolution No. 759-1749 (Veto Act No. 50)--By Mr. Harris of the 10th.

This resolution authorizes the Governor on behalf of the State of Georgia to lease certain properties described in the resolution. The author requested that this resolution be vetoed when it was discovered that the State did not own the property in question.

House Resolution No. 796-1932 (Veto Act No. 51)--By Messrs. Harrington and Chandler of the 34th.

This resolution authorizes the State Properties Control Commission to lease certain described property in the City of Milledgeville to the First Presbyterian Church. The church has no plans for the immediate use of the property in question, and the property may be necessary for future development at the Georgia Military College. The resolution does

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not provide that the State shall receive any consideration for the lease of the property and was vetoed for this reason.

The following communication was received and read:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 8, 1973
The Honorable Geo. L. Smith, II Speaker of the General Assembly
of the State of Georgia State Capitol Atlanta, Georgia 30334

Dear Mr. Speaker:

This is to certify that Representative George D. Busbee of District 114, Post 1, was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Democratic Caucus held on the 13th day of November, 1972, at the State Capitol, Atlanta Georgia.

This certification is submitted pursuant to Rule No. 209 of the Rules of the House of Representatives.

So certified this the 8th day of January, 1973.

Respectfully,

ELR/da

/s/ E. Roy Lambert Chairman Democratic
Caucus of the House of Representatives

The following communication was received and read:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 8, 1973
Mr. Glenn W. Ellard, Clerk House of Representatives General Assembly of Georgia State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
This is to certify that Representative George D. Busbee of District 114, Post 1, was duly elected Majority Leader of the Democratic Caucus

MONDAY, JANUARY 8, 1973

57

of the House of Representatives at a meeting of the Democratic Caucus held on the 13th day of November, 1972, at the State Capitol, Atlanta, Georgia.

This certification is submitted pursuant to Rule No. 209 of the Rules of the House of Representatives.

So certified this the 8th day of January, 1973.

Respectfully,

ERL/da

/s/ E. Roy Lambert Chairman Democratic Caucus of the House of Representatives

The following communication was received and read:

HOUSE OF REPRESENTATIVES Atlanta, Georgia

November 10, 1972

Mr. Glenn W. Ellard Clerk of the House of Representatives Third Floor, State Capitol Atlanta, Georgia 30334

Dear Mr. Ellard:

This is to certify that on November 9, 1972, the Republican House members met in caucus at the State Capitol and elected the following Party officers:

Minority Leader: Rep. Michael J. Egan of District 116.

Minority Whip: Rep. Harry C. Geisinger of District 72, Post One.

Minority Caucus Chairman: Rep. Leon Floyd of District 75, Post Two.

Minority Caucus Secretary: Rep. Herbert Jones, Jr. of District 87.

With best regards, I am

Sincerely,

LRF:sbe

/s/ Leon R. Floyd Minority Caucus Chairman

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JOURNAL OF THE HOUSE,

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 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th, Connell of the 80th, Lambert of the 97th, Lane of the 76th, Williams of the 9th, Lee of the 68th, McCracken of the 77th, Floyd of the 5th, Matthews of the 122nd and many 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 for a credit, from funds appropriated by the General Assembly, for the reduction of the amount of funds that each local unit of administration is required to raise to support its Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Appropriations.
HB 2, By Messrs. Busbee of the 114th, Groover of the 75th and Lambert of the 97th:
A Bill to be entitled an Act to provide for the orderly furnishing of re tail electric service to the consumers of the State of Georgia on a terri torial basis; and for other purposes.
Referred to the Committee on Industry.
HB 3. By Mr. Davis of the 85th:
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.
Referred to the Committee on Special Judiciary.
HB 4. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to qualifications and residence requirements of applicants for the Bar Examination, so as to provide that students who are enrolled in the last 2 quarters of the last semester of nationally accredited law schools shall be eligible to stand the Bar examination; and for other purposes.
Referred to the Committee on Judiciary.

HB 5. By Mr. Murphy of the 18th:
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

MONDAY, JANUARY 8, 1973

59

Examination, so as to provide that graduates of nationally accredited law schools shall not be required to stand or pass a Georgia Bar Exami nation ; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 6. By Mr. Murphy of the 18th:
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 lifetime benefits to widows of certain members of the Uniform Division of the Department of Public Safety and certain officers of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on Retirement.

HB 7. By Mr. Murphy of the 18th:
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 purposes; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 8. By Mr. Murphy of the 18th:
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, so as to change the compensation of the special master; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 9. By Mr. Murphy of the 18th:
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 relating to continuing or delaying a hearing be fore the special master; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 10. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examin ing board or commission whose records are maintained by the JointSecretary, State Examining Boards, as amended, so as to require each examining board to apply those Acts retroactively and to promulgate rules and regulations for the administration; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 11. By Mr. Murphy of the 18th:
A Bill to be entitled an. Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Ga. Income Tax, so as to provide an alternative method of computing the income tax liability of married taxpayers who have separate incomes and file joint income tax returns; and for other purposes.
Referred to the Committee on Ways and Means.

HB 12, By Messrs. Snow of the 1st, Hawes of the 43rd, Lee of the 114th, Lam bert of the 97th, Walker of the 100th, Bray of the 66th, Bennett of the 124th, Ployd of the 5th, Cole of the 6th and others:
A Bill to be entitled an Act to amend Code Title 26, the Criminal Code of Georgia, so as to provide that a jury shall not return a verdict of punishment by death in cases against a defendant convicted of murder except under certain circumstances; and for other purposes.
Referred to the Committee on Judiciary.
HB 13. By Messrs. Busbee of the 114th, Floyd of the 5th and Egan of the 25th:
A Bill to be entitled an Act to amend Code Section 27-405, Code Sec tion 38-415, and Code Section 26-401 (a), 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 14. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act providing for the registra tion of trade names, as amended, so as to exclude limited partnerships from its provisions; and for other purposes.
Referred to the Committee on Judiciary.
HB 15. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Section 113-1206, relating to nonresident executors of the will of the deceased citizens of Georgia, so as to provide that where the will nominates an out of State executor or co-executor, the ordinary may relieve the nominated executor from the requirements of giving bond; and for other purposes.
Referred to the Committee on Judiciary.
HB 16. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 26-15, relating to criminal damage to property, so as to provide that any person who shall

MONDAY, JANUARY 8, 1973

61

knowingly, maliciously, or fraudulently cut, alter, or remove any certain boundary tree or other allowed landmark, to the injury of another, shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Judiciary.

HB 17. By Messrs. Harris of the 51st, Russell of the 53rd, Levitas of the 50th and Farrar of the 52nd:
A Bill to be entitled an Act to amend an Act providing for four terms of the Superior Court of DeKalb County, annually, so as to provide for six terms of the Superior Court of DeKalb County annually; and for other purposes.
Referred to the Committee on Judiciary.
HB 18. By Messrs. Floyd of the 5th, Busbee of the 114th, Harris of the 8th, Lane of the 76th, Murphy of the 18th, Buck of the 87fch:
A Bill to be entitled an Act to provide that it shall be unlawful for the State, county, or other political subdivision to charge a tax or fee on persons traveling in air commerce, whether on regularly scheduled com mercial airlines, chartered air flights, or in privately owned aircraft; and for other purposes.
Referred to the Committee on Ways and Means.

HB 19. By Mrs. Hamilton of the 31st, Messrs. Marcus of the 26th, Savage of the 30th, Dean of the 54th, Davis of the 56th:
A Bill to be entitled an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 20. By Mrs. Hamilton of the 31st, Messrs. Marcus of the 26th, Savage of the 30th, Dean of the 54th and Davis of the 56th:
A Bill to be entitled an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 21. By Messrs. Adams of the 36th, Brown of the 89th, Smith of the 74th, Wamble of the 120th, Peters of the 2nd, and others:
A Bill to be entitled an Act to create a Driver License Medical Ad visory Board; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 22. By Messrs. Adams of the 36th, Smith of the 74th, Peters of the 2nd, Brown of the 89th and Matthews of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that certain persons occupying certain motor vehicles shall wear a fastened lap or seat belt at all times such vehicles are in motion; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 23. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Funds, so as to change the time within which a notice must be filed to qualify for disability benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 24. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls; and for other purposes.
Referred to the Committee on State of Republic.

HB 25. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 34-1304, relating to the time for opening and closing polls in primaries and elections, so as to change the time for closing the polls; and for other purposes.
Referred to the Committee on State of Republic.

HB 26. By Mr. Alexander of the 38th:
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 pro vide that no sale of real estate under powers contained in deeds to se cure debt shall be valid unless notice of intent has been mailed by the grantee by certified mail at least 10 days prior to the date of first advertisement; and for other purposes.
Referred to the Committee on Judiciary.

HB 27. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to amend an Act providing for additional investments for municipalities, counties, school districts and other local

MONDAY, JANUARY 8, 1973

63

governmental units, so as to provide for additional investments in certif icates of deposit of certain banks; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 7-27. By Mr. Alexander of the 38th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for compensating inno cent victims of violent crimes; and for other purposes.
Referred to the Committee on Judiciary.

HR 8-27. By Mr. Jordan of the 58th:
A Resolution proposing an amendment to the Constitution so as to provide that once the General Assembly has adopted ten proposed gen eral amendments to the Constitution, the Governor shall be authorized to call a special election at any time before the next general election for the purpose of submitting the amendments to the people; and for other purposes.
Referred to the Committee on State of Republic.

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

HR 9. By Mr. Jordan of the 58th:
A RESOLUTION
Relative to public education; and for other purposes.
WHEREAS, the recent practice of some states prohibiting students from entering public schools after a certain deadline is threatening to disrupt the stability of public education in this country; and
WHEREAS, the date for beginning a new school year varies from state to state and some states will not allow children to enter school after such date has passed; and
WHEREAS, this arbitrary rule is forcing many children to have to stay out of school for long periods of time; and
WHEREAS, this practice is a great hardship on families moving from state to state and is responsible for many school dropouts.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body expresses its unalterable opposi-

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tion to the practice of some states of prohibiting students from entering public schools after a certain deadline and does hereby urge the Con
gress of the United States to consider ligislation stopping this prac tice and providing for stability in public education in this country.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is, hereby authorized and instructed to transmit an appropriate copy of this Resolution to all members of the Georgia Con gressional Delegation.

Pursuant to the provisions of Code Chapter 47-10, as amended, the following communications from the Honorable Ben W. Fortson, Jr., Secretary of State, were received:

SECRETARY OF STATE State Capitol Atlanta 30334

January 8, 1973

Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Dear Mr. Ellard:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearances as of January 8, 1973, 12:30 P.M., being numbers 1 through 104, in accordance with Act
No. 1294 (H.B. 1210), Georgia Laws 1970.

With best wishes, I am

Sincerely your friend,

Enclosure

/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, do hereby certify, that the twenty-six pages of photographed matter hereto attached contain the names and addresses of those persons (num bered 1 through 104) along with the names of the respective persons, firms, corporations or associations they represent, who registered in the Docket of Legislative Appearances for the 1973 Session of the Georgia General Assembly as of January 8, 1973, 12:30 P.M., in accordance with Act No. 1294, Georgia Laws, 1970.

MONDAY, JANUARY 8, 1973

65

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 8th 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-seventh.

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

1. Gene Dyson Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303
2. James W. Lewis Atlanta Freight Bureau 41 Pryor Street, N. E. Atlanta, Georgia 30301
3. James N. Parkman Georgia Business & Industry Assoc. 181 Washington Street, S. W. Atlanta, Georgia 30303
4. Clifford M. Clarke Georgia Business & Industry Assoc. 181 Washington Street, S. W. Atlanta, Georgia 30303
5. Jerry R. Griffin Georgia Municipal Assn., Inc. 501 Fulton Federal Building Atlanta, Georgia 30303
6. Robert Lane N.A.A.C.P., Atlanta Branch 721 Gary Road, N. W. Atlanta, Georgia 30318
7. Bill Hardman Hardman & Stuckey 100 Peachtree Street, N. E. Suite 2547 Atlanta, Georgia 30303
8. Ronald A. Woerner Associated Builders and Contractors, Inc. 165 Sixth Street, N. E. Atlanta, Georgia 30308
9. Bruce H. Milligan Georgia Student Lobby Apartment 14 770 Myrtle Street, N. E. Atlanta, Georgia 30308

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10. Russell B. Childers, Jr. Georgia Student Lobby Apartment 22 2223 Lenox Road, N. E. Atlanta, Georgia 30324
11. Rusty Kidd Medical Association of Georgia 938 Peachtree Street, N. W. Atlanta, Georgia 30309
12. Bruce E. Widener Georgia Utility Contractors Association 6246B New Peachtree Road Atlanta, Georgia 30340
13. Carlton Marlow Registered Agent Himself, Mark Inn's 4678 Fowler Circle Acworth, Georgia 30101
14. Heywood Gay Georgia Electric Membership Corporation P. 0. Box 929 Millen, Georgia 30442
15. Ralph A. Heisel Christian Science Committee for Georgia Healey Building Atlanta, Georgia 30303
16. Dr. DuPree Jordan, Jr. Association of Private Colleges and Universities in Georgia 3330 Peachtree Rd., N. E. Atlanta, Georgia 30326
17. Charles Amos Davis DeKalb County Justices of Peace and Constables Association 2814 E. College Avenue Decatur, Georgia
18. Irene F. Davis DeKalb County Justices of Peace and Constables Association 2814 E. College Avenue Decatur, Georgia
19. James B. Langford, Jr. Georgia Student Lobby 250 Williams Street Apt. 35 Athens, Georgia 30601
20. Mrs. Dorothy Bolden National Domestic Workers Union 52 Fairlie Street Atlanta, Georgia
21. Carl G. Bailey Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309

MONDAY, JANUARY 8, 1973

67

22. Bert H. Hatch Georgia Association of Broadcasters Suite 815 6065 Roswell Road Sandy Springs, Georgia 30328
23. Robert N. Kahn Northside Atlanta Jaycees P. O. Box 18734 Atlanta, Georgia 30326
24. Howard H. Burns Georgia Hearing Aid Society 1411 William Oliver Building Atlanta, Georgia 30303
25. Wallace Baldwin, Jr. American Postal Workers Union P. O. Box 3232 Atlanta, Georgia 30302
26. Joyce Ann Brown American Federation of State, County, and Municipal Employees, AFL-CIO 582 Blake Avenue, S. E. Atlanta, Georgia 30316
27. Mary Anne Whatley Home Builders Association of Metropolitan Atlanta 339 Buckhead Avenue, N. E. Atlanta, Georgia 30305
28. S. Guy Middleton Home Builders Association of Metropolitan Atlanta 1250 Winchester Parkway Suite 200 Smyrna, Georgia 30080
29. Roland Stubbs Home Builders Association of Metropolitan Atlanta 535 Plasamour Drive, N. E. Atlanta, Georgia 30324
30. Harrison Bray Georgia Oilmen's Association 148 Cain Street, N. E. Atlanta, Georgia 30303
31. Troy A. Athon Ga. Nursing Home Association 3250 Memorial Drive Decatur, Georgia 30032
32. Roy J. Nicholson Georgia Professional Barbers Association, Inc. 11 West Wieuca Rd., N. W. Atlanta, Ga. 30342
33. Andy Estes Andy Estes 2459 Roosevelt Highway College Park, Georgia 30337

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34. Ralph H. Witt Atlanta, City of 2614 First National Bank Tower Atlanta, Georgia 30303
35. John D. Prien, Jr. Georgia Society of Professional Engineers Suite 770 1375 Peachtree Street, N.E. Atlanta, Georgia 30309
36. J. W. Bowman, Jr. Georgia Right to Life Committee, Inc. P. 0. Box 49211 Atlanta, Georgia 30329
37. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 Bank of Georgia Building Atlanta, Georgia 30303
38. Hershel W. Farmer Seaboard Coastline Railroad Louisville & Nashville Railroad 1800 First National Bank Tower Atlanta, Georgia 30303
39. Baxter L. Whitaker General Telephone Company of the Southeast 1800 Peachtree Center 230 Peachtree Street, N.W. Atlanta, Georgia 30303
40. Dorothy Tracy League of Women Voters of Georgia 3037 Slaton Dr., N.W. Atlanta, Ga. 30305
41. Richard S. Myrick Myrick Company 618 Equitable Bldg, 100 Peachtree St. Atlanta, Ga. 30303
42. Roger T. Lane Ga. Pharmaceutical Assn. 1 LaVista Perimeter Office Pk. Suite 108 Tucker (Atlanta) Georgia 30084
43. James H. Hudson Eli Lilly & Company 3400 Peachtree Rd., N.E. Suite 1241 Lenox Towers Atlanta, Georgia 30328

44. John B. Scott Forest Park, City of 4144 O'Hara Road Forest Park, Georgia 30050

MONDAY, JANUARY 8, 1973

69

45. E. C. Mitcham, Jr. Georgia Association of Educators 197 Central Avenue, N.W. Atlanta, Georgia 30303
46. Jack W. Houston Georgia Association of Petroleum Retailers, Inc. 833 First National Bank Building Decatur, Georgia 30031
47. Herman Spence Georgia Retail Furniture Association 14G2 Atlanta Merchandise Mart Atlanta, Georgia 30303
48. Thomas H. Carter Legalized Gambling 710 Peachtree Street, N.E. Atlanta, Georgia 30308
49. Thomas C. Watson Independent Bankers . . . Independent Bankers Association of Georgia 348 East Paces Ferry Rd., N.E. Atlanta, Georgia 30305
50. Mrs. Gretta Dewald Registered Agent, Democratic Women of DeKalb, Governor's Commission on the Status of Women, Governor's Commission on Volunteerism 2231 Kodiak Drive, N.E. Atlanta, Georgia 30345
51. Glenn M. Hogan Georgia Hospital Association 92 Piedmont Avenue, N.E. Atlanta, Georgia 30303
52. J. Robert Benton Wine Institute (Southeastern Counsel) Suite 1104 - CCN Building 1001 International Boulevard Atlanta, Georgia 30354
53. Katharine E. Wright Fulton County Republican Women's Club 97 Robin Hood Road, N.E. Atlanta, Georgia 30309
54. Billie F. Smith DeKalb Association of Educators 3816 Norman Road Clarkston, Georgia 30021
55. William Putnam DeKalb Association of Educators 4828 Oakside Drive Stone Mountain, Georgia 30083

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56. Marvin L. Fralish DeKalb Association of Educators 4348 Tucker North Court Tucker, Georgia 30384
57. Lynda S. Riley DeKalb Association of Educators 2182 Allaire Lane Atlanta, Georgia 30345
58. Ted Weldon Atlanta, City of Ted Weldon 3460 Buford Highway, L-6 Atlanta, Georgia 30329
59. Rasha Smith Barbers, Beauticians and Allied Industries International Association 2076 Pawnee Drive Marietta, Georgia 30060
60. S. E. Chalkley Barbers, Beauticians and Allied Industries International Association 1108 32nd Street Columbus, Georgia 31904
61. Kay McKenzie Friends of the River 2930 Habersham Road, N.W. Atlanta, Georgia 30305
62. Barbara Blum Friends of the River 205 River North Drive Atlanta, Georgia 30328

63. Bob Bullington United Transportation Union P. 0. Box 80763 Chamblee, Georgia 30341

64. Eric Holmes, Jr. Petroleum Council of Georgia
161 Peachtree Street, N.E. Atlanta, Georgia 30303

65. William E. Renouf Transamerica Financial Corp. 2781 Northeast Expressway Atlanta, Georgia 30320

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

MONDAY, JANUARY 8, 1973

71

67. Wallie Carpenter Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
68. George Franklin Matthews George Franklin Matthews (Citizens and Taxpayers of Georgia) P. O. Box 474 Church Street Grantville, Georgia 30220
69. Judge G. Sisk National Association of Retired and Veteran Railway Employees, Inc. 390 Lake Dr. Hapeville, Ga. 30354
70. Dorris D. Holmes League of Women Voters 346 Pinetree Drive, N.E. Atlanta, Georgia 30305
71. Elizabeth M. Harman Georgia Women's Political Caucus 52 Wakefield Drive, N.E. Atlanta, Georgia 30309
72. Cynthia W. Hlass Georgia Women's Political Caucus 4041 Payton Woods Drive Tucker, Georgia 30084
73. Bebe Smith National Organization for Women 781 Houston Mill Road, N.E. Apartment 2 Atlanta, Georgia 30329
74. Mrs. James H. Carter American Association of University Women 981 Eulalia Road, N.E. Atlanta, Georgia 30319
75. Ed Hiles Georgia Savings and Loan League 1616 William-Oliver Building Atlanta, Georgia 30303
76. Phil Paradice Georgia Savings and Loan League 1616 William-Oliver Building Atlanta, Georgia 30303

77. Nevin Jones Georgia Association of Educators 197 Central Avenue, S.W.
Atlanta, Georgia 30303

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JOURNAL OF THE HOUSE,

78. Jack K. Acree Georgia School Boards Assn. Sheraton Biltmore Hotel Atlanta, Georgia 30383
79. Don Rooks Georgia School Boards Assn. Sheraton Biltmore Hotel Atlanta, Georgia 30383
80. Ski Bashinski Registered Agent Georgia Independent Auto Dealers Association; Georgia Motorcycle Dealers Assn.; Georgia Funeral Directors Association; Recreational Vehicle Dealers Association of Atlanta Suite 129 3009 Rainbow Drive Decatur, Georgia 30034
81. Herbert H. Mabry AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
82. Martha D. True AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
83. Mrs. Neal Moran DeKalb County League of Women Voters 1802 East Clifton Road, N.E. Atlanta, Georgia 30307
84. Rowanda M. Isaf A. A. U. W., Atlanta Branch 993 Fairfield Drive Marietta, Georgia 30062
85. Charles T. White Georgia Beer Wholesalers Assn. 133 Carnegie Way, N.W. Atlanta, Georgia 30303
86. Raymond L. Hill Georgia Hotel-Motel Assn. 1410 Rhodes Haverty Building Atlanta, Georgia 30303
87. Mrs. Dorothy W. Gibson Georgia Commission on the Status of Women 1646 Mount Paran Road, N.W. Atlanta, Georgia 30327
88. Hill R. Healan Association County Commissioners 1124 Carnegie Building Atlanta, Georgia 30303

MONDAY, JANUARY 8, 1973

73

89. Bill McBrayer Georgia Retail Association 8th Floor, Suite E2 Atlanta Merchandise Mart Atlanta, Georgia 30303
90. F. P. Lindsey, Jr. Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303
91. Harold L. McLain Tallman Drivers School 1332 Euclid Avenue, N. E. Atlanta, Georgia 30307
92. Gregory G. Kergosien The Upjohn Company 1554 North Springs Drive Dunwoody, Georgia 30338
93. Mrs. Mamie Kennedy Taylor Georgia Federation of Business and Professional Women's Clubs 1137 Briarcliff Road, N. E. Atlanta, Georgia 30306
94. Billy George Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303
95. Hulsey A. Bray, Jr. Greater Macon Chamber of Commerce Box 169 Macon, Georgia 31202
96. Robert H. Reid Georgia Electric Membership Corporation Route 1 Smithville, Georgia 31709
97. Tim Glower Georgia Electric Membership Corporation P. 0. Box 897 Douglasville, Georgia 30134
98. Harold Sheats Association County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344
99. John N. Booth Southern Bell Telephone and Telegraph Company 125 Perimeter Center West Atlanta, Georgia 30346
100. James A. Calvin Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303

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101. J. Clifford Johnson Registered Agent of Douglasville, City of, Palmetto, Mayor of 6576 E. Church Street (P. 0. Box 985) Douglasville, Georgia 30134
102. Gwynne D. Maurer Douglasville, City of P. 0. Box 218 Douglasville, Georgia 30134
103. W. T. Hughes, Jr. Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303
104. Joe Andrews Registered Agent, Home Builders Assn. of Ga.; Georgia Retail Jewelers Assn.; Menswear Retailers of Ga.; Georgia Independent Meat Packers Assn.; Georgia Land Development Assn.; Ga. In dustrial Loan Assn.; Mortgage Bankers Assn. of Ga.; Georgia Association of Mineral Producing Industries P. 0. Box 801 Macon, Georgia 31202

Mr. Busbee of the 114th 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 9, 1973

75

Representative Hall, Atlanta, Georgia Tuesday, January 9, 1973.

The House met pursuant to adjournment at 11 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Vernard E. Robertson, District Superintendent of the Valdosta District, United Methodist Church, Valdosta, Georgia:
Almighty and Eternal God, Thou who alone knowest what lies before us this day, grant that in every hour of it we may stay close to Thee.
May these legislators never embark upon any undertaking that is not according to Thy Will for us here, for our State and Nation.
Bless the members of this body as they think and work together in this chamber, in the committee rooms and in their offices. Help them to endure the great demands made upon them and the strains and tensions of their legislative deliberations. Teach them to relax, and turning to Thee, to discover Thy power.
Bestow Thy grace upon the Speaker, the members and the servants of this body. Illumine our minds and direct our thinking that our thoughts and actions may merit Thy Blessing through Jesus Christ our Lord.
Amen.

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

Mr. Mauldin of the 13th, Chairman of the Committee on Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.

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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.

The oath of office was administered to Messrs. Atherton of the 19th, Burruss of the 21st, Noble of the 48th and Vaughn of the 57th by Judge Randall Evans, Jr., of the Georgia Court of Appeals.

Mr. Noble of the 48th requested that the Journal show that he was present on the previous day but that he had arrived too late to be sworn in because of the ice storm.

By unanimous consent, the following Bill and Resolution of the House were introduced, read the first time and referred to the committees:
HR 10-27. By Mr. Northcutt of the 68th: A Resolution compensating Mr. Melvyn R. Williams; and for other purposes.
Referred to the Committee on Appropriations.

HB 28. By Messrs. Hawes of the 43rd and Snow of the 1st:
A Bill to be entitled an Act to amend an Act repealing an Act providing for sentences in criminal felony cases, so as to provide for certain miti gating and aggravating circumstances in cases in which the jury may consider the death penalty; to provide for a review of death sentences; and for other purposes.
Referred to the Committee on Judiciary.

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

HB 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th, Connell of the 80th, Lambert of the 97th, Lane of the 76th, Williams of the 9th, Lee of the 68th, McCracken of the 77th, Floyd of the 5th, Matthews of the 122nd and many 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 for a credit,

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from funds appropriated by the General Assembly, for the reduction of the amount of funds that each local unit of administration is required to raise to support its Minimum Foundation Program of Education; and for other purposes.

HB 2. By Messrs. Busbee of the 114th, Groover of the 75th and Lambert of the 97th:
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; and for other purposes.

HB 3. By Mr. Davis of the 85th:
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 4. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to qualifications and residence requirements of applicants for the Bar Ex amination, so as to provide that students who are enrolled in. the last 2 quarters or the last semester of nationally accredited law schools shall be eligible to stand the Bar examination; and for other purposes.

HB 5. By Mr. Murphy of the 18th:
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 accredited law schools shall not be required to stand or pass a Georgia Bar Exami nation; and for other purposes.

HB 6. By Mr. Murphy of the 18th:
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 Division of the Department of Public Safety and certain officers of the Georgia Bureau of Investigation; and for other purposes.

HB 7. By Mr. Murphy of the 18th:
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

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counsel, so as to change the provisions relative to granting continuances for such purposes; and for other purposes.

HB 8. By Mr. Murphy of the 18th:
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, so as to change the compensation of the special master; and for other purposes.

HB 9. By Mr. Murphy of the 18th:
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 relating to continuing or delaying a hearing before the special master; and for other purposes.

HB 10. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any exam ining board or commission whose records are maintained by the JointSecretary, State Examining Boards, as amended, so as to require each examining board to apply those Acts retroactively and to promulgate rules and regulations for the administration; and for other purposes.

HB 11. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Ga. Income Tax, so as to provide an alternative method of computing the income tax liability of married taxpayers who have separate incomes and file joint income tax returns; and for other purposes.

HB 12. By Messrs. Snow of the 1st, Hawes of the 43rd, Lee of the 114th, Lambert of the 97th, Walker of the 100th, Bray of the 66th, Bennett of the 124th, Floyd of the 5th, Cole of the 6th and others:
A Bill to be entitled an Act to amend Code Title 26, the Criminal Code of Georgia, so as to provide that a jury shall not return a verdict of punishment by death in cases against a defendant convicted of murder except under certain circumstances; and for other purposes.

HB 13. By Messrs. Busbee of the 114th, Floyd of the 5th and Egan of the 25th:
A Bill to be entitled an Act to amend Code Section 27-405, Code Section 38-415, and Code Section 26-401 (a), so as to abolish the right of tha accused in criminal trials to make an unsworn statement; and for other purposes.

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79

HB 14. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act providing for the registra tion of trade names, as amended, so as to exclude limited partnerships from its provisions; and for other purposes.

HB 15. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Section 113-1206, relating to nonresident executors of the will of the deceased citizens of Georgia, so as to provide that where the will nominates an out of State executor or co-executor, the ordinary may relieve the nominated executor from the requirements of giving bond; and for other purposes.

HB 16. 3y Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 26-15, relating to criminal damage to property, so as to provide that any person who shall knowingly, maliciously, or fraudulently cut, alter, or remove any certain boundary tree or other allowed landmark, to the injury of another, shall be guilty of a misdemeanor; and for other purposes.

HB 17. By Messrs. Harris of the 51st, Russell of the 53rd, Levitas of the 50th and Parrar of the 52nd:
A Bill to be entitled an Act to amend an Act providing for four terms of the Superior Court of DeKalb County, annually, so as to provide for six terms of the Superior Court of DeKalb County annually; and for other purposes.

HB 18. By Messrs. Floyd of the 5th, Busbee of the 114th, Harris of the 8th, Lane of the 76th, Murphy of the 18th, Buck of the 87th:
A Bill to be entitled an Act to provide that it shall be unlawful for the State, county, or other political subdivision to charge a tax or fee on persons traveling in air commerce, whether on regularly scheduled com mercial airlines, chartered air flights, or in privately owned aircraft; and for other purposes.

HB 19. By Mrs. Hamilton of the 31st, Messrs. Marcus of the 26th, Savage of the 30th, Dean of the 54th, Davis of the 56th:
A Bill to be entitled an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb; to create a new charter for said city; and for other purposes.

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HB 20. By Mrs. Hamilton of the 31st, Messrs. Marcus of the 26th, Savage of the 30th, Dean of the 54th and Davis of the 56th:
A Bill to be entitled an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; and for other purposes.

HB 21. By Messrs. Adams of the 36th, Brown of the 89th, Smith of the 74th, Wamble of the 120th, Peters of the 2nd, and others:
A Bill to be entitled an Act to create a Driver License Medical Advisory Board; and for other purposes.

HB 22. By Messrs. Adams of the 3'6th, Smith of the 74th, Peters of the 2nd, Brown of the 89th and Matthews of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that certain persons occupying certain motor vehicles shall wear a fastened lap or seat belt at all times such vehicles are in motion; and for other purposes.

HB 23. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Funds, so as to change the time within which a notice must be filed to qualify for disability benefits; and for other purposes.
HB 24. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls; and for other purposes.

HB 25. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 34-1304, relating to the time for opening and closing polls in primaries and elections, so as to change the time for closing the polls; and for other purposes.

HB 26. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act providing for confirmation of sales tinder 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 has been mailed by the grantee by certified mail at least 10 days prior to the date of first advertisement; and for other purposes.

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81

HB 27. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to amend an Act providing for additional investments for municipalities, counties, school districts and other local governmental units, so as to provide for additional investments in certif icates of deposit of certain banks; and for other purposes.

HR 7-27 By Mr. Alexander of the 38th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for compensating in nocent victims of violent crimes; and for other purposes.

HR 8-27. By Mr. Jordan of the 58th:
A Resolution proposing an amendment to the Constitution so as to pro vide that once the General Assembly has adopted ten proposed general amendments to the Constitution, the Governor shall be authorized to call a special election at any time before the next general election for the purpose of submitting- the amendments to the people; 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 Resolution of the House, to-wit:
HR 2. By Messrs. Smith of the 91st, Murphy of the 18th and Busbee of the 114th: A Resolution to notify the Governor that the General Assembly has convened.
The President has appointed as a Committee of Escort the following Senators: Lester of the 23rd, Smith of the 34th, Smalley of the 28th, Salter of the 17th, Eldridge of the 7th, Sutton of the 9th, Smith of the 34th, and Parker of the 31st.

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

HB 4. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 9-103 relating to qualifications and residence requirements of applicants for the Bar Examination; and for other purposes.

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

HR 11. By Messrs. Buck and Pearce of the 87th, Berry of the 86th and others:
A RESOLUTION
Commending Mr. Haywood Jones; and for other purposes.
WHEREAS, Mr. Haywood Jones has recently retired from the Muscogee County Sheriff's Department after a decade of serving as the Chief Deputy of the Sheriff's Department; and
WHEREAS, Chief Jones spent over forty-five years in law enforce ment; and
WHEREAS, he has served the State and his community in several law enforcement capacities, as a member of the Georgia State Patrol, as Chief of the old Muscogee County police force, and as Chief Deputy of the Sheriff's Department; and
WHEREAS, he returned to law enforcement in 1961 to help re organize the Muscogee County Sheriff's Department and has seen that department grow to its present strength; and
WHEREAS, it is only fitting and proper that Mr. Haywood Jones be commended for his outstanding service to the State of Georgia and the people of Muscogee County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Haywood Jones for his many years of outstanding service and contributions to the law enforcement field and for his numerous other achievements.
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. Haywood Jones.

HR 12. By Mr. Smith of the 91st:
A RESOLUTION
Expressing appreciation for a dinner at the Institute for Legislators; and for other purposes.
WHEREAS, during the Eighth Institute for Georgia Legislators at the Center for Continuing Education in Athens, Georgia, some of the outstanding businessmen of the City of Athens were most gracious hosts at a dinner for the Legislators in attendance at the Institute; and

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WHEREAS, the dinner and fellowship were most enjoyable and these civic-minded citizens of Athens are to be commended for this event.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Mr. T. H. Milner, Jr., President, First Na tional Bank of Athens, Mr. Julius F. Bishop, President, Athens Federal Savings and Loan Association, Mr. H. H. Robinson, President, Ciarke Federal Savings and Loan Association, Mr. J. Frank Stainback, Jr., Presi dent, First American Bank and Trust Company, Mr. Dunbar Harrison, Vice-President, Citizens and Southern National Bank, and Mr. Ben Burton, Vice-President, Georgia Power Company are hereby extended the sincerest appreciation of all the members of this body for the wonder ful dinner hosted by these outstanding citizens of Athens.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each of the abovenamed individuals.

HR 13. By Messrs. Smith of the 91st and Matthews of the 62nd:
A RESOLUTION
Commending the Institute of Government at the University of Geor gia; and for other purposes.
WHEREAS, the Eighth Institute for Georgia Legislators was held December 10-12, 1972 at the Georgia Center for Continuing Education in Athens; and
WHEREAS, this Institute was more successful than any which had previously been held, mainly due to the planning and programming by the Institute of Government; and
WHEREAS, Dr. M. W. H. Collins, Jr., Director, Institute of Govern ment, and Mr. Harold L. Holtz, Administrator of Governmental Training, Institute of Government, were the guiding hands in making the Institute the success that it was; and
WHEREAS, the newly elected members of the General Assembly have been particularly vocal in their praise for the knowledge imparted to them at the Institute.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed to the Institute of Government, University of Georgia, and Dr. M. W. H. Collins, Jr. and Mr. Harold F. Holtz are hereby commended for their outstanding effort and achievement in administering such a successful Institute for Georgia Legislators.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Dr. Collins and Mr. Holtz.

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HE 14. By Messrs. Buck and Pearce of the 87th, Berry of the 86th and others:

A RESOLUTION

Expressing regrets at the passing of the Honorable J. Gordon Young; and for other purposes.

WHEREAS, on August 19, 1972, the State of Georgia and the City of Columbus, Georgia, lost one of its finest citizens in the passing of the Honorable J. Gordon Young; and

WHEREAS, he served three terms in the Georgia General Assembly from 1953' to 1958, and was a member of the Charter Commission of the Columbus consolidated government; and

WHEREAS, he began the practice of law in 1952 and had a distin guished career in the legal profession, having served as president of the Columbus Lawyers Club for the year 1971-72; and

WHEREAS, he was prominent in the religious, civic and public affairs of his community and was a former deacon in the First Baptist Church; and

WHEREAS, he was a past president of the Columbus Junior Cham ber of Commerce, and was honored as "Young Man of the Year" in 1938; and

WHEREAS, he was active in the DeMolay Organization and received the Legion of Honor Degree in 1934; and

WHEREAS, he was dedicated to a life of involvement in civic and pttblic affairs, and his passing will be a great loss to the citizens of Columbus and the entire State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and most sincere regrets at the passing of the Honorable J. Gordon Young.

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. Alice McCormick Young.

SR 3. By Senators London of the 50th, Coggin of the 35th, Gillis of the 20th and Holly of the 22nd:
A RESOLUTION
To notify the House that the Senate has convened; and for other purposes.

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85

BE IT RESOLVED BY THE SENATE that the Secretary of the Senate is hereby instructed to notify the House that the Senate has con vened in regular session, has organized by the election of Honorable Hugh M. Gillis, Sr. of the 20th District as President Pro Tempore and Honorable Hamilton McWhorter, Jr. of Oglethorpe County as Secretary, and is now ready for the transaction of business.

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

HR 5. By Messrs. Smith of the 91st, Murphy of the 18th and Busbee of the 114th:
A Resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The President has appointed as a committee to notify the Governor the following Senators: Holloway of the 12th, Holley of the 22nd, Smith of the 34th, Carter of the 14th, Riley of the 1st, Johnson of the 38th, and Jackson of the 16th.

Pursuant to HR 5, 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, was called to order by the President of the Senate.

The Resolution providing for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, Governor Carter appeared upon the floor of the House.
Lieutenant Governor Lester G. Maddox presented Governor Jimmy Carter who delivered the following address:
Lt. Governor Maddox, Speaker Smith, members of the Georgia Senate and House of Representatives and my fellow Georgians.
This is a time for a frank assessment of what we have done, what Georgia is now, and what we must do. I have reviewed the State of the State messages of 1971 and 1972, and can tell you that we have made great progress in the last two years.

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In spite of frequent hard fought legislative battles brought on by
courageous willingness to face difficult decisions, the decisions have ultimately been the right ones for Georgia.

We are one of the few states which has successfully reapportioned state and federal legislative districts. Along with this the House voted
to reduce its own membership, an extraordinary achievement!

The executive reorganization has been directed by you and imple mented far beyond my fondest expectations. As was promised, this long and complicated process will be completed before the end of my own
term in office.

An excellent narcotics treatment program is now functioning, and federal agencies have described our family planning efforts as the best in the nation.

We now collect and invest state funds on the basis of business and not politics.

In 1969, for instance, state funds were invested after a delay of 5-7 days at 3% interest. Now within two days after collection we are realiz ing 5%% an increase of 2 1/4%. All this in spite of 1%% lower interest rates prevailing now in the national economy. This results in an in creased annual return to the state of more that $4% million. I believe that even Georgia's bankers appreciate this improvement.

Our state tax structure has been adequately balanced through revi sions in the fuel tax and income tax codes, and when we implement the package of 1972 laws, a continuing fair and equitable property assess ment for ad valorem taxation will be assured.

Although the Department of Human Resources is still being organ ized, I can give you some specific indications of progress in the last two years: 5000 retarded children and adults receive daily training in their own communities; more than 10,000 preschool children attend child development centers so their mothers can work; the number of women in our voluntary family planning program has doubled, and I expect it to triple again in the next two years; 250 mental patients have been moved from institutions to foster homes; 6000 welfare recipients receive vocational rehabilitation services, and 1600 are in our work incentive program to make them wage earners instead of wards of the state.

We have levelled off the increase in our welfare rolls. Our latest monthly report revealed that for the first time in five years we experi enced an actual reduction in our welfare rolls.

In some programs a statewide effort has become necessary to re place abruptly terminated federal funds under Title IV-A and Title XVI, as in the vital and highly beneficial services for retarded children. Pov erty stricken elderly citizens have lost their source of food, and work counseling for discharged prisoners was cancelled.

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87

I am particularly proud of what has been done in education. Early childhood development programs in 45 systems now serve 3,915 small children, providing diagnostic and treatment services for those with physical and metal afflictions and kindergartens for 5-year-olds. Special education is now reaching 65,000 slow learners out of a total of 166,000. Thirty-five new comprehensive high schools have been established in the last two years. Superintendent Nix reports that the number of students being reached by our new remedial reading programs has increased from zero to 200,000--approaching the total number of those who need this service. Programs for the gifted are established in 69 of the 188 school systems. The first statewide testing program in history has been admin istered to all of the 228,000 students in grades 4, 8, and 11.

In natural resources we have doubled the production of warm water fish for stocking, and this month a contract will be let on our new Chattahooehee trout hatchery which will produce 500,000 catchable trout annually--again more than doubling the state's capacity. Biologists are now available statewide to manage public lands and waters and to provide individual assistance to landowners. Two years ago there was no training program for game and fish personnel, but now every enforcement officer has completed courses in law enforcement, conservation, boating safety, gun safety, and first aid. The university system is providing 25,000 man hours of training each year. You may be interested in knowing that, for example, deer poaching arrests have increased by more than 100%, and hunting by over 30%. We have undertaken a massive restocking pro gram for wild turkeys as was done for deer several years ago.

I will not comment now on all the other achievements of this depart ment, but I would like to thank you for the substantial completion of an
adequate package of pollution control bills, which are being enforced firmly and with enthusiasm within a single state agency.

Listen to this: Over 500 million gallons of waste, untreated two years ago, are now meeting purification standards. This is % of the total ef fluent discharge in the state. With one single exception every major industry in Georgia has waste treatment meeting standards either in operation or actually under construction.

Before my term is completed, ever major city will meet water quality standards and every major air pollution source will be in compliance with state and federal standards, with one major exception who I expect will soon be paying a penalty of $500 each day.

We are now moving aggressively to enforce the nation's best, solid waste management act which you passed last year.

With your help, our highway department has embarked on a state wide passing lane and four-laning effort on roads to connect trade centers, has issued bonds for urban construction, has given cities the right to contract directly for road improvements, has expedited right-of-way acquisition to remove this major stumbling block and has initiated a predictable planning process and allocation formula system for distrib uting highway funds. You now have granted toll road authority to the state, and the program has begun.

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These procedures plus a rapid implementation of departmental re
organization have permitted the establishment of a new regional office in Atlanta, a round-the-clock hot line system, service trucks on heavily travelled freeways and more than 80% increase in highway lettings over
the last two years with less than 5% increase in personnel.

In spite of a nationwide economic setback, Georgia last year had the second highest industrial growth we've ever seen. The news this morn ing reported Georgia construction up 23% over a year ago. Tourism receipts increased more than 10%, and a major new tourist attraction was opened. We have pursued aggressively the development of our state as an international trade center, and we are especially proud of our foreign consulates which have recently been established in Atlanta. We are hopeful for two more this year, and only last week a representative of the Australian government visited me here to inquire about the establishment of a consular office to represent his government in the Southeast. Several of these foreign officials are here today, and they are certainly welcome to our state and to the center of our government. With them comes trade, new factories and jobs and other direct benefits to Georgia people.
I wish I had time to describe in detail the progress being made in the departments headed by Comptroller General Johnny Caldwell, Secretary of State Ben Fortson, Attorney General Arthur Bolton, General Joel Paris, Chancellor George Simpson, Director Pete Wheeler, and Com missioners Ray Pope, Tommy Irvin, John Blackmon, Sam Caldwell (who has worked with me this past year on the OSHA legislation), and my friend Ray Shirley. Their annual reports and your own daily observa tions will insure their proper recognition.

There is one other department I would like to mention specifically because its progress has been extraordinary and its purpose so widely misunderstood. The rehabilitation of criminals is an important and dif ficult process. We need quick arrests, expeditious and just trials, and fair and uniform sentencing. Then comes an even more difficult chal lenge--to protect the public from a convicted offender, during and after his sentence. Just a few month ago 71% of our prisoners could be ex pected to return to prison. This is bad enough for him and his family, but even worse for his victims. Each crime committed after a sentence is imposed is a direct reflection on the effectiveness of our probation, prison and parole system. Now all are working together in a new de partment. The quality of employees is being improved through estab lished training programs in which 882 are now enrolled--more than 45,000 hours of instruction just this year. Two hundred of these employ ees are in college with 82 in a masters level program.

The prison population has already been reduced by 700.

Within the last year we have begun a full time psychiatric program, an effective prison drug treatment service, a professional counselor in every prison, fulltime education programs for inmates in ten institu tions, four new vocational-technical programs, and full college programs at four institutions. We are trying to prepare prisoners to return to my and your neighborhoods and support themselves in a job and not a life of crime. Closely controlled programs in early release and work release

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89

are operating routinely. Of 955 prisoners granted brief holiday furloughs, 100% returned without any trouble. If you want to obtain accurate in formation about the progress and the problems, visit the prisons or talk to someone who has. We are building up a professional competence we've never had before. There is a no-nonsense system to give inmates a new chance in life. Now we run the prisons. The inmates don't.

Now for a few words about the future.

We probably have the poorest consumer protection laws in the na tion, and up until this time we have not been willing or able to protect the public and the honest businessman of Georgia from unscrupulous dealers in money, stock and goods. Our state has become a dumping ground for these shysters who have congregated here because it is no longer legal for them to operate in other states.

Three bills have been drafted after laborious work by legislators, consumer groups, business and professional leaders, and our own Sec retary of State, Attorney General, and Commissioner of Banking and Finance. It is moderate, clear, and adequate. As a businessman, I can assure you that these proposals are properly balanced between the creditor and the debtor and will permit adequate sale of worthy stocks.

For seventy years, efforts have been made to strengthen our judicial system, but without appreciable successes. Last year a series of proposals were presented by a commission of legislators, judges, district attorneys, and lawyers. Thirteen bills are being introduced this year to give our courts the effectiveness they need and to balance the scales of justice
between the victim and the accused. Our people need and demand this legislative action. We must restore their confidence in our system of justice.

I have already outlined some of the progress made in education. As you know, the federal pay board has indicated that a full 12 & Vz% salary increase will be approved for our teachers. We must continue
steady progress in the future. But we have now developed a very serious problem. The 1964 minimum foundation law was designed by me and many of you to provide equal educational quality to children throughout Georgia. As you know, required local effort is the equalizing factor.

It was a great improvement then, but its failure has now become evident. There is a gross disparity in educational quality among the school systems of our state because so much necessary education is not covered by the minimum program. Systems levy from 1 mill to 19 mills
for enrichment programs, and what is even worse, a mill is worth 9 times as much per child in the rich school districts. This can be corrected by expanding the statewide program and also by equalizing the oppor tunity for local districts to enrich this minimum effort.

We are proposing both steps to you. It is a complicated subject
which I will discuss more fully in my budget message later this week. But I want to make one point now:

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There is just so much money in prospect for education over the next five years, and much of it must be spent on normal growth and teacher salary increases. Under the present tax system, this probably leaves about $250 million for improved students' programs, or roughly $50 million in new funds per year. This is not much, and even this small amount hangs by a thread. Let me give you an example: Local required effort or "chargeback" now amounts to about 4.6 mills. If this is frozen at 4.6 mills, the improvements I have outlined can be made in five years. If the present dollar amount of chargeback is frozen, the same improve ments would take thirteen years. If local required effort is reduced, as has been proposed, we will have to raise state taxes just to keep educa tional quality where it is now.

We all want to lower property taxes statewide, and we will, but I am not willing to rob Georgia's school children to do it!

Let's talk about property taxes. Everyone else is. Or better still, let's reduce them for the first time since the state quit depending on them for its income. But let us consider carefully how it should be done.

After studying the proposition all year long with legislators and local government leaders, we have decided that a double approach would be best to lower the $500 million ad valorem tax load.

First is to relieve local governments of the responsibility for financ ing services they provide to local citizens. In such fields as welfare, edu cation, health, forest fire protection, pollution control, solid waste dis posal, and police officer training we can provide more than $73 million in financing without any state tax increase. Also, $180 million of federal revenue sharing is coming to local governments by the end of the next fiscal year, and about $75 million annually after that. Now hear this: the two sums together amount to about $150 million annually, a sub stantial part of which may be used by local governments for property tax relief. Notice that the decision is a) optional with the local officials and b) must be granted across the board to homeowners, timber com panies, corporations, and utilities. I favor this, but at the same time we must recognize that in this tax relief to local governments:
1) The tax relief is not guaranteed;
2) The tax relief is not immediately effective; and
3) The tax relief is not aimed at the average Georgian.

The second approach to lowering property taxes becomes obvious. We need a guaranteed, immediately effective, additional reduction for the average Georgian who needs it most. The only feasible method is to let local officials continue to exercise their constitutional right to levy prop erty taxes to meet local needs, and out of state funds to return 20% of the ad valorem taxes paid on one's dwelling place. This can be done easily and without a state tax increase by a credit or rebate at the time state income taxes are paid. A limit of $75 is necessary to stay within the $50 million available.
Some opponents of tax relief for homeowners say it is a giveaway program for poor folks. Is it a giveaway program to refund property tax

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to the Georgian who paid it? We had better remember who elected us and who pays our salaries! With a $75 limit, who gets the full 20% property tax refund ? How many of you live on a homestead worth more than $36,250? How many of you pay more than $312.50 rent each month? You are the only ones who will bump your heads on the $75 limit. Other Georgians will receive the full 20% reduction, including the small farmer who lives in a $10,000 home on 100 acres of land.

I urge you to be cautious about rapid passage of optional, delayed, across-the-board tax relief until you have studied the entire budget pro posal and talked to your average taxpayers back home. Under the House Bill 1 plan already introduced, which would greatly benefit large peanut farmers the tax reduction to homeowners would be quietly sliced in half.

Another tax proposal which deserves your attention is necessary to meet special or peculiar local needs. That is the optional 1% income tax tied to a mandatory property tax reduction. This is simple, suitable for most local communities, and will provide sufficient local option financing for the foreseeable future.

There are several other matters of importance for you to consider.

We need to protect geographical areas of critical concern, including scenic rivers, marshlands, and flood plains.

We need to extend our law to protect groundwater supplies.

We must devise a way to protect neighborhood homes from destruc tive and shortsighted rezoning decisions and yet preserve the authority of responsible local officials. Homes must not be wiped out to provide a fat profit for influential land speculators.

We are building- too many hospital beds in some communities and not enough in others.

Our local boards of health and welfare should be combined and revitalized. Some of them have not met for two years.

We have 1972 constitutional amendments to implement concerning student aid, general obligation bonds, and expansion of the pardon and parole board, and we will consider a federal constitutional amendment providing equal rights for women.

The members of our Division of Investigation and our state patrol men must be given at least the arrest powers now enjoyed by revenue agents, game and fish rangers, and prison guards.

You can see that we shall have a busy and a fruitful session.

Georgians can be proud of what has been accomplished. I pray that we might work together in harmony and with courage and fairness to give our people the fine government which they need and deserve.

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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 would be in recess until 5:00 o'clock, P.M.

The Speaker called the House to order.

The following communications were received and read:
HOUSE OF REPRESENTATIVES Atlanta
January 9, 1973
Honorable Dorsey Matthews Chairman Agriculture & Consumer Affairs Committee State Capitol Atlanta, Georgia
Dear Dorsey:
This is to advise you that I am appointing Representative Jack Irvin, District 10, to the sub-committee of Poultry Matters of the STATE INSTITUTIONS AND PROPERTY COMMITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS:eph CC: Honorable Glenn W. Ellard, Clerk of the House

TUESDAY, JANUARY 9, 1973

93

HOUSE OP REPRESENTATIVES Atlanta

January 8, 1973

Honorable Dorsey Matthews Chairman
Agriculture & Consumer Affairs State Capitol Atlanta, Georgia

Dear Dorsey:

This is to advise you that I have placed Representative Jack Irvin, District 10th on the Poultry Matters sub-committee of the ARGICULTURE & CONSUMER AFFAIRS COMMITTEE.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLSreph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 9, 1973
Honorable Dorsey Matthews Chairman Agriculture & Consumer Affairs Committee State Capitol Atlanta, Georgia
Dear Dorsey:
This is to advise you that I am appointing REPRESENTATIVE ROBERT L. PATTEN, District 124, as a member of the sub-committee Poultry Matters of the STATE INSTITUTIONS & PROPERTY COM MITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

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HOUSE OF REPRESENTATIVES Atlanta

January 9, 1973

Honorable Dorsey Matthews Chairman Agriculture & Consumer Affairs Committee State Capitol Atlanta, Georgia

Dear Dorsey:

This is to advise you that I am appointing Representative James Keyton to the AGRICULTURE & CONSUMER AFFAIRS COM MITTEE.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLS:eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 9, 1973
Honorable Hines Brantley Chairman Legislative & Congressional Reapportionment State Capitol Atlanta, Georgia
Dear Hines:
This is to advise you that I am removing REPRESENTATIVE JAMES W. KEYTON FROM THE LEGISLATIVE & CONGRESSION AL REAPPORTIONMENT COMMITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

TUESDAY, JANUARY 9, 1973

95

HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable Thomas B. Buck, III Chairman, Retirement Committee State Capitol Atlanta, Georgia
Dear Tom:
This is to advise you that I am placing Representative Howard Rainey on the RETIREMENT COMMITTEE.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Honorable Floyd Harrington Chairman, Human Relations State Capitol Atlanta, Georgia
Dear Floyd:
This is to advise you that I am placing Representative Robert L. Harrison on the HUMAN RELATIONS COMMITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

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HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable Chappelle Matthews Chairman, University System of Georgia Committee State Capitol Atlanta, Georgia
Dear Chappelle:
This is to advise you that I am adding Representative Bobby Carrell, District 71, to the UNIVERSITY SYSTEM OF GEORGIA COM MITTEE.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Honorable Howard Rainey Chairman, Recreation Committee State Capitol Atlanta, Georgia
Dear Howard:
This is to advise you that I am removing Representative Bobby Carrell, District 71, from the RECREATION COMMITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

TUESDAY, JANUARY 9, 1973

97

HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable Hines Brantley Chairman Legislative & Congressional Reapportionment State Capitol Atlanta, Georgia

Dear Hines:

This is to advise you that I am removing Representative Robert L. Harrison from the LEGISLATIVE & CONGRESSIONAL REAP PORTIONMENT COMMITTEE.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLS:eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Honorable Clarence Vaughn Chairman, Highways Committee State Capitol Atlanta, Georgia
Dear Clarence:
This is to advise you that I am today removing Representative Lamar Northcutt from the Standing Committee of Highways.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS:eph CC: Honorable Glenn W. Ellard, Clerk of the House

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HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable James "Sloppy" Floyd Chairman, Appropriations Committee State Capitol Atlanta, Georgia
Dear Sloppy:
This is to advise you that I am today placing Representative Lamar Northcutt on the APPROPRIATIONS COMMITTEE.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLS:eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Honorable Clayton Brown Chairman, Health and Ecology Committee State Capitol Atlanta, Georgia
Dear Clayton:
This is to advise you that I am removing Representative Phillip Brown from the HEALTH AND ECOLOGY COMMITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

TUESDAY, JANUARY 9, 1973

99

HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable J. R. Smith Chairman, Motor Vehicles Committee State Capitol Atlanta, Georgia

Dear J. R.:

This is to advise you that I am today placing Representative Phillip Brown on the MOTOR VEHICLES COMMITTEE.

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

GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Honorable Dorsey Matthews Chairman, Agriculture & Consumer Affairs Committee State Capitol Atlanta, Georgia
This is to advise you that I am removing Representative Marvin Adams from the AGRICULTURE & CONSUMER AFFAIRS COM MITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS:eph CC: Honorable Glenn W. Ellard, Clerk of the House

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HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable A. B. C. Brad Dorminy Chairman, Natural Resources Committee State Capitol Atlanta, Georgia
Dear Brad:
This is to advise you that I am placing Representative Marvin Adams on the NATURAL RESOURCES COMMITTEE.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Honorable James "Sloppy" Floyd Chairman, Appropriations Committee State Capitol Atlanta, Georgia
Dear Sloppy:
This is to advise you that I am removing Representative Howard Rainey from the APPROPRIATIONS COMMITTEE.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

TUESDAY, JANUARY 9, 1973

101

HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable Howard Rainey Chairman, Recreation Committee State Capitol Atlanta, Georgia
Dear Howard:
This is to advise you that I am placing Representative Dick Lane on the RECREATION COMMITTEE.

Sincerely,

/a/ Geo. L. Smith II Speaker

GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Howard Crawford Ware Chairman, Defense & Veterans Affairs State Capitol Atlanta, Georgia
Dear Crawford:
This is to advise you that I am placing Representative H. Norwood Pearce on the DEFENSE AND VETERANS AFFAIRS COMMITTEE and on the sub-committee of Military Affairs, Secretary.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

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HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable Clarence Vaughn Chairman, Highways Committee State Capitol Atlanta, Georgia

Dear Clarence:

This is to advise you that I am removing Representative H. Norwood Pearce from the HIGHWAYS COMMITTEE and the State Highway System sub-committee.

Sincerely,

/s/ Geo. L. Smith II Speaker

GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

HOUSE OF REPRESENTATIVES Atlanta
January 8, 1973
Honorable Crawford Ware Chairman, Defense & Veterans Affairs Committee State Capitol Atlanta, Georgia
Dear Crawford:
This is to advise you that I am removing Representative Dick Lane from the DEFENSE & VETERANS AFFAIRS COMMITTEE and also the Military Affairs-Secretary sub-committee.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS:eph CC: Honorable Glenn W. Ellard, Clerk of the House

TUESDAY, JANUARY 9, 1973

103

HOUSE OF REPRESENTATIVES Atlanta

January 8, 1973

Honorable Carlton Colwell Chairman, State Institutions & Property Committee State Capitol Atlanta, Georgia

Dear Carlton:

This is to advise you that I have added Representative Morris W. Ellis to the State Ports sub-committee of the STATE INSITUTIONS & PROPERTY COMMITTEE.

Sincerely,

/a/ Geo. L. Smith II Speaker
GLS:eph
CC: Honorable Glenn W. Ellard, Clerk of the House

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 16. Do Pass. HB 14. Do Pass. HB 15. Do Pass, as Amended
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Busbee of the 114th 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 Wednesday, January 10, 1973

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. Bob L. Bone, Pastor, First United Methodist Church, Barnesville, Georgia:
Almighty God, Who art always more ready to hear our prayers than we are to pray and Who wants to give us more than we ask or deserve, answer our prayer for these legislators who have convened for this session.
Bless the Speaker and those who serve here with him. Give them wisdom, integrity, courage and faithfulness in the performance of their duties.
We offer prayers of thanksgiving for our representative form of government. For all blessings, temporal and spiritual, which we receive from Thee, make us duly thankful.
Give us, we pray, great ambitions according to Thy will. Help us to do all of life's business with moral dignity and with a conscienceness of integrity before Thee, knowing that our purpose is true and our design wholly honorable in Thy sight. Give us a right view of things and the courage to do each day those things which ought to be done.
Save us from despair, deliver us in temptation, guard us in danger, keep our feet from falling and our souls from death. Cause us to know that righteousness exalteth a nation, but sin is a reproach to any people.
From Thy Word and from the past cause us to know that Thou dost require that we do justly, love mercifully and walk humbly with Thee. May Thy Word which is truly freedom's Holy Light shine brightly in our midst and may our lives be in accord therewith.
Enable these leaders and all of us to find the bridge of Thy own building over all the troubled waters of our day. In Thy name we pray our prayer.
AMEN
The oath of office was administered to Mr. Blackshear of the 106th by Judge Randall Evans, Jr., of the Georgia Court of Appeals.
By unanimous consent, the call of the roll was dispensed with.

WEDNESDAY, JANUARY 10, 1973

105

Mr. Mauldin of the 13th, Chairman of the Committee on 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 29. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relative to the county clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 30. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act providing an annual salary for the sheriff of Wheeler County in lieu of the fee system of compensation, so as to change the provisions relative to the salary of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 31. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act providing for the yearly compensation for the Ordinary of Wheeler County, in addition to fees, so as to provide for a clerk for said Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 32. By Mr. Rush of the 104th:
A Bill to be entitled an Act to provide for the compensation and allowances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.

HB 33. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to change the pro visions relative to the consolidation of actions involving a common question of law or face; and for other purposes.
Referred to the Committee on Judiciary.

HB 34. By Mr. Berlin of the 89th: A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act", so as to change the penalty provisions of such Act; and for other purposes.
Referred to the Committee on Industry.
HB 35. By Mr. Berlin of the 89th: A Bill to be entitled an Act to repeal Code Section 46-805, relating to assent of officials of state government and its subdivisions as a prerequisite to judgment in garnishment; and for other purposes.
Referred to the Committee on Judiciary.

HB 36. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the public schools, so as to provide military service credit to any person who was on active duty in the armed forces of the U. S. during the Vietnam War; and for other purposes.
Referred to the Committee on Retirement.

WEDNESDAY, JANUARY 10, 1973

107

HB 37. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as "The Georgia Criminal Justice Act", so as to clarify the criminal proceedings in which indigent persons shall be afforded representation; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 38. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend Title 7 of the Code of Georgia of 1933, as amended, relating to common law and statutory arbitration, so as to establish a Uniform Arbitration Law in the State and for other purposes.
Referred to the Committee on Special Judiciary.

HB 39. By Messrs. Hutchinson of the 114th, Hawes of the 43rd, Jones of the 109th, Wheeler of the 127th, Wamble of the 120th, Chance of the 112th and Farrar of the 52nd:
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; and for other purposes.
Referred to the Committee on Insurance.

HB 40. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 109A-7-209, re lating to lien of warehousemen, so as to provide for the effective ness of a warehouseman's lien on household goods for charges and expenses in relation thereto; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 41. By Messrs. Hudson of the 115th and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Nursing Homes, so as to authorize the Board to adopt rules and regulations; to authorize the Board to establish, provide or approve various education programs or courses for nursing home administrators; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 42. By Messrs. Lane of the 40th and Stephens of the 37th:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to provide that the date

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of the general election shall be observed as a public and legal holiday in the State; and for other purposes.
Referred to the Committee on State of Republic.

HB 43. By Messrs. Lane of the 40th and Stephens of the 37th:
A Bill to be entitled an Act to amend Code Chapter 34-12, relating to voting machines and vote recorders, so as to require the governing authority in each county utilizing voting machines to designate a machine in each election district to be used only by disabled and elderly persons; and for other purposes.
Referred to the Committee on State of Republic.
HB 44. By Mr. Colwell of the 4th:
A Bill to be entitled an Act to amend Code Section 59-101, relating to jury commissioners, so as to provide that the board of jury com missioners shall be composed of not less than three nor more than six discreet persons; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 45. By Mr. Colwell of the 4th:
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 at least biennially, or if the judge of the superior court shall direct, the board of jury commissioners shall compile and maintain and revise a jury list of intelligent and upright citizens of the county to serve; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 46. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to the coverage of tax commissioners, tax collectors or tax receivers under the Employees' Retirement System; and for other purposes.
Referred to the Committee on Retirement:

HB 47. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend Code Section 59-106, relating to revision of jury lists and the selection of grand and traverse jurors, so as to provide that in composing the jury lists, the board of jury com missioners shall use the official registered voters' list; and for other purposes.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 10, 1973

109

HB 48. By Messrs. Morgan of the 70th, Vaughn of the 57th, Harris of the 51st and Roach of the 8th:
A Bill to be entitled an Act to amend Code Section 24A-301, relating to jurisdiction over juveniles, so as to provide that the juvenile court shall have exclusive original jurisdiction and shall be the sole court for initiating action concerning any child whose custody is the subject of controversy; and for other purposes.
Referred to the Committee on Human Relations.

HB 49. By Messrs. Lane of the 40th, Ellis of the 107th, Hudson of the 115th, Bostick of the 123rd, Noble of the 48th, Adams of the 36th, Colwell of the 4th, Dent of the 78th and Peters of the 2nd:
A Bill to be entitled an Act to regulate the primitive detective and private security business in this State; and for other purposes.
Referred to the Committee on Industry.

HB 50. By Messrs. Savage of the 30th, McKinney of the 35th, Blackshear of the 106th, Daugherty of the 33rd, Dean of the 54th and Stephens of the 37th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for the im plementation of a program of education for preschool children; and for other purposes.
Referred to the Committee on Education.

HB 51. By Messrs. Savage of the 30th, Brown of the 67th, Hays of the 1st, Triplett of the lllth, Irvin of the 23rd, McKinney of the 35th and Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 88-2603, relating to the power and duties of the Board of Human Resources in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in cer tain incorporated communities; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 52. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorists' coverage, so as to renumber and redesignate subsection (h) of said Code Section as enacted by said 1971 amenda tory Act; and for other purposes.
Referred to the Committee on Judiciary.

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HB 53. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to provide for the service of summons by publication in certain cases involving claims for injuries or damages resulting from motor vehicle collisions; and for other purposes.
Referred to the Committee on Judiciary.

HB 54. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Title 93, relating to the Public Service Commission, so as to create the Office of Public Coun selor ; to provide for a Public Counselor; and for other purposes.
Referred to the Committee on Industry.

HB 55. By Messrs. McCracken of the 77th, Floyd of the 5th and Greer of the 43rd:
A Bill to be entitled an Act to amend an Act, relating to a health in surance plan for State employees, so as to increase the maximum per missible participation and contribution in the health insurance plan; and for other purposes.
Referred to the Committee on Insurance.

HB 56. By Messrs. Shanahan of the 7th, Lee of the 114th, Ross of the 72nd, Bohannon of the 64th, McCracken of the 77th, Greer of the 43rd, Har ris of the 51st and Dixon of the 126th:
A Bill to be entitled an Act to amend Code Title 105, relating to torts, so as to create a new Code Chapter 105-13A, relating to injuries to the person and to property resulting from motor vehicle collisions; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 57. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th, Mrs. Hamilton of the 31st, Messrs. Knight of the 65th and Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide a special as sistance fund for certain local units of administration; and for other purposes.
Referred to the Committee on Education.

WEDNESDAY, JANUARY 10, 1973

111

HB 58. By Messrs. Harrington of the 93rd, Roach of the 8th, Parrar of the 52nd and Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to remove the provision relative to age in connection with retirement with 35 years' service; and for other purposes.
Referred to the Committee on Retirement.

HR 15-58. By Messrs. Lane of the 40th and Stephens of the 37th:
A Resolution proposing an amendment to the Constitution so as to change the date for the submission of proposed amendments to the Constitution or proposals for a new Constitution from the date of the next general election in even-numbered years to the Tuesday next following the first Monday in November in odd-numbered years; and for other purposes.
Referred to the Committee on State of Republic.

HR 16-58. By Mr. Shanahan of the 7th:
A Resolution compensating Mr. Stephen E. Pendley; and for other purposes.
Referred to the Committee on Appropriations:

HR 17-58. By Mr. Shanahan of the 7th: A Resolution compensating Mr. Hoyt Keener; and for other purposes.
Referred to the Committee on Appropriations.
HR 18-58. By Mr. Farrar of the 52nd: A Resolution compensating Mrs. Marie Crumbley; and for other purposes.
Referred to the Committee on Appropriations.
HR 19-58. By Messrs. Parrar of the 52nd, Jordan of the 58th, Grahl of the 88th, Mrs. Hamilton of the 31st, Messrs. Knight of the 65th and Wheeler of the 127th:
A Resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption of $5,000 from all ad valorem taxation for State, county and county school purposes except ad valorem tax ation to pay interest on and retire bonded indebtedness and to delete the homestead exemption of $4,000 for elderly persons with a limited income; and for other purposes. Referred to the Committee on Ways and Means.

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HR 20-58. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th, Mrs. Hamilton of the 31st, Messrs. Knight of the 65th and Wheeler of the 127th:
A Resolution proposing an amendment to the Constitution so as to pro vide an exception to the requirement that each county shall compose a school district and to delete the provision requiring 51% of the voters shall vote in referendum elections on the question of consolidation or merger of school systems to form area school districts; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 21-58. By Messrs. Savage of the 30th, Brown of the 67th, Irvin of the 23rd and Smith of the 42nd:
A Resolution proposing an amendment to the Constitution so as to provide beginning with the year 1978, the Governor and Lt. Governor shall be elected jointly as a unit; and for other purposes.
Referred to the Committee on State of Republic.

HB 59. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 34-1005, relating to qualifications of candidates, time for opening and closing qualifica tions, posting list of candidates and certification of political party can didates, so as to prohibit persons from qualifying for party nomina tion for public office with more than one political party; and for other purposes.
Referred to the Committee on State of Republic.

HB 60. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 68-502, relating to the definition of terms pertaining to the regulation of motor carriers, so as to change the provisions relative to the definition of the term "motor carrier"; and for other purposes.
Referred to the Committee on Industry.

HB 61. By Mr. Ware of the 65th:
A Bill to be entitled an Act to amend Code Section 94-509, relating to the requirement for the erection of signboards, so as to eliminate the requirements for station signs on railroads; and for other purposes.
Referred to the Committee on Industry.

WEDNESDAY, JANUARY 10, 1973

113

HB 62. By Messrs. Alien of the 108th, Hays of the 1st, Peters of the 2nd, Wamble of the 120th, Jones of the 109th, Stephens of the 37th, Gignilliat of the 105th and Chance of the 112th:
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 game and fish, so as to change the provisions relative to taking shrimp to be used for bait; and for other purposes.
Referred to the Committee on Recreation.

HB 63. By Messrs. Groover of the 75th, Vaughn of the 57th and Brown of the 89th:
A Bill to be entitled an Act to amend Code Section 105-1302, relating to the homicide of a husband or parent, so as to provide that the widow may release the alleged wrongdoer without the concurrence of any chil dren or any representative of a child without any order of court; and for other purposes.
Referred to the Committee on Judiciary.

HB 64. By Messrs. Dean of the 54th, Brown of the 34th, Savage of the 30th, Stephens of the 37th, Hill of the 110th, Mrs. Clark of the 55th, Messrs. McKinney of the 35th and Bond of the 32nd:
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.
Referred to the Committee on Education.

HB 65. By Messrs. Snow of the 1st, Larsen of the 102nd, Morgan of the 70th, Peters of the 2nd, Bennett of the 124th, King of the 85th and Adams of the 14th:
A Bill to be entitled an Act to amend Code Chapter 69-7, relating to corporate, police and mayor's courts, so as to provide that the govern ing authority of any municipal corporation within this State having a corporate, police, recorder's or mayor's court may appoint a judge of said court; and for other purposes.
Referred to the Committee on Judiciary.

HB 66. By Messrs. Howell of the 118th, Hutchinson, Busbee, Lee and Odom of the 114th, and Irwin of the 113th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Calhoun County into the office of Tax Commissioner, so as to provide an annual salary for the Tax

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Commissioner of Calhoun County in lieu of the fee system of compen sation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HE 67. By Messrs. Brown of the 67th and Noble of the 48th:
A Bill to be entitled an Act to provide for the regulation of franchise agreements between gasoline distributors and gasoline dealers; and for other purposes.
Referred to the Committee on Judiciary.

HB 68. By Mr. Adams of the 14th:
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.
Referred to the Committee on Special Judiciary.

HB 69. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Chapter 24-21, relating to ordinaries' courts and proceedings therein, so as to provide for the use of photostatic and photographic equipment by ordinaries; and for other purposes.
Referred to the Committee on State of Republic.

HB 70. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to change certain provisions requiring ordinaries, clerks of the superior courts and sheriffs of each county to procure and preserve certain newspapers in which advertisements appear; and for other purposes.
Referred to the Committee on State of Republic.

HB 71. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Section 26-2907, relating to exemptions from the provisions of Code Sections 26-2901, 26-2903, and 26-2906, so as to provide an additional exemption from the provisions of said Code Section for district attorneys and assistant district at torneys; and for other purposes.
Referred to the Committee on Judiciary.

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115

HB 72. By Mr. Brown of the 89th:
A Bill to be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to provide that a person commits a misdemeanor when he discharges a deadly weapon at a target before first ascertaining that the target is not a human being; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 73. By Messrs. Brown and Dickey of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to require the Department of Public Safety to prescribe, by rule, uniform motor vehicle accident reports and reporting procedures; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 74. By Mr. Brown of the 89th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that the Board of Natural Resources shall promulgate rules and regulations for a hunting or fishing license; and for other purposes.
Referred to the Committee on Recreation.

HB 75. By Messrs. Brown, Pinkston, Dickey and Berlin, and Evans of the 89th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for creditable service for certain members who were employees of certain probation offices; and for other purposes.
Referred to the Committee on Retirement.

HB 76. By Messrs. Brown, Dickey and Berlin of the 89th:
A Bill to be entitled an Act to amend Code Section 27-2506, relating to how misdemeanors shall be punished, so as to provide for alternative and additional punishments for misdemeanors and city ordinances in volving traffic offenses; and for other purposes.
Referred to the Committee on Judiciary.

HB 77. By Messrs. Lee, Johnson, Bailey and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to change the qualifications of the comptroller-administrative assistant; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd:
A Bill to provide for no-fault motor vehicle insurance; to provide an effective date; and for other purposes.
Referred to the Committee on Insurance.

HR 22-78. By Messrs. Reaves of the 124th, Matthews and Collins of the 122nd, Nessmith of the 76th, Hudson of the 115th, Patten of the 124th, Lowrey of the 15th, Carr of the 90th, Patten of the 123rd and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to enact legislation treating real property or any type or types of real property as a separate class or classes from other classes of tangible property for ad valorem property tax pur poses, and to provide by law for different rates and methods of assess ment of such real property or classes of real property; and for other purposes.
Referred to the Committee on Ways and Means.
HB 79. By Messrs. Rush of the 104th, Jones of the 109th:
A Bill to be entitled an Act to provide minimum standards for detention facilities within this State; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 80. By Messrs. Adams of the 14th, Moyer of the 99th, Atherton of the 19th, Marcus of the 26th and others:
A Bill to be entitled an Act to amend Chapter 92-31, of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, so as to provide for relief from local property taxes through a system of State income tax credits and refunds to certain natural persons who own or rent dwellings; and for other purposes.
Referred to the Committee on Appropriations.

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

HR 10-27. By Mr. Northcutt of the 68th:
A Resolution compensating Mr. Melvyn R. Williams; and for other purposes.

HB 28. By Messrs. Hawes of the 43rd and Snow of the 1st:
A Bill to be entitled an Act to amend an Act repealing an Act pro viding for sentences in criminal felony cases, so as to provide for cer-

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117

tain mitigating and aggravating circumstances in cases in which the jury may consider the death penalty; to provide for a review of death sentences; and for other purposes.

The following Resolution of the House was read and referred to the Com mittee on State of Republic:

HR 23. By Messrs. Savage of the 30th, Hays of the 1st, Brown of the 67th and Others:

A RESOLUTION

Relative to designating the date of the presidential election a na tional holiday; and for other purposes.

WHEREAS, the electorate of this country should be afforded an adequate opportunity to vote in the presidential election held every four years; and

WHEREAS, most other countries in the world hold elections on Sunday, and the percentage of the electorate voting in such countries is much greater than it is in our country; and

',

WHEREAS, it is an injustice to the millions of working people in

this country that they have to rush to the polls before or after work,

stand in long lines and then rush through the actual procedure of voting;

and

WHEREAS, since there are numerous holidays in this country on which we celebrate past accomplishments or recognize past heroes, it is the opinion of this Body that there should also be a national holiday
once every four years at which time the people of this country could have a better opportunity to direct the future course of their country.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge the United States Congress to pass a law designating the date of the presidential election a national holiday so that the electorate of this country will have an adequate opportunity to vote.

BE IT FUTHER 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 President of the United States and each member of the Georgia Congressional Delegation.

The following Resolution of the House was read and adopted:

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HR 24. By Messrs. Lane and Nessmith of the 76th:

A RESOLUTION

Commending the Southeast Bulloch High School of Brooklet "Yellow Jacket" football team; and for other purposes.

WHEREAS, from their winless first season of 1966, the Southeast Bulloch High School football team has risen from the depths of defeat to the pinnacle of power in 1972 by going undefeated and winning the State Class B football title by defeating Adairsville 12 to 9; and

WHEREAS, members of this team displayed amazing offensive and defensive talents throughout this season during their march to the championship; and

WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive, and determination of the mem bers of the team and Coach Fred Shaver and his staff; and

WHEREAS, the "Yellow Jackets" have established a tradition of excellence that has attracted attention and admiration throughout the State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Southeast Bulloch High School of Brooklet football team, its managers and trainers, Coach Fred Shaver and his staff, the entire school, and all of the fans who faithfully supported the team.

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 Coach Fred Shaver, and another appropriate copy to Coach Shaver for presentation to the team.

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

HB 14. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act providing for registration of trade names, as amended, so as to exclude limited partnerships from its provisions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.

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119

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

HB 15. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Section 113-1206, relating to non-resident executors of the will of the deceased citizens of Geor gia, so as to provide that where the will nominates an out of State executor or co-executor, the ordinary may relieve the nominated executor from the requirements of giving bond; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Judiciary amends HB 15 on line 16 after the word "co-executor" and before the word "is" by adding the following language:
"is a natural person who".
The following amendment was read and adopted:
Mr. Groover of the 75th moves to amend HB 15 by striking lines 15 and 16 and inserting in lieu thereof the following:
"where the will nominates a natural person as exectuor or coexecutor who at the time of qualifying is a non-resident of"
and by correspondingly amending lines 3, 4 and 5 on page 2.
Mr. Groover of the 75th moved that the House reconsider its action in adopt ing the committee amendment.

The motion prevailed.

Mr. Groover of the 75th asked unanimous consent that the committee amendment be withdrawn from further consideration.

The consent was granted and the committee amendment was withdrawn.

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 115, nays 0.

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

HB 16. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 26-15, relating to criminal damage to property, so as to provide that any person who shall knowingly, maliciously or fraudulently cut, alter or remove any certain boundary tree or other allowed landmark, to the injury of an other, shall be guilty of a misdemeanor; and for other purposes.

The following amendment was read and adopted:
Mr. Alexander of the 38th moves to amend HB 16 by adding after the word "knowlingly" on line 43 the word "and".

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

On the passage of the Bill, as amended, the ayes were 108, nays 4.

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

The Speaker announced the House would be in recess until 4:00 o'clock P.M.

The Speaker called the House to order.

Mr. Roach of the 8th District, Chairman of the Committee on Special Ju diciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 9. Do Pass.
HB 7. Do Pass.

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121

HB 10. Do Not Pass. HB 3. Do Pass. HB 8. Do Pass.

Respectfully submitted, Roach of the 8th, Chairman.

The following communications were received and read:
HOUSE OF REPRESENTATIVES Atlanta
January 10, 1973
Honorable Carlton Colwell Chairman State Institutions & Property Committee State Capitol Atlanta, Georgia
Dear Carlton:
This is to advise you that I am appointing Representative William S. Stephens to the State Institutions & Property Committee.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS:eph CC: Honorable Glenn W. Ellard, Clark of the House.
HOUSE OF REPRESENTATIVES Atlanta
January 10, 1973
Honorable Clarence Vaughn Chairman Highways Committee State Capitol Atlanta, Georgia
Dear Clarence:

This is to advise you that I am removing Representative William S. Stephens from the Highways Committee.
Sincerely,
/s/ Geo. L. Smith II Speaker
GLS :eph CC: Honorable Glenn W. Ellard, Clerk of the House

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Mr. Busbee of the 114th 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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123

Representative Hall, Atlanta, Georgia Thursday, January 11, 1973

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 whom Thou has raised up to guide our Republic. We would pray that Thou wouldst grant those 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, 0 God, with the strength and spiritual sustenance for per forming 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. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.

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3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 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 81. By Messrs. Odom, Lee, Busbee and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act establishing an annual salary for the Ordinary of Lee County in lieu of the fee system of com pensation, so as to provide for a clerk and other clerical assistance for said Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 82. By Messrs. Odom, Busbee, Lee and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lee County and providing in lieu thereof an annual salary, so as to change the salary of said clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 83. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 4-2, relating to relations between a principal and agent, so as to change the provisions relative to the termination and revocation of an agency relation; and for other purposes.
Referred to the Committee on Judiciary.

HB 84. By Messrs. Lee of the 114th, Adams of the 14th and Wamble of the 120th:
A Bill to be entitled an Act to provide for a local option income tax;; and for other purposes.
Referred to the Committee on Ways and Means.

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125

HB 85. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the "Ombudsman Chapter of the Charter of the City of Atlanta"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 86. By Messrs. Dean of the 54th and Alexander of the 39th:
A Bill to be entitled an Act to create the Consumer Affairs Advisory Commission; and for other purposes.
Referred to the Committee on Industry.

HB 87. By Messrs, Howell of the 118th and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to provide that certain members of the Em ployees' Retirement System are entitled to prior service credit while so employed; and for other purposes.
Referred to the Committee on Retirement.

HB 88. By Messrs. Howell of the 118th, Larsen of the 102nd, Bray of the 66th, Keyton of the 121st, Turner of the 3rd, Bohannon of the 64th, Connell of the 80th, McDonald of the 12th, Edwards of the 95th, Davis of the 56th and Willis of the 119th:
A Bill to be entitled an Act to amend Code Section 34-1307, relating to the prohibition of certain campaign activities, so as to remove the ex emption granted to candidates; and for other purposes.
Referred to the Committee on State of Republic.

HB 89. By Messrs. Howell of the 118th, Bray of the 66th, Keyton of the 121st, Turner of the 3rd, Bohannon of the 64th, Lambert of the 97th, Edwards of the 95th, Larsen of the 102nd, Connell of the 80th and others:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to change the date upon which the general primary is held; and for other purposes.
Referred to the Committee on State of Republic.

HB 90. By Mr. Wall of the 61st:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to change the provisions authorizing the board to adopt and promulgate rules and

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regulations concerning paroles, pardons, probations, and remissions of fines and forfeitures; and for other purposes.
Referred to the Committee on Special Judiciary.

HE 91. By Mr. Levitas of the BOth: 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 or provide requirements which discriminate in the ex tending of credit or the making of loans on the basis of sex, race, re ligion or marital status; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 92. By Messrs. Savage of the 30th, Horton of the 56th, Hudson of the 115th, Brown of the 67th and Roach of the 8th: A Bill to be entitled an Act to amend Code Title 84, relating to profes sions, businesses and trades, so as to change the provisions relating to expenses and per diem allowances of the Board of Dental Examiners; and for other purposes.
Referred to the Committee on Health and Ecology.
HB 93. By Mr. Levitas of the 50th: 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.
Referred to the Committee on Judiciary.
HB 94. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act incorporating Peachtree City, so as to provide for additional territory which might be incorpo rated within said corporate limits; to stagger the terms of office of the councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 95. By Messrs. Levitas of the 50th and Harris of the 51st:
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; to pro vide which orders shall be appealable by the State; and for other pur poses. Referred to the Committee on Judiciary.

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127

HB 96. By Messrs. Jordan of the 58th and Larsen of the 27th:
A Bill to be entitled an Act to provide a procedure for the review of certain applications for rezoning by certain state departments and boards of education and for the submission of certain reports in connection therewith; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 97. By Messrs. Pearce of the 87th, King of the 85th, Buck of the 87th, Berry of the 86th, Adams of the 84th and Davis of the 85th:
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 placed on such property by municipal or county tax assessors under certain circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 98. By Messrs. Hutchinson of the 114th, Cole of the 6th, Milford of the 13th, Harris of the 8th, Strickland of the 116th, Jessup of the 102nd, Williams of the 9th, McDonald of the 12th, Wall of the 61st and others:
A Bill to be entitled an Act to amend an Act providing how motorcycles shall be operated, so as to require that the headlights and rear lights of motorcycles shall be ignited during all hours of operation upon the public roads of this State; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 25-98. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to pro vide that a sentence of death shall not be considered as cruel and unusual punishment; and for other purposes.
Referred to the Committee on Judiciary.

HR 26-98. By Mr. Alexander of the 38th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the restoration of all rights, privileges and immunities of citi zenship which have been removed or impaired as a result of the convic tion of any crime, without further proceedings, upon an unconditional release from prison; and for other purposes.
Referred to the Committee on Judiciary.

HR 27-98. By Mr. Alexander of the 38th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a State Court of Claims; to

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confer upon the Supreme Court and Court of Appeals original jurisdic tion to try, review, and correct errors of law from such State Court of Claims; and for other purposes.
Referred to the Committee on Judiciary.

HR 28-98. By Messrs. Snow and Hays of the 1st, Cole and Poster of the 6th:
A Resolution compensating Rutledge Chevrolet Company; and for other purposes.
Referred to the Committee on Appropriations.

HR 29-98. By Messrs. Savage of the 30th, Hudson of the 115th, Grantham of the 127th, Brown of the 67th and Carlisle of the 67th:
A Resolution proposing an amendment to the Constitution so as to pro vide that any increase in tangible property taxes by the General As sembly or a local governing body, shall be conditioned upon approval by a majority of the qualified voters of the state or political subdivision, respectively, voting in a referendum thereon; and for other purposes.
Referred to the Committee on Ways and Means.

HR 30-98. By Messrs. Lane of the 40th, Adams of the 36th, Savage of the 30th and Stephens of the 37th:
A Resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $10,000 from all Fulton County and Fulton County School ad valorem taxes for residents of Fulton County who are 65 years of age or over or disabled and who have a net income not exceeding $8,000 for the preceding taxable year; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 31-98. By Messrs. Roach of the 8th, Levitas of the 50th and Harris of the 51st:
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 all constitutional courts; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 32-98. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane of the 76th and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a person has

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129

been sentenced to life imprisonment for the crime of murder unless such person has served not less than 50 years of sentence; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 99. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to be entitled an Act to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 100. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to repeal the Charter of the City of Union City in Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 101. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to repeal the Charter of the City of Pairburn in Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 102. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to repeal the Charter of the City of East Point in Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 103. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to provide a new Charter for the City of College Park in Fulton and Clayton Counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 104. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend Code Section 68-602, relating to

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the exemption of certain motor vehicles from regulation as motor com mon carriers, so as to change the provisions relative to the exemption of motor vehicles operating within the corporate limits of municipalities; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 105. By Messrs. Lee, Hutchinson, Odom and Busbee of the 114th:
A Bill to be entitled an Act to amend an Act creating the Dougherty Judicial Circuit, so as to change the provisions authorizing the govern ing' authority of Dougherty Judicial Circuit to provide for a supplement to the Judge's salary; and for other purposes.
Referred to the Committee on Judiciary.

HB 106. By Messrs. Alien of the 108th, Phillips of the 103rd, Dorminy of the 115th, Bostick of the 123'rd, Wamble of the 120th, Vaughn of the 57th, Sweat of the 125th, Brown of the 67th and Howell of the 118th:
A Bill to be entitled an Act to provide methods of assessments for farm, forest, and other open space lands, and tangible property in corporate city limits; and for other purposes.
Referred to the Committee on Ways and Means.

HB 107. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect an excise tax on the sale of tickets or other admission charges made by any person for events produced for public amusement; and for other purposes.
Referred to the Committee on Ways and Means.

HB 108. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to refund to political subdivisions the amount of State tax paid on motor fuel purchased and used in motor vehicles owned by such subdivisions while operated on government business; and for other purposes.
Referred to the Committee on Ways and Means.

HB 109. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize certain counties to impose, levy and collect a hotel-motel tax; and for other purposes.
Referred to the Committee on Ways and Means.

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131

HB 110. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize incorporated municipalities to impose, levy and collect an excise tax on the sale of meals; and for other purposes.
Referred to the Committee on Ways and Means.

HB 111. By Messrs. Pinkston, Evans, Berlin and Coney of the 89th, Groover of the 75th and Harrington of the 93rd:
A Bill to be entitled an Act to provide the procedures whereby a permit must be obtained in order to disturb any place of burial of human re mains for the purposes of development of such land; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 112. By Messrs. Mullinax and Knight of the 65th, Bray of the 66th, Grahl of the 88th, Ware of the 65th, Pinkston of the 89th, Collins of the 122nd and Patten of the 124th:
A Bill to be entitled an Act to amend Code Chapter 84-17, relating to jewelry auctions, so as to regulate the sale at auction of other articles of personal property; and for other purposes.
Referred to the Committee on Industry.

HB 113. By Messrs. Buck of the 87th and McDaniell of the 20th: A Bill to be entitled an Act to be known as the Georgia Contractors Licensing Act; and for other purposes.
Referred to the Committee on Industry.
HR 33-113. By Mr. Hawes of the 43rd: A Resolution compensating Mr. James Tucker; and for other purposes.
Referred to the Committee on Appropriations.
HR 34-113. By Messrs. Alien of the 108th, Phillips of the 103rd, Dorrniny of the 115th, Bostick of the 123rd, Wamble of the 120th, Vaughn of the 57th, Dixon of the 126th, Sweat of the 125th, Reaves of the 124th, Brown of the 67th, Howell of the 118th and Groover of the 75th: A Resolution proposing an amendment to the Constitution to provide for the methods for assessment of farm, forest, and other open space lands which will promote the preservation of their existing use and fur ther providing that property within municipal city limits shall be as sessed according to its current use; and for other purposes.
Referred to the Committee on Ways and Means.

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HB 114. By Mr. Lane of the 40th:
A Bill to be entitled an Act to repeal the Charter of the City of Palmetto in Fulton and Coweta Counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 115. By Mr. Lane of the 40th:
A Bill to be entitled an Act to repeal the Charter of the City of Hapeville in Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation,

HB 116. By Messrs. Horton, Hawes and Greer of the 43rd and Marcus of the 26th:
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 & Community Affairs--Local Legislation.

HB 117. By Messrs. Horton, Greer and Hawes of the 43rd and Marcus of the 26th:
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 & Community Affairs--Local Legislation.

HB 118. By Messrs. Horton and Greer of the 43rd and Marcus of the 26th:
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 & Community Affairs--Local Legislation.

HB 119. By Messrs. Horton of the 43rd, Brown of the 34th, Greer of the 43rd, Marcus of the 26th, Bond of the 32nd and Mrs. Hamilton of the 31st:
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 & Community Affairs--Local Legislation.

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HB 120. By Messrs. Greer of the 43rd and Townsend of the 24th:
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 & Community Affairs--Local Legislation.

HB 121. By Messrs. Marcus of the 26th, Brown of the 34th and Alexander of the 39th:
A Bill to be entitled an Act to characterize the document by which the Atlanta Board of Education requests the level of ad valorem millage to be assessed for educational purposes to be the instrument of levy when filed with the City Clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 35-121. By Messrs. Marcus of the 26th and Alexander of the 39th: A Resolution proposing an amendment to the Constitution to repeal authority of counties having a city of 200,000 wholly or partly within their boundaries to levy up to 1.5 mills for education county-wide; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 36-121. By Messrs. Marcus of the 26th and Alexander of the 39th: A Resolution proposing- an amendment to the Constitution to repeal the authority of DeKalb County to levy up to one mill county-wide for edu cational purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 122. By Mrs. Hamilton of the 31st: A Bill to be entitled an Act to amend the new Charter of the City of Atlanta so as to authorize the governing authority to allow bridges over, and tunnels under, any highway, street, road or public way within such municipality under certain conditions to accommodate pedestrial traffic between private premises; and for other purposes.
Referred to the Committee on State Planning- & Community Affairs--Local Legislation.
HB 123. By Mr. Townsend of the 24th: A Bill to be entitled an Act repealing Fulton County population act re-

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quirement of transfer of employer pension contribution where employees voluntarily transfer between Atlanta and Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 124. By Mr. Adams of the 14th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for the continuation of the membership in the Employee's Retirement System of certain em ployees of a State Court which was abolished by a constitutional amend ment; and for other purposes.
Referred to the Committee on Retirement.

HB 125. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Lee of the 114th, Hawes of the 43rd and Sams of the 83rd:
A Bill to be entitled an Act to repeal Section 59-705 of the Code of 1933 in its entirety; and to amend Code Chapter 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 Judiciary.

HB 126. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th and Morgan of the 70th:
A Bill to be entitled an Act to amend Code Chapter 27-7, relating to indictments, 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 have the charge or accusation against him heard by a grand jury; and for other purposes.
Referred to the Committee on Judiciary.

HB 127. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th and Morgan of the 70th:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to provide that on the trial of all criminal cases the jury shall give a verdict of guilty or not guilty, and the judge shall fix the sentence to be imposed in such case; and for other purposes.
Referred to the Committee on Judiciary.

HB 128. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Levitas of the 50th and Sams of the 83rd:
A Bill to be entitled an Act to create a Judicial Council of the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

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HE 129. By Messrs. Snow of the 1st, Russell of the 53rd and Dean of the 60th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and posttrial 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 Judiciary.

HB 130. By Messrs. Snow of the 1st, Groover of the 75th, Tucker of the 69th and Morgan of the 70th:
A Bill to be entitled an Act to repeal Section 59-705 of the Code of 1933 in its entirety; and to amend Code Chapter 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 Judiciary.

HB 131. By Messrs. Snow of the 1st and Dean of the 60th:
A Bill to be entitled an Act to amend an Act comprehensively, revising appellate and other post trial procedure, so as to provide for interlocu tory appeals upon petition to the Supreme Court or Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.

HB 132. By Messrs. Snow of the 1st, Lee of the 114th, Tucker of the 69th, Morgan of the 70th, Levitas of the 50th, Bray of the 66th, Hawes of the 43rd and Sams of the 83rd:
A Bill to be entitled an Act to authorize district attorneys to grant immunity from prosecution to any witness in any criminal proceeding involving a felony; and for other purposes.
Referred to the Committee on Judiciary.

HB 133. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th, Morgan of the 70th, Bray of the 66th, Levitas of the 50th and Hawes of the 43rd:
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 134. By Messrs. Snow of the 1st, Tucker of the 69th, Russell of the 53rd, Dean of the 60th, Morgan of the 70th, Levitas of the 50th, Hawes of the 43rd and Lee of the 114th:
A Bill to be entitled an Act to amend Code Sections 27-405, Code Section

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38-415, and Code Section 26-401 (a), 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 135. By Messrs. Snow of the 1st and Tucker of the 69th:
A Bill to be entitled an Act to provide for the establishment of the Of fice of State Defender; to provide for representation by counsel; and for other purposes.
Referred to the Committee on Judiciary.

HR 37-135. By Messrs. Snow of the 1st, Tucker of the 69th and Lee of the 114th:
A Resolution proposing an amendment to the Constitution so as to pro vide that in civil and non-capital 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.
Referred to the Committee on Judiciary.

HR 38-135. By Messrs. Snow of the 1st, Lee of the 114th, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th, Hawes of the 43rd and Sams of the 83rd:
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.
Referred to the Committee on Judiciary.

HR 39-135. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Hawes of the 43rd, Sams of the 83rd, Alexander of the 38th and Lee of the 114th:
A Resolution proposing an amendment to the Constitution so as to allow the General Assembly to insure 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.

HR 40-135. By Messrs. Snow of the 1st, Lee of the 114th, Dean of the 60th, Levitas of the 50th, Bray of the 66th, Hawes of the 43rd and Sams of the 83rd:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the jurisdiction of the Supreme Court

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and the jurisdiction, composition and the election of judges of the Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.

HR 41-135. By Messrs. Snow of the 1st, Lee of the 114th, Russell of the 53rd, Dean of the 60th, Morgan of the 70th and Levitas of the 50th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the terms of office, election, nomination, and appointment of certain justices and judges; and for other purposes.
Referred to the Committee on Judiciary.

HR 42-135. By Messrs. Snow of the 1st, Russell of the 53'rd, Dean of the 60th, Morgan of the 70th, Levitas of the 50th, Hawes of the 43rd, Sams of the 83rd and Lee of the 114th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the venue of all cases shall be as provided by law; and for other purposes.
Referred to the Committee on Judiciary.

HR 43-135. By Messrs. Geisinger of the 44th, Connell of the 80th, Egan of the 25th, Elliott of the 49th, Russell of the 53rd, Bostick of the 123rd, Jones of the 109th, Horton of the 56th, Burton of the 47th, Atherton of the 19th, Duke of the 20th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Governor serving at the time of the General Election in 1982 and any future Governor shall be eligible to succeed himself for one four-year term of office; and for other purposes.
Referred to the Committee on State of Republic.

HB 136. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to provide for the regulation of marketing agreements between petroleum distributors and gasoline dealers; to provide for declaration of policy; and for other purposes.
Referred to the Committee on Judiciary.

HB 137. By Messrs. Matthews and Logan of the 62nd, Ross of the 72nd, Lane of the 76th, Carrell of the 71st, Connell of the 80th, Patten of the 124th and others:
A Bill to be entitled an Act to amend an Act entitled "Executive Reorganization Act of 1972", so as to provide that the Board of Regents

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of the University System of Georgia shall be exempt from the provisions of said Act; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 138. By Mr. Murphy of the 18th:
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 all State-paid em ployees of the judges and district attorneys of the superior courts of this State shall be subject to a merit system of employment; and for other purposes.
Referred to the Committee on Retirement.

HB 139. By Mr. Lee of the 68th:
A Bill to be entitled an Act to provide for the establishment of standards of construction for mobile homes; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal year 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, 1973; and for other purposes.

HB 141. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1973, and ending June 30, 1974; and for other purposes.
Referred to the Committee on Appropriations.

HB 142. By Messrs. Brown, Evans and Pinkston of the 89th:
A Bill to be entitled an Act to create the Central-South Georgia Medical School Authority; 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:

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HB 29. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relative to the county clerk; and for other purposes.

HB 30. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act providing an annual salary for the sheriff of Wheeler County in lieu of the fee system of compensa tion, so as to change the provisions relative to the salary of the sheriff; and for other purposes.

HB 31. By Mr. Phillips of the 103rd:
A Bill to1 be entitled an Act to amend an Act providing- for the yearly compensation for the Ordinary of Wheeler County, in addition to fees, so as to provide for a clerk for said Ordinary; and for other purposes.

HB 32. By Mr. Rush of the 104th:
A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.

HB 33. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding1 and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to change the provisions relative to the consolidation of actions involving a common question of law or face; and for other purposes.

HB 34. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia In dustrial Loan Act", so as to change the penalty provisions of such Act; and for other purposes.

HB 35. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to repeal Code Section 46-805, relating to assent of officials of state government and its subdivisions as a pre requisite to judgment in garnishment; and for other purposes.

HB 36. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the public schools, so as to provide military

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service credit to any person who was on active duty in the armed forces of the U. S. during the Vietnam War; and for other purposes.

HB 37. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as "The Georgia Criminal Justice Act", so as to clarify the criminal proceedings in which indigent persons shall be afforded representation; and for other purposes.

HB 38. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend Title 7 of the Code of Georgia of 1933, as amended, relating to common law and statutory arbitration, so as to establish a Uniform Arbitration Law in the State; and for other purposes.

HB 39. By Messrs. Hutchinson of the 114th, Hawes of the 43rd, Jones of the 109th, Wheeler of the 127th, Wamble of the 120th, Chance of the 112th and Farrar of the 52nd:
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; and for other purposes.

HB 40. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 109A-7-209, relating to lien of warehousemen, so as to provide for the effectiveness of a warehouseman's lien on household goods for charges and expenses in relation thereto; and for other purposes.

HB 41. By Messrs. Hudson of the 115th and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Nursing Homes, so as to authorize the Board to adopt rules and regulations, to authorize the Board to establish, provide or approve various education programs or courses for nursing home administrators; and for other purposes.

HB 42. By Messrs. Lane of the 40th and Stephens of the 37th:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to provide that the date of the general election shall be observed as a public and legal holiday in the State; and for other purposes.

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141

HB 43. By Messrs. Lane of the 40th and Stephens of the 37th:
A Bill to be entitled an Act to amend Code Chapter 34-12, relating to voting machines and vote recorders, so as to require the governing au thority in each county utilizing voting machines to designate a machine in each election district to be used only by disabled and elderly persons; and for other purposes.

HB 44. By Mr. Colwell of the 4th:
A Bill to be entitled an Act to amend Code Section 59-101, relating to jury commissioners, so as to provide that the board of jury commission ers shall be composed of not less than three nor more than six discreet persons; and for other purposes.

HB 45. By Mr. Colwell of the 4th:
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 at least biennially, or if the judge of the superior court shall direct, the board of jury commissioners shall compile and maintain and revise a jury list of intelligent and upright citizens of the county to serve; and for other purposes.

HB 46. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to the coverage of tax commissioners, tax collectors or tax receivers under the Employees' Retirement System; and for other purposes.
HB 47. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend Code Section 59-106, relating to revision of jury lists and the selection of grand and traverse jurors, so as to provide that in composing the jury lists, the board of jury commissioners shall use the official registered voters' list; and for other purposes.

HB 48. By Messrs. Morgan of the 70th, Vaughn of the 57th, Harris of the 51st and Roach of the 8th:
A Bill to be entitled an Act to amend Code Section 24A-301, relating to jurisdiction over juveniles, so as to provide that the juvenile court shall have exclusive original jurisdiction and shall be the sole court for initiating action concerning any child whose custody is the subject of controversy; and for other purposes.

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HB 49. By Messrs. Lane of the 40th, Ellis of the 107th, Hudson of the 115th, Bostick of the 123rd, Noble of the 48th, Adams of the 36th, Colwell of the 4th, Dent of the 78th and Peters of the 2nd:
A Bill to be entitled an Act to regulate the private detective and private security business in this State; and for other purposes.

HB 50. By Messrs. Savage of the 30th, McKinney of the 35th, Blackshear of the 106th, Daugherty of the 33rd, Dean of the 54th and Stephens of the 37th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for the implementation of a program of education for preschool children; and for other purposes.

HB 51. By Messrs. Savage of the 30th, Brown of the 67th, Hays of the 1st, Triplett of the lllth, Irvin of the 23rd, McKinney of the 35th and Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 88-2603, relating to the power and duties of the Board of Human Resources in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in cer tain incorporated communities; and for other purposes.

HB 52. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorists' coverage, so as to renumber and redesignate subsection (h) of said Code Section as enacted by said 1971 amendatory Act; and for other purposes.

HB 53. By Mr. Alexander of the 38th:
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 provide for the service of summons by publication in certain cases involving claims for injuries or damages resulting from motor vehicle collisions; and for other purposes.

HB 54. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Title 93, relating to the Public Service Commission, so as to create the Office of Public Coun selor; to provide for a Public Counselor; and for other purposes.

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143

HB 55. By Messrs. McCracken of the 77th, Floyd of the 5th and Greer of the 43rd:
A Bill to be entitled an Act to amend an Act, relating to a health in surance plan for State employees, so as to increase the maximum per missible participation and contribution in the health insurance plan; and for other purposes.

HB 56. By Messrs. Shanahan of the 7th, Lee of the 114th, Ross of the 72nd, Bohannon of the 64th, McCracken of the 77th, Greer of the 43rd, Har ris of the 51st and Dixon of the 126th:
A Bill to be entitled an Act to amend Code Title 105, relating to torts, so as to create a new Code Chapter 105-13A, relating to injuries to the person and to property resulting from motor vehicle collisions; and for other purposes.
HB 57. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th, Mrs. Hamilton of the 31st, Messrs. Knight of the 65th and Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide a special as sistance fund for certain local units of administration; and for other purposes.
HB 58. By Messrs. Harrington of the 93rd, Roach of the 8th, Farrar of the 52nd and Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to remove the provision relative to age in connection with retirement with 35 years' service; and for other purposes.

HR 15-58. By Messrs. Lane of the 40th and Stephens of the 37th:
A Resolution proposing an amendment to the Constitution so as to change the date for the submission of proposed amendments to the Constitution or proposals for a new Constitution from the date of the next general election in even-numbered years to the Tuesday next fol lowing the first Monday in November in odd-numbered years; and for other purposes.

HR 16-58. By Mr. Shanahan of the 7th:
A Resolution compensating Mr. Stephen E. Pendley; and for other purposes.

HR 17-58. By Mr. Shanahan of the 7th: A Resolution compensating Mr. Hoyt Keener; and for other purposes.

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HR 18-58. By Mr. Farrar of the 52nd:
A Resolution compensating Mrs. Marie Crumbley; and for other purposes.

HR 19-58. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th, Mrs. Hamilton of the 31st, Messrs. Knight of the 65th and Wheeler of the 127th:
A Resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption of $5,000 from all ad valorem taxation for State, county and school purposes except ad valorem taxation to pay interest on and retire bonded indebtedness and to delete the home stead exemption of $4,000 for elderly persons with a limited income; and for other purposes.

HR 20-58. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th, Mrs. Hamilton of the 31st, Messrs. Knight of the 65th and Wheeler of the 127th:
A Resolution proposing an amendment to the Constitution so as to provide an exception to the requirement that each county shall com pose a school district and to delete the provision requiring 51% of the voters shall vote in referendum elections on the question of consolida tion or merger of school systems to form area school districts; and for other purposes.

HR 21-58. By Messrs. Savage of the 30th, Brown of the 67th, Irvin of the 23rd and Smith of the 42nd:
A Resolution proposing an amendment to the Constitution so as to provide beginning with the year 1978, the Governor and Lt. Governor shall be elected jointly as a unit; and for other purposes.

HB 59. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 34-1005, relating to qualifications of candidates, time for opening and closing qualifica tions, posting list of candidates and certification of political party can didates, so as to prohibit persons from qualifying for party nomination for public office with more than one political party; and for other purposes.

HB 60. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 68-502, relating to the definition of terms pertaining to the regulation of motor carriers, so as to change the provisions relative to the definition of the term ''motor carrier"; and for other purposes.

62. By Messrs
' HB 64 g
HB 6S- By Messr HB 6 R ,

court; i such

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HB 67. By Messrs. Brown of the 67th and Noble of the 48th:
A Bill to be entitled an Act to provide for the regulation of franchise agreements between gasoline distributors and gasoline dealers; and for other purposes.

HB 68. By Mr. Adams of the 14th:
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 69. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Chapter 24-21, relating to ordinaries' courts and proceedings therein, so as to provide for the use of photostatic and photographic equipment by ordinaries; and for other purposes.

HB 70. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to change certain provisions requiring ordinaries, clerks of the superior courts and sheriffs of each county to procure and preserve certain newspapers in which advertisements appear; and for other purposes.

HB 71. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Section 26-2907, relating to the exemptions from the provisions of Code Sections 26-2901, 26-2903, and 26-2906, so as to provide an additional exemption from the pro visions of said Code Section for district attorneys and assistant dis trict attorneys; and for other purposes.

HB 72. By Mr. Brown of the 89th:
A Bill to be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to provide that a person commits a misdemeanor when he discharges a deadly weapon at a target before first ascertaining that the target is not a human being; and for other purposes.

HB 73. By Messrs. Brown and Dickey of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways." so as to require the Department of Public Safety to prescribe, by rule, uniform motor vehicle accident reports and reporting procedures; and for other purposes.

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HB 74. By Mr. Brown of the 89th:
A Bill to be entitled an Act to amend an Act completely and ex haustively revising, superseding and consolidating the laws relating to the State Game and Pish Commission, so as to provide that the Board of Natural Resources shall promulgate rules and regulations for a hunt ing or fishing license; and for other purposes.

HB 75. By Messrs. Brown, Pinkston, Dickey and Berlin, and Evans of the 89th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for creditable service for certain members who were employees of certain probation offices; and for other purposes.

HB 76. By Messrs. Brown, Dickey and Berlin of the 89th: A Bill to be entitled an Act to amend Code Section 27-2506, relating to how misdemeanors shall be punished, so as to provide for alternative and additional punishments for misdemeanors and city ordinances in volving traffic offenses; and for other purposes.
HB 77. By Messrs. Lee, Johnson, Bailey and Northcutt of the 68th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to change the qualifications of the comptroller-administrative assistant; and for other purposes.
HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd: A Bill to provide for no-fault motor vehicle insurance; to provide an effective date; and for other purposes.
HR 22-78. By Messrs. Reaves of the 124th, Matthews and Collins of the 122nd, Nessmith of the 76th, Hudson of the 115th, Patten of the 124th, Lowrey of the 15th, Carr of the 90th, Patten of the 123rd and others: A Resolution proposing- an amendment to the Constitution so as to au thorize the General Assembly to enact legislation treating real property or any type or types of real property as a separate class or classes from other classes of tangible property for ad valorem property tax purposes, and to provide by law for different rates and methods of assessment of such real property or classes of real property; and for other purposes.
HB 79. By Messrs. Rush of the 104th, Jones of the 109th: A Bill to be entitled an Act to provide minimum standards for detention facilities within this State; and for other purposes.

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HB 80. By Messrs. Adams of the 14th, Moyer of the 99th, Atherton of the 19th, Marcus of the 26th and others:
A Bill to be entitled an Act to amend Chapter 92-31, of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, so as to provide for relief from local property taxes through a system of State income tax credits and refunds to certain natural persons who own or rent dwellings; and for other purposes.

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 65. Do Pass. HB 52. Do Pass. HB 12. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Matthews of the 62nd District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia has had under considera tion the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 137. Do Pass.

Respectfully submitted, Matthews of the 62nd, Chairman.

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

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HR 6. By Messrs. Smith of the 91st, Murphy of the 18th, and Busbee of the 114th:
A Resolution calling for a joint session of the House of Representa tives and Senate for the purpose of hearing a message from the Governor.

The President has appointed as a committee to notify the Governor the following Senators: Hudgins of the 15th, Hamilton of the 26th, Hill of the 29th, Duncan of the 30th, Ward of the 39th, Starr of the 44th, and Moore of the 56th.

The following Resolution of the House was read and referred to the Com mittee on Special Judiciary:

HR 44. By Mr. Wall of the 61st:
A RESOLUTION.
Urging the United States Senate and the House of Representatives to propose an amendment to the Constitution of the United States of America authorizing the imposition of capital punishment; and for other purposes.
WHEREAS, on June 29, 1972, the Supreme Court of the United States issued its opinion in the case of Furman v. Georgia and its companion cases; and
WHEREAS, this decision, by a five to four majority with each member of the Court writing a separate opinion, voided the imposition of the death penalty in the State of Georgia and throughout the United States; and
WHEREAS, prior to this decision the Supreme Court of the State of California held the imposition of the death penalty in California to be a violation of the Constitution of the State of California; and
WHEREAS, on November 7, 1972, the citizens of California over whelmingly voted in favor of reinstating the death penalty in Cali fornia; and
WHEREAS, crime is increasing at a rapid rate in the United States; and
WHEREAS, capital punishment is necessary to stem the rising tide of crime in the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby urge the United States Senate and House of Representatives to adopt

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an amendment to the Constitution of the United States authorizing the imposition of capital punishment.

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 United States Senate and House of Representatives from the State of Georgia.

The following Resolutions of the House were read and adopted:

HR 45. By Messrs. Buck and Pearce of the 87th, Berry and Davis of the 86th, Adams of the 84th, King and Thompson of the 85th:
A RESOLUTION.
Expressing regrets at the passing of Mr. John Rigdon; and for other purposes.
WHEREAS, the City of Columbus and the State of Georgia re cently lost one of its finest citizens with the passing of Mr. John Rigdon; and
WHEREAS, he was a nationally recognized conservationist, and a recipient of the National Watershed Congress Award; and
WHEREAS, he was recently elected President of the Georgia Soil and Water Conservation Districts, and was named "Conservationist of the Year" by the Georgia Sportsman Federation; and
WHEREAS, the Bull Creek Park was recently renamed the "John Rigdon Park" in tribute to his leadership in developing the entire Bull Creek watershed project; and
WHEREAS, he served as county commissioner for 12 years, and served as president of the Association of County Commissioners of Georgia; and
WHEREAS, he was conscientiously involved in the religious and civic affairs of his community.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby expressed at the passing of Mr. John Rigdon and deepest sympathy is hereby ex tended to members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the family of John Rigdon.

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HR 46. By Messrs. Ware of the 65th, Gignilliat of the 105th, Berry of the 86th and others:

A RESOLUTION.
Expressing sympathy at the passing of George Ellis Shehane; and for other purposes.

WHEREAS, on Sunday, September 24, 1972, all of the citizens of the State of Georgia, especially the veterans of this State, suffered an incalculable loss when George Ellis Shehane passed away; and
WHEREAS, Mr. Shehane was born at Crawford in Oglethorpe County one-half century ago; and
WHEREAS, he attended the public schools in Oglethorpe County and joined the United States Navy shortly after graduation and rose to the rank of Chief Petty Officer before he retired after more than twenty years of service; and
WHEREAS, he served during World War II, the Korean Conflict and Vietnam War; and

WHEREAS, he was assigned to Naval Intelligence for many years and served as an Attache with the American Embassy in Cairo, Egypt; and

WHEREAS, he served for over ten years with the Georgia De partment of Veterans Service, and he was Assistant Director of the Department at the time of his death; and
WHEREAS, he also served as a Service Officer with the Ameri can Legion for over ten years; and

WHEREAS, he was dedicated to the welfare of all veterans and their widows and orphans, and he persevered when other faltered; and
WHEREAS, he was one of the kindest, most considerate and most accommodating individuals ever chosen to deal directly with veterans and their families concerning personal problems; and
WHEREAS, although some of his work was heartbreaking he never appeared to let it affect him emotionally, and he doggedly con tinued to work on a case even in the face of insurmountable resistance and opposition; and
WHEREAS, his untimely death is mourned not only by thousands of veterans throughout the State of Georgia but by all people who admire ability, courage, determination and extraordinary talent.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest

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regret at the untimely passing of George Ellis Shehane and further extends its sincere sympathy to his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. George Ellis Shehane and to Mr. Pete Wheeler, Director of the Georgia Department of Veterans Service.

HR 47. By Messrs. Willis of the 119th and Egan of the 25th:
A RESOLUTION.
Expressing regret at the passing of Mrs. Mayo Livingston, Jr.; and for other purposes.
WHEREAS, Mrs. Mayo Livingston passed away on January 9, 1973; and
WHEREAS, she was the daughter of Mr. and Mrs. Joe Laslie of Decatur County; and
WHEREAS, Mrs. Livingston enjoyed a reputation of being a gracious and gentle lady of the highest integrity; and
WHEREAS, she was a dedicated wife and the mother of three, fine sons, Mayo III, Joseph and Charles; and
WHEREAS, during her eventful life, Mrs, Livingston provided an inspiration to her community through her many contributions to the civic, religious, educational and political life of her community.
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, Mrs. Mayo Livingston, Jr.
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 Mrs. Mayo Livingston, Jr.

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

HB 3. By Mr. Davis of the 85th:
A Bill to be entitled an Act to provide that persons arrested for violat ing 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.

The following amendment was read and adopted:
Mr. Alexander of the 38th moves to amend HB 3 by deleting from lines 12 and 13 the words "alleged to have been committed outside the corporate limits of any municipality".

The following amendment was read:
Mr. Williams of the 9th moves to amend HB 3 by adding to line 13 after the word "municipality" the following:
"and for a violation of the weight limitations statutes govern ing trucks in the State".

On the adoption of the amendment, the ayes were 71, nays 29.

The amendment was adopted.

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

On the passage of the Bill, as amended, the ayes were 118, nays 1.

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

HB 7. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 81-1402, relating to granting continuances for attendance on the General Assembly by party or counsel, so as to change the provisions relative to granting continuances for such purposes; and for other purposes.

The following amendment was read and adopted:
Messrs. Howard of the 19th, Roach of the 8th and Larsen of the 102nd move to amend HB 7 as follows: By inserting in line 23 of page 1, after the word "thereof", the following: "and during the first three

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weeks of any recessed or adjourned regular or extra-ordinary session thereof,".

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

On the passage of the Bill, as amended, the ayes were 121, nays 0.

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

HB 8. By Mr. Murphy of the 18th: 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.
By unanimous consent, further consideration of HB 8 was postponed until Monday, January 15, 1973, immediately after the period of unanimous consents.
HB 9. By Mr. Murphy of the 18th: 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 relating to continuing or delaying a hearing before 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 ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The hour of 11:45 o'clock having arrived, pursuant to HR 6, adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address by His Excellency Governor Jimmy Carter, was called to order by the President of the Senate.
The Resolution calling for the Joint Session was read.

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155

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

The President of the Senate, Lieutenant Governor Lester G. Maddox, in troduced the Governor who delivered the following address:
Lieutenant Governor Maddox, Speaker Smith, Members of the Georgia Senate and House of Representatives and my fellow Georgians:
This budget and its major provisions were discussed with your legis lative leaders six weeks ago, and your budget analyst had a com pleted copy when it was sent to the printers. Never before has this relationship been established between a governor and the General Assembly.
The budget document on your desk was printed by state personnel, at about one-half the cost of last year's budget. I think you will like its quality and format.
This state budget of $1.661 billion proves that we can meet the growing needs of Georgia's people, set local governments back on their financial feet, grant the first statewide tax relief in history, and ade quately prepare for the future--all without a tax increase. And I can tell you that there will not be any tax increases in the next two years while I am Governor of Georgia.
This budget is lean on administration and fat on services to our people.
We are taking bold initiatives in delivering adequate health care, equalizing educational opportunity, purifying land, air and water, halt ing the growth of welfare rolls, preserving our state's heritage, protect ing our people, providing adequate transportation, and increasing jobs and trade--all without trying to pass the buck to the federal government.
Beginning last April, this budget was hammered out after hundreds of hours of personal conferences between me and the department heads, and thousands of hours of hard labor by our staffs.
Budget analysts and planners worked as teams in all departments in constantly comparing the previous budget with daily spending needs. Their efforts have paid off. At the end of the last two fiscal years, there have been more than $45 million in lapsed funds.
This budget includes $91.5 million in revenue sharing funds, which is a 2% year allotment. I think revenue sharing is a big hoax and a mistake. It is a massive handout from an already massive federal deficit. Now we are having to suffer from under-the-table cuts in fed eral funds for mental health, family planning, highway construction, small business loans, housing, farm and conservation programs, em ployment security and education. Some of these programs were vital to our people, and in this budget we are necessarily picking up the tab.

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We would be better off without revenue sharing, but nevertheless we must spend these funds wisely. I hope that you all will study this new law thoroughly. There are pitfalls for unwary state and local gov ernments which I believe we have avoided. With the exception of the student aid program, we shall spend this money on non-recurring items, paying cash for necessary capital improvements.

Now let me outline the budget and its seven programs, hitting the highlights of a complete and complicated document.
I discussed the Minimum Foundation Program for Education in my speech to you Tuesday. During the past year we analyzed the school systems of Georgia to determine which parts of an adequate education effort were being financed by local systems. The top priority items are recommended for inclusion in the MFPE, and the cost of them is about $31 million in state funds.
A heavy emphasis is being placed on vocational education, the first phase of a complete early childhood development program, an addi tional 1200 special education teachers, $10.5 million for classroom modernization, 10 new comprehensive high schools, and vocational pro grams in our junior colleges.
$15 million has been included to equalize the quality of enrichment programs between rich and poor counties as explained in my State of the State message.
A new formula has been devised for University system financing which is simple, accurate, and can be compared each year to actual expenditures.
Vesting rights are being lowered from twenty years to ten years, and the health and life insurance programs for university personnel equalized with those of other state employees.
Last fall we had our first reduction in freshman and sophomore college enrollment. We have never had an adequate student aid program for those seeking career education after leaving high school. Student loans are more difficult to obtain from local banks. Scholarships are available only in a few study areas. Superintendent Nix, Chancellor Simpson and I have jointly requested a complete analysis of our student aid program. Funds are included in this budget to implement partially the recommendations of this study. The emphasis is on financial need of the student and career education.
New junior colleges will go into operation in Dublin and Atlanta.

All of these improvements cost $130 million, an increase of 28%. This is certainly money well invested. Including federal funds, we will be spending more than $1.065 billion on programs involving intellectual
enrichment.

This next year we shall begin to implement improvements recom-

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mended strongly by Georgia's dentists. They simply cannot provide com plete dental care for our people, and we must initiate an adequate pro gram to prevent tooth decay and related physical ailments. $1.2 million is needed for fluoridation of water, dental care for medically indigent children, pre-school dental screening, and emergency care for medicaid eligibles.

We have $900,000 included for emergency medical services, including ambulances.

Georgia is number one--in venereal disease and we must give this honor to another state,

$130,000 is included to implement the two laws passed last year for a sickle cell anemia program.

We will participate with the federal government in raising pay ments to the blind, disabled and aged by $7.00 a month, and for chil dren without fathers by $2 per month. This will be the first time that such a family of five will have as much as $1 per day for food, clothing, medical care and shelter.

This budget assumes part of the vital programs eliminated when Title IV-A funds were abruptly cut off, costing our people $20 million and 3000 jobs.

With this budget we can claim major progress in dealing with the worst drug problem of all--the 100,000 Georgians who are alcoholics.

Perhaps most importantly of all, we can now see clearly an ade quate mental health program assured for all Georgians, based on brief and effective institutional care in regional hospitals and a heavy em phasis on routine treatment and training in the patient's own com munity.

Including federal funds, about three-fourths of a billion dollars will be spent in the programs of human development.

At the present time, the President is only allotting to the States for Interstate highway construction about one-half the Highway Trust Funds being collected. This delays completion of the Interstate system, and of course construction costs go up greatly with each delay. We are requesting $5 million in bond money to finance immediately about $60 million in Interstate highway construction. By this method we may be able to move up completion dates by as much as two years, and then let the delayed trust fund payments be used to retire the bonds.

Also, $2 million is being requested by the Department of Trans portation to begin planning of the West Georgia tollway.

We also want to speed up aviation and mass transit development in the urban communities throughout Georgia.

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You may be interested in knowing that $342 million will be spent for transportation and communication.

Although we are moving forward rapidly in all areas of economic development, there are two items which deserve special attention:

We have had remarkable success recently in promoting interna tional trade and in attracting foreign investments to Georgia. Literally millions of dollars in new payrolls are being provided for Georgia workers. Another Japanese plant will be announced in the next few days. We need to establish two small offices in foreign nations--one in Brussels and the other in Tokyo--and provide part-time representa tives in Latin America. This will pay us rich dividends.

You have also authorized the building of a World Congress Center in Atlanta at a cost of more than $30 million. The legislature should consider this request carefully, examine the proposed site and basic design, and then approve the funding.

Another major program area is protection of persons and property. We shall need some additional funds to enforce consumer protection laws and to carry out provisions of the Occupational Safety and Health Act. The criminal justice information system which is already being established will provide all Georgia law enforcement agencies informa tion about crimes and criminals. Two multi-purpose correctional in stitutions are needed in the Macon and Atlanta areas.

The 1935 Department of Defense headquarters is dilapidated and must be replaced with a building which can also give us a much needed emergency operations center for national or state emergencies or dis asters.
The last specific program is natural environment. With the excep tion of forestry (which is still an isolated agency), we now have a unified, well planned and coordinated single department to enhance the protection, development, enjoyment and use of our natural resources.

We have some problems to overcome. Last year we lost 124 lives to drowning, and our lakes are becoming ever more crowded. Our underground water supplies are in danger. We have 10,000,000 visitors annually to overcrowded and underdeveloped state parks. We have in adequate wildlife management areas--far short of the two million acres needed to serve Georgia's hunting public. We have never provided any state funds for water quality control or solid waste management. Rec reation programs at the state and local level are inadequate--both for the normal and the afflicted Georgian.

This budget will make it possible for us to begin meeting all of these needs.

Ever since I was a member of this body and began to travel and to love this state, I have been painfully aware that we are neglecting our wealth and natural and historic sites. This past year the Georgia Heritage Trust was formed, and a commission of fifteen distinguished

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citizens examined and assessed more than 2000 locations throughout Georgia. Thirty or forty were determined to be of crucial importance, many of them in danger of impending destruction. In most instances the present owners are willing and even anxious to have the state ac quire them at surprisingly low prices.

I am recommending the appropriation of $17 million for this project, although three times that amount is needed.

It would be a catastrophe to lose Wormsloe, which the state can obtain for 5% of its assessed value. This is a tract granted to Noble Jones by King George II, rich in history and beauty.

Lewis Island in the Altamaha River is available to us for $75 per acre, and contains the only major stand of virgin cypress in Georgia-- trees sixteen feet around and 1300 years old.

Jarrell Plantation in Jones County is offered to the state free of charge and it is truly a living history of plantation life during the past 150 years.

I have personally visited these and other sites and have been thrilled by their beauty and excited by their importance to Georgians now and for generations to come. I want to emphasize the urgency of acting now. The clock of commercial development is ticking away our chances, and the bulldozer of misguided progress is awaiting the signal to destroy your heritage and mine.

The forest industry is one of the most important in Georgia, and in spite of fine work being done by Ray Shirley, it is producing at only a fraction of its capacity. Forestry is not appreciated enough by Geor gia's people, its potential is not enmeshed with needs in recreation and game and fish management, and enthusiastic long-range planning and research are inadequate.

Excessive property taxes are a constant threat to timber produc tion, and small landowners simply have no way to maximize growth of wood per acre, nor to plant or replant harvested areas. The forest in dustry has little voice in environmental matters which may soon be come the most important factors in its economic life.

All these problems can be solved by a concerted effort by the De partment of Natural Resources. Legislation will be introduced to bring about the merger of these two departments.

In closing let me mention a group of recommendations made by the fifty people who worked all year analyzing the local governments of Georgia and their needs. The recommendations have been published in this 160 page book, and summarized in this pamphlet. Any Georgian who wants one can stop by my office or write me for a copy. It is a fine report, and I am proud of it. Let me mention a few items.
The $50 million tax refund proposed several weeks ago has now

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boiled down to a simple issue: Who gets the refund. Simply put, are the benefits going to every taxpaying Georgian except those who live in public housing as proposed in HB 80 or is the vast majority of the re fund going to a few farm and timber magnates, corporations, utilities and landlords?

You have heard about a 95-5 plan (now apparently abandoned after close examination), then a rebate to county commissioners (now ap parently abandoned after close examination) and now a rebate to local school boards (which so damages the educational system that it seems to be in direct violation of the federal court decisions in Texas and California).

You should slow down and examine both proposals closely. Con trary to what you have been told, there is no hurry. The appropriation bill does not depend on how a refund is made, just how much. I believe there is agreement on the amount of $50 million.

One bill amends the Minimum Foundation Program, and the other amends the income tax code. They are both in the appropriations com mittee. I certainly do not doubt the Speaker's judgment because this gives one committee a chance to look at both bills.

In all the controversy, let us remember the two important questions: 1. Should we have a property tax refund of $50 million? 2. Who gets the benefit?

A total of $88 million has been included in the budget to carry out these local government recommendations.

This will result in better and more uniform services and in sub stantial property tax relief. At the same time, there is no encroach ment on local authority or independence.

This is a good, tight, conservative and adequate budget.

I am proud of it, and am eager to work with you while it is being examined during the next few weeks.

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.

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The Speaker announced the House would be in recess until 4:00 o'clock, P.M.

The Speaker called the House to order.

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

HR 57-161. By Messrs. Mulherin of the 81st, Bohannon of the 64th, Dent of the 78th, Dollar of the 63rd, Patterson of the 64th and others:
A Resolution designating the Lucy Laney High School Marching Band and the Douglas County High School "Tigers" Band as the official representatives of the State of Georgia to the inauguration of the Honorable Richard M. Nixon; and for other purposes.

Mr. Floyd of the 5th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1. Do Pass, by Substitute. Respectfully submitted, Floyd of the 5th, Chairman.

Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 57. Do Pass.

Respectfully submitted, Northcutt of the 68th, Secretary.

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Mr. Marcus of the 26th District, Vice-Chairman of the Committee on Health and Ecology submitted the following report:

Mr. Speaker:

Your Committee on Health and Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the with the following recommendation:

HB 51. Do Pass.

Respectfully submitted, Marcus of the 26th, Vice-Chairman.

Mr. Busbee of the 114th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Friday, January 12, 1973

The House met pursuant to adjournment at 9:00 A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. George Bennett, Pastor, First Baptist Church, Buchanan, Georgia:
Our Father:
Help us to stand today, for whatever is pure and true and just and good: for the advancement of our Country, our State, our counties and our cities.
Our Father, today,
Help us put right before interest.
Help us put others before self.
Help us put the things of the Spirit before the things of the body.
Help us put principles above reputation.
Help us put Thee before all else.
Father, you have said,
"If my people, which are called by my name, shall humble them selves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land."
This is our prayer, because we know that You are the way, the Truth and the Life.
AMEN.

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

Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct

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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 143. By Messrs. Savage of the 30th and Bennett of the 124th:
A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, so as to provide that each registered voter, regardless of party affiliation, shall be entitled to participate in the nomination of candi dates for public office by each political party in the primary; and for other purposes.
Referred to the Committee on State of Republic.

HB 144. By Messrs. Ncrthcutt of the 68th, Farrar of the 52nd, Adams of the 14th, Tolea of the 16th, Lowrey of the 15th, Pinkston of the 89th, Mat thews of the 122nd and VvTheeler of the 127th:
A Bill to be entitled an Act to amend the Act creating the Public School Employees' Retirement System, so as to provide for the retirement of members who became disabled; and for other purposes.
Referred to the Committee on Retirement.

HB 145. By Messrs. Northcutt of the 68th, Matthews of the 122nd, Adams of the 14th, Toles of the 16th, Lowrey of the 15th, Pinkston of the 89th, Wheeler of the 127th and Patten of the 123rd:
A Bill to be entitled an Act to amend the Act creating the Public School Employees' Retirement System, so as to provide for addi tional retirement dates; and for other purposes.
Referred to the Committee on Retirement.

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165

HB 146. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill to be entitled an Act creating the Sheriffs' Retirement Fund, so as to reduce the retirement age of those members of the Fund who have ceased to hold office of sheriff and who are otherwise eligible to receive retirement benefits except for the ones not having reached the age of 60 years; and for other purposes.
Referred to the Committee on Retirement.

HB 147. By Messrs. Northcutt of the 68th and Adams of the 14th: A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the Insurance Contract in General, as amended, so as to provide that all insurance contracts of accident and sickness insurance, shall provide that the insured shall have full freedom of choice in the selection of certain doctors for the treatment of any illness or injury within the scope of his practice; and for other purposes.
Referred to the Committee on Health and Ecology.
HB 148. By Messrs. Northcutt of the 68th, Adams of the 14th, Toles of the 16th, Lowrey of the 15th, Farrar of the 52nd, Pinkston of the 89th, Matthews of the 122nd, Wheeler of the 127th and Patten of the 123rd: A Bill to be entitled an Act to amend the act creating the Public School Employees' Retirement System, so as to provide for an increase in re tirements; and for other purposes.
Referred to the Committee on Retirement.
HB 149. By Messrs. Evans and Brown of the 89th: A Bill to be entitled an Act to repeal Code Section 26-9908, relating to the violation of the Sabbath Day; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 150. By Messrs. Mauldin of the 13th, Farrar of the 52nd and Coney of the 89th: A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to change the provisions relative to funds for vocational schools; and for other purposes.
Referred to the Committee on Education.

HB 151. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend an Act creating the Georgia In surers Insolvency Pool which provides a remedy for covered claims under property and casualty insurance policies when the insurer has

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become insolvent, so as to redefine "insurer", "company" and "insolvent insurer"; and for other purposes.
Referred to the Committee on Insurance.

HB 152. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Title 56, relating to insur ance, so as to provide that applicants for surplus lines brokers licenses must be examined; to provide for special reserve for bail and judicial bonds; and for other purposes.
Referred to the Committee on Insurance.

HB 153. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to provide that no individual firm, cor poration or business shall install or sell certain automatic hot water tanks or heaters without approval relief valves; and for other purposes.
Referred to the Committee on Industry.

HB 154. By Messrs. Jordan of the 58th, Farrar of the 52nd, Smith of the 91st, Dean of the 17th, Hudson of the 115th, Wheeler of the 13th, Adams of the 36th, Blackshear of the 106th, Murphy of the 18th and others:
A Bill to be entitled an Act to amend an Act entitled "The Act creating the Public School Employees' Retirement System" so as to provide for early retirement; to provide for the vesting of retirement benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 155. By Messrs. Wheeler of the 127th, Bohannon of the 64th, Patterson of the 64th, Cole of the 6th and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act authorizing a self-in surance 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 156. By Messrs. Brown of the 67th, Burton of the 47th, Wheeler of the 13th and Larsen of the 27th:
A Bill to be entitled an Act to amend Code Section 79A-406, relating to the annual registration of pharmacists, so as to provide education re quirements as a prerequisite to the issuance of an annual certificate of registration; and for other purposes.
Referred to the Committee on Health and Ecology.

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1ST

HB 157. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act amending and revising the adoption laws and providing for an investigation and report to superior court in which an adoption is filed, so as to repeal the provision con tained in subsection (2) of Section 3; and for other purposes.
Referred to the Committee on Human Relations.

HB 158. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Chapter 79-5, relating to the change of names of individuals, so as to provide that before the name of a minor can be changed the petitioner must obtain the written eonsent of the parent (s) if they are living and have not abandoned the child; and for other purposes.
Referred to the Committee on Judiciary.

HB 159. By Mr. Buck of the 87th:
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 widows' benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 160. By Messrs. Kreeger and Burruss of the 21st and Duke of the 20th: 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 provide for the payment of refunds to certain taxpayers or county tax officials under certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.
HB 161. By Messrs. Dorminy of the 115th, Grahl of the 88th, Alien of the 108th, Hutchinson of the 114th, Mauldin of the 13th, Carr of the 80th, Adams of the 7th, Matthews of the 122nd and Patten of the 123rd: A Bill to be entitled an Act to amend an Act providing for forest fire protection, so as to provide that funds necessary to carry out the pro visions of said Act shall be provided from State funds; and for other purposes.
Referred to the Committee on Natural Resources.
HR 48-161. By Messrs. Bennett, Patten and Reaves of the 124th: A Resolution compensating Mr. James E. Stanbury; and for other pur poses.
Referred to the Committee on Appropriations.

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HR 49-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mobile Home Industries, Inc. of Tallahassee, Florida; and for other purposes.
Referred to the Committee on Appropriations.

HR 50-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mrs. Billy W. Campbell; and for other purposes.
Referred to the Committee on Appropriations.

HR 51-161. By Messrs. Bennett and Patten of the 124th:
A Resolution compensating Mrs. Nancy Nix Cowart; and for other purposes.
Referred to the Committee on Appropriations.

HR 52-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mr. Eugene L. Raulerson and Jiffy Food Stores of Georgia, Inc.; and for other purposes.
Referred to the Committee on Appropriations.

HR 53-161. By Messrs. Bennett, Patten and Reaves of the 124th: A Resolution compensating Mrs. Era S. Davis; and for other purposes.
Referred to the Committee on Appropriations.

HR 54-161. By Messrs. Rush of the 104th, Strickland of the 116th and Phillips of the 103rd:
A Resolution renaming the "Piney Bluff Bridge" spanning the Altamaha River on U. S. Highway 1 between Lyons and Baxley, the "Joseph Simmons Alexander, Sr. Memorial Bridge"; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 55-161. By Mr. Toles of the 16th: A Resolution adopting a State Poem; and for other purposes.
Referred to the Committee on Rules.

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HR 56-161. By Messrs. Savage of the 30th, Wheeler of the 127th, Phillips of the 103rd, Matthews of the 122nd, Bennett of the 124th and Lane of the 76th:
A Resolution proposing an amendment to the Constitution so as to pro vide that a Governor may succeed himself but may not serve more than two terms; and for other purposes.
Referred to the Committee on State of Republic.

HB 162. By Messrs. Dean of the 17th, Matthews of the 122nd, Nessmith of the 76th, Colling of the 122nd, Reaves of the 124th, Lane of the 76th and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for minimum retirement benefits for certain members who have previously retired; and for other purposes.
Referred to the Committee on Retirement.

HB 163. By Messrs. Ware of the 65th, Strickland of the 116th, Knight of the 65th, Williams of the 9th, Irwin of the 113th, Mullinax of the 65th, Rush of the 104th and others:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of a motor fuel tax and exemptions therefrom, so as to pro vide that motor fuels other than gasoline, when purchased under cer tain conditions for nonhighway purposes shall not be subject to the motor fuel tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 164. By Messrs. Lambert of the 97th and Wood of the 9th:
A Bill to be entitled an Act to amend the Georgia Insurance Code, so as to add a new Code Section 59-322 prohibiting lending institutions and public utilities, and their holding companies from engaging in selling insurance in places exceeding 5,000 population, except for credit life, accident and sickness insurance; and for other purposes.
Referred to the Committee on Insurance.

HB 165. By Messrs. Busbee of the 114th, Pinkston of the 89th, Triplett of the lllth, Beekham of the 82nd, Connell of the 80th, Wamble of the 120th, Dean of the 60th and Chance of the 112th:
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 change the provisions relative to bank holding companies; and for other pur poses.
Referred to the Committee on Banks and Banking.

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HB 166. By Messrs. Pinkston and Evans of the 89th:
A Bill to be entitled an Act to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 167. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Alien of the 108th, Hill of the 110th, Blackshear of the 106th, Triplett of the lllth and Chance of the 112th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to extend the exemptions and immunities accorded to all amounts paid by local school retirement systems for the account and benefit of members of such local systems; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 168. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th, Hill of the 110th, Ellis of the 107th, Triplett of the lllth and Chance of the 112th:
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"; and for other purposes.
Referred to the Committee on Retirement.

HB 169. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Alien of the 108th, Hill of the 110th, Blackshear of the 106th, Triplett of the lllth and Chance of the 112th:
A Bill to be entitled an Act to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be used for school lunch and extracurricular ath letic and band purposes; and for other purposes.
Referred to the Committee on Education.

HB 170. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to fix the salaries of the Judges of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County, and the Judges of the Juvenile Court, and the Judge of the Court of Ordinary of Fulton County; and to provide for the minimum annual compensation of said judges; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 171. By Messrs. Buck of the 87th and Ware of the 65th:
A Bill to be entitled an Act to authorize the governing authority in each county to require the recording and posting of hotel and motel rate schedules; and for other purposes.
Referred to the Committee on Industry.

HB 172. By Mr. Dean of the 54th:
A Bill to be entitled an Act to require all students and teachers to wear certain eye protective devices when participating in certain courses of instruction; to provide for rules and regulations; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 173. By Mr. Brown of the 89th:
A Bill to be entitled an Act to amend Code Chapter 113-10, relating to distribution, advancements and year's support, so as to provide that a husband may petition and receive a year's support from the estate of his deceased wife; and for other purposes.
Referred to the Committee on Judiciary.

HB 174. By Mr. Brown of the 89th:
A Bill to be entitled an Act to provide that a current and otherwise valid driver's license may be deposited as bail whenever any person is arrested and charged with a violation of the traffic regulations of of this State except in certain serious offenses; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 175. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to authorize reduction in length-of-service requirement for not-in-line of duty disability pension benefits for po licemen in municipalities with over 150,000 population; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 58-175. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution to authorize increases in pension benefits for members of a pension fund already retired from employment with any municipal corporation; and for other purposes.
Referred to the Committee on Retirement.

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HB 176. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to provide credit for prior service to gen eral employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances; and and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 177. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to authorize reduction in length-of-service requirement for not-in-line of duty disability pension benefits for fire men in municipalities with over 150,000 population; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 178. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to authorize reduction in length-of-service requirement for not-in-line of duty disability pension benefits for gen eral employees and school teachers in municipalities with over 150,000 population; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HE 59-178. By Mr. Irvin of the 10th:
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.

HB 179. By Messrs. Murphy of the 18th and Dean of the 17th:
A Bill to be entitled an Act to amend Code Section 88-1709, relating to birth registrations so as to require the Department of Human Re sources to forward a copy of the birth certificate of a child to the custodian of records of the county of residence of the mother when the birth occurs in a county other than the residence; and for other purposes.
Referred to the Committee on Human Relations.

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

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173

HB 81. By Messrs. Odom, Lee, Busbee and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act establishing: an annual salary for the Ordinary of Lee County in lieu of the fee system of com pensation, so as to provide for a clerk and other clerical assistants for said Ordinary; and for other purposes.

HB 82. By Messrs. Odom, Busbee, Lee and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lee County and providing in lieu thereof an annual salary, so as to change the salary of said clerk; and for other purposes.

HB 83. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 4-2, relating to relations between a principal and agent, so as to change the provisions relative to the termination and revocation of an agency relation; and for other purposes.

HB 84. By Messrs. Lee of the 114th, Adams of the 14th and Wamble of the 120th:
A Bill to be entitled an Act to provide for a local option income tax; and for other purposes.

HB 85. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the "Ombudsman Chapter of the Charter of the City of Atlanta"; and for other purposes.

HB 86. By Messrs. Dean of the 54th and Alexander of the 39th:
A Bill to be entitled an Act to create the Consumer Affairs Advisory Commission; and for other purposes.

HB 87. By Messrs. Howell of the 118th and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing an Em ployees' Retirement System, so as to provide that certain members of the Employees' Retirement System are entitled to poor service credit while so employed; and for other purposes.

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HB 88. By Messrs. Howell of the 118th, Larsen of the 102nd, Bray of the 66th, Keyton of the 121st, Turner of the 3rd, Bohannon of the 64th, Connell of the 80th, McDonald of the 12th, Edwards of the 95th, Davis of the 56th and Willis of the 119th:
A Bill to be entitled an Act to amend Code Section 34-1307, relating to the prohibition of certain campaign activities within certain dis tances of polling places, so as to remove the exemption granted to can didates; and for other purposes.

HB 89. By Messrs. Howell of the 118th, Bray of the 66th, Keyton of the 121st, Turner of the 3rd, Bohannon of the 64th, Lambert of the 97th, Edwards of the 95th, Larsen of the 102nd, Connell of the 80th and others:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to change the date upon which the general primary is held; and for other purposes.

HB 90. By Mr. Wall of the 61st:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to change the provisions authorizing the board to adopt and promulgate rules and regulations concerning paroles, pardons, probations, and remissions of fines and forfeitures; and for other purposes.
HB 91. By Mr. Levitas of the 50th:
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 or provide requirements which discriminate in the extending of credit or the making of loans on the basis of sex, race, religion or marital status; and for other purposes.

HB 92. By Messrs. Savage of the 30th, Horton of the 56th, Hudson of the 115th, Brown of the 67th and Roach of the 8th:
A Bill to be entitled an Act to amend Code Title 84, relating to pro fessions, businesses and trades, so as to change the provisions relating to expenses and per diem allowances of the Board of Dental Examiners; and for other purposes.

HB 93. By Mr. Levitas of the 50th:
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.

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HB 94. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act incorporating Peachtree City, so as to provide for additional territory which might be in corporated within said corporate limits; to stagger the terms of office of the councilman; and for other purposes.

HB 95. By Messrs. Levitas of the 50th and Harris of the 51st:
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; to provide which orders shall be appealable by the State; and for other purposes.
HB 96. By Messrs. Jordan of the 58th and Larsen of the 27th:
A Bill to be entitled an Act to provide a procedure for the review of certain applications for rezoning by certain state departments and boards of education and for the submission of certain reports in con nection therewith; and for other purposes.

HB 97. By Messrs. Pearce of the 87th, King of the 85th, Buck of the 87th, Berry of the 86th, Adams of the 84th and Davis of the 85th:
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 placed on such property by municipal or county tax assessors under certain circumstances; and for other purposes.
HB 98. By Messrs. Hutchinson of the 114th, Cole of the 6th, Milford of the 13th, Harris of the 8th, Strickland of the 116th, Jessup of the 102nd, Williams of the 9th, McDonald of the 12th, Wall of the 61st and others:
A Bill to be entitled an Act to amend an Act providing how motorcycles shall be operated, so as to require that the headlig'hts and rear lights of motorcycles shall be ignited during all hours of operation upon the public roads of this State; and for other purposes.
HR 25-98. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to provide that a sentence of death shall not be considered as cruel and unusual punishment; and for other purposes.

HR 26-98 By Mr. Alexander of the 38th:
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

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conviction of any crime, without further proceedings, upon an un conditional release from prison; and for other purposes.

HR 27-98. By Mr. Alexander of the 38th:
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 jurisdic tion to try, review, and correct errors of law from such State Court of Claims; and for other purposes.

HR 28-98. By Messrs. Snow and Hays of the 1st, Cole and Foster of the 6th:
A Resolution compensating Rutledge Chevrolet Company; and for other purposes.

HR 29-98. By Messrs. Savage of the 30th, Hudson of the 115th, Grantham of the 127th, Brown of the 67th and Carlisle of the 67th:
A Resolution proposing an amendment to the Constitution so as to provide that any increase in tangible property taxes by the General Assembly or a local governing body, shall be conditioned upon approval by a majority of the qualified voters of the state or political subdivision, respectively, voting in a referendum thereon; and for other purposes.

HR 30-98. By Messrs. Lane of the 40th, Adams of the 36th, Savage of the 30th and Stephens of the 37th:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000 from all Fulton County and Fulton County School ad valorem taxes for residents of Fulton County who are 65 years of age or over or disabled and who have a net income not exceeding $8,000 for the preceding taxable year; and for other purposes.

HR 31-98. By Messrs. Roach of the 8th, Levitas of the 50th and Harris of the 51st:
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 all constitutional courts; and for other purposes.

HR 32-98. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane of the 76th and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a

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177

person has been sentenced to life imprisonment for the crime of murder unless such person has served not less than 50 years of sentence; and for other purposes.

HB 99. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to be entitled an Act to provide for the disposition and applica tion of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties; and for other purposes.

HB 100. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to repeal the Charter of the City of Union City in Fulton County; and for other purposes.

HB 101. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to repeal the Charter of the City of Fairburn in Fulton County; and for other purposes.
HB 102. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to repeal the Charter of the City of East Point in Fulton County; and for other purposes.

HB 103. By Messrs. Lane of the 40th, Adams of the 36th and Horton of the 43rd:
A Bill to be entitled an Act to provide a new Charter for the City of College Park in Fulton and Clayton Counties; and for other purposes.

HB 104. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 68-602, relating to the exemption of certain motor vehicles from regulation as motor common carriers, so as to change the provisions relative to the exemp tion of motor vehicles operating within the corporate limits of munici palities; and for other purposes.
HB 105. By Messrs. Lee, Hutchinson, Odom and Busbee of the 114th:
A Bill to be entitled an Act to amend an Act creating the Dougherty Circuit, so as to change the provisions authorizing the governing authority of Dougherty Judicial Circuit to provide for a supplement to the Judge's salary; and for other purposes.

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HB 106. By Messrs. Alien of the 108th, Phillips of the 103rd, Dorminy of the 115th, Bostick of the 123rd, Wamble of the 120th, Vaughn of the 57th, Sweat of the 125th, Brown of the 67th and Howell of the 118th:
A Bill to be entitled an Act to provide methods of assessments for farm, forest, and other open space lands, and tangible property in corporate city limits; and for other purposes.

HB 107. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect an excise tax on the sale of tickets or other admission charges made by any person for events produced for public amusement; and for other purposes.

HB 108. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to refund to political subdivisions the amount of State tax paid on motor fuel purchased and used in motor vehicles owned by such subdivisions while operated on government business; and for other purposes.

HB 109. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize certain counties to impose, levy and collect a hotel-motel tax; and for other purposes.

HB 110. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize incorporated municipalities to impose, levy and collect an excise tax on the sale of meals; and for other purposes.

HB 111. By Messrs. Pinkston, Evans, Berlin and Coney of the 89th, Groover of the 75th and Harrington of the 93rd:
A Bill to be entitled an Act to provide the procedures whereby a permit must be obtained in order to disturb any place of burial of human remains for the purposes of development of such land; and for other purposes.

HB 112. By Messrs. Mullinax and Knight of the 65th, Bray of the 66th, Grahl of the 88th, Ware of the 65th, Pinkston of the 89th, Collins of the 122nd and Patten of the 124th:
A Bill to be entitled an Act to amend Code Chapter 84-17, relating to jewelry auctions, so as to regulate the sale at auction of other articles of personal property; and for other purposes.

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179

HE 113. By Messrs. Buck of the 87th and McDaniell of the 20th:
A Bill to be entitled an Act to be known as the Georgia Contractors Licensing Act; and for other purposes.

HR 33-113. By Mr. Hawes of the 43rd: A Resolution compensating Mr. James Tucker; and for other purposes.

HR 34-113. By Messrs. Alien of the 108th, Phillips of the 103rd, Dorminy of the 115th, Bostick of the 123rd, Wamble of the 120th, Vaughn of the 57th, Dixon of the 126th, Sweat of the 125th, Reaves of the 124th, Brown of the 67th, Howell of the 118th and Groover of the 75th:
A Resolution proposing an amendment to the Constitution to provide for the methods for assessment of farm, forest, and other open space lands which will promote the preservation of their existing use and further providing that property within municipal city limits shall be assessed according to its current use; and for other purposes.

HB 114. By Mr. Lane of the 40th:
A Bill to be entitled an Act to repeal the Charter of the City of Palmetto in Fulton and Coweta Counties; and for other purposes.

HB 115. By Mr. Lane of the 40th:
A Bill to be entitled an Act to repeal the Charter of the City of Hapeville in Fulton County; and for other purposes.

HB 116. By Messrs. Horton, Hawes and Greer of the 43rd and Marcus of the 26th:
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 117. By Messrs. Horton, Greer and Hawes of the 43rd and Marcus of the 26th:
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 118. By Messrs. Horton and Greer of the 43rd and Marcus of the 26th: A Bill to be entitled an Act to amend an Act establishing a new

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charter for the City of Atlanta, so as to enlarge and redefine the corporate limits; and for other purposes.

HB 119. By Messrs. Horton of the 43rd, Brown of the 34th, Greer of the 43rd, Marcus of the 26th, Bond of the 32nd and Mrs. Hamilton of the 31st:
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 120. By Messrs. Greer of the 43rd and Townsend of the 24th:
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 121. By Messrs. Marcus of the 26th, Brown of the 34th and Alexander of the 39th:
A Bill to be entitled an Act to characterize the document by which the Atlanta Board of Education requests the level of ad valorem millage to be assessed for educational purposes to be the instrument of levy when filed with the City Clerk; and for other purposes.

HE 35-121. By Messrs. Marcus of the 26th and Alexander of the 39th:
A Resolution proposing an amendment to the Constitution to repeal authority of counties having a city of 200,000 wholly or partly within their boundaries to levy up to 1.5 mills for education county-wide; and for other purposes.

HR 36-121. By Messrs. Marcus of the 26th and Alexander of the 39th:
A Resolution proposing an amendment to the Constitution to repeal the authority of DeKalb County to levy up to one mill county-wide for educational purposes; and for other purposes.
HB 122. By Mrs. Hamilton of the 31st:
A Bill to be entitled an Act to amend the new Charter of the City of Atlanta so as to authorize the governing authority to allow bridges over, and tunnels under, any highway, street, road or public way within such municipality under certain conditions to accommodate pedestrial traffic between private premises; and for other purposes.

HB 123. By Mr. Townsend of the 24th: A Bill to be entitled an Act repealing Fulton County population act

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181

requirement of transfer of employer pension contribution where em ployees voluntarily transfer between Atlanta and Fulton County; and for other purposes.

HB 124. By Mr. Adams of the 14th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide for the continuation of the membership in the Employees' Retirement System of certain employees of a State Court which was abolished by a constitutional amendment; and for other purposes.

HB 125. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Lee of the 114th, Hawes of the 43rd and Sams of the 83rd:
A Bill to be entitled an Act to repeal Section 59-705 of the Code of 1933 in its entirety; and to amend Code Chapter 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.

HB 126. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th and Morgan of the 70th:
A Bill to be entitled an Act to amend Code Chapter 27-7, relating to indictments, 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 have the charge or accusation against him heard by a grand jury; and for other purposes.

HB 127. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th and Morgan of the 70th:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to provide that on the trial of all criminal cases the jury shall give a verdict of guilty or not guilty, and the judge shall fix the sentence to be imposed in such case; and for other purposes.

HB 128. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Levitas of the 50th and Sams of the 83rd:
A Bill to be entitled an Act to create a Judicial Council of the State of Georgia; and for other purposes.

HB 129. By Messrs. Snow of the 1st, Russell of the 53rd and Dean of the 60th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and

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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.

HB 130. By Messrs. Snow of the 1st, Groover of the 75th, Tucker of the 69th and Morgan of the 70th:
A Bill to be entitled an Act to repeal Section 59-705 of the Code of 1933 in its entirety; and to amend Code Chapter 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.

HB 131. By Messrs. Snow of the 1st and Dean of the 60th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post trial procedure, so as to provide for interlocu tory appeals upon petition to the Supreme Court or Court of Appeals; and for other purposes.

HB 132. By Messrs. Snow of the 1st, Lee of the 114th, Tucker of the 69th, Morgan of the 70th, Levitas of the 50th, Bray of the 66th, Hawes of the 43rd and Sams of the 83rd:
A Bill to be entitled an Act to authorize district attorneys to grant immunity from prosecution to any witness in any criminal proceeding involving a felony; and for other purposes.

HB 133. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th, Morgan of the 70th, Bray of the 66th, Levitas of the 50th and Hawes of the 43rd:
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 134. By Messrs. Snow of the 1st, Tucker of the 69th, Russell of the 53rd, Dean of the 60th, Morgan of the 70th, Levitas of the 50th, Hawes of the 43rd and Lee of the 114th:
A Bill to be entitled an Act to amend Code Sections 27-405, Code Section 38-415, and Code Section 26-401 (a), so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other purposes.
HB 135. By Messrs. Snow of the 1st and Tucker of the 69th:
A Bill to be entitled an Act to provide for the establishment of the Office of State Defender; to provide for representation by counsel; and for other purposes.

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183

HR 37-135. By Messrs. Snow of the 1st, Tucker of the 69th and Lee of the 114th:
A Resolution proposing an amendment to the Constitution so as to provide that in civil and non-capital criminal cases the General Assembly may provide for a verdict by not less than three-fourths ofthe jury and may prescribe any number, not less than six, to constitute a trial or traverse jury; and for other purposes.

HR 38-135. By Messrs. Snow of the 1st, Lee of the 114th, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Dean of the 60th, Hawes of the 53rd and Sams of the 83rd:
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.
HR 39-135. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th, Russell of the 53rd, Hawes of the 43rd, Sams of the 83rd; Alexander of the 38th and Lee of the 114th:
A Resolution proposing an amendment to the Constitution so as to allow the General Assembly to insure 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.
HR 40-135. By Messrs. Snow of the 1st, Lee of the 114th, Dean of the 60th, Levitas of the 50th, Bray of the 66th, Hawes of the 43rd and Sams of the 83rd:
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.
HR 41-135. By Messrs. Snow of the 1st, Lee of the 114th, Russell of the 53rd, Dean of the 60th, Morgan of the 70th and Levitas of the 50th:
A Resolution proposing an amendment to the Constitution so as to provide for the terms of office, election, nomination, and appointment of certain justices and judges; and for other purposes.

HR 42-135. By Messrs. Snow of the 1st, Russell of the 53rd, Dean of the 60th, Morgan of the 70th, Levitas of the 50th, Hawes of the 43rd, Sams of the 83rd and Lee of the 114th:
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.

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HR 43-135. By Messrs. Geisinger of the 44th, Connell of the 80th, Egan of the 25th, Elliott of the 49th, Russell of the 53rd, Bostick of the 123rd, Jones of the 109th, Horton of the 56th, Burton of the 47th, Atherton of the 19th, Duke of the 20th and others:
A Resolution proposing an amendment to the Constitution so as to provide that the Governor serving at the time of the General Election in 1982 and any future Governor shall be eligible to succeed himself for one four-year term of office; and for other purposes.

HB 136. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to provide for the regulation of marketing agreements between petroleum distributors and gasoline dealers; to provide for declaration of policy; and for other purposes.

HB 137. By Messrs. Matthews and Logan of the 62nd, Ross of the 72nd, Lane of the 76th, Carrell of the 71st, Connell of the 80th, Patten of the 124th and others:
A Bill to be entitled an Act to amend an Act entitled "Executive Reorganization Act of 1972", so as to provide that the Board of Regents of the University System of Georgia shall be exempt from the provisions of said Act; and for other purposes.

HB 138. By Mr. Murphy of the 18th: 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 all State-paid employees of the judges and district attorneys of the superior courts of this State shall be subject to a merit system of employment; and for other purposes.
HB 139. By Mr. Lee of the 68th:
A Bill to be entitled an Act to provide for the establishment of standards of construction for mobile homes; and for other purposes.
HB 140. By Messrs. Smith of the 91st, Ployd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal year 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, 1973; and for other purposes.
HB 141. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to be entitled an Act to make and provide appropriations for

FRIDAY, JANUARY 12, 1973

185

the fiscal year beginning July 1, 1973, and ending June 30, 1974; and for other purposes.

HB 142. By Messrs. Brown, Evans and Pinkston of the 89th:
A Bill to be entitled an Act to create the Central-South Georgia Medical School Authority; and for other purposes.

HR 57-161. By Messrs. Mulherin of the 81st, Bohannon of the 64th, Dent of the 78th, Dollar of the 63rd, Patterson of the 64th, Miles of the 79th, Sams of the 83rd, Bohannon of the 82nd and Connell of the 80th:
A Resolution designating the Lucy Laney High School Marching Band and the Douglas County High School "Tigers" Band as the official representatives of the State of Georgia to the inauguration of the Honorable Richard M. Nixon; and for other purposes.

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 38-135. Do Pass. Respectfully submitted, Snow of the 1st, Chairman.

By unanimous consent, the following Bill of the House was withdrawn

from the Committee on Motor Vehicles and referred to the Committee on

Industry:

;,

HB 139. By Mr. Lee of the 68th:
A Bill to be entitled an Act to provide for the establishment of standards of construction for mobile homes; and for other purposes.

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

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HB 65. By Messrs. Snow of the 1st, Larsen of the 102nd, Morgan of the 70th, Peters of the 2nd, Bennett of the 124th, King of the 85th and Adams of the 14th:
A Bill to be entitled an Act to amend Code Chapter 69-7, relating to corporate, police and mayor's courts, so as to provide that the governing authority of any municipal corporation within this State having a corporate, police, recorder's or mayor's court may appoint a judge of such court; and for other purposes.

The following amendment was read and adopted:
Mr. Dollar of the 63rd moves to amend HB 65, line 23, after the word "court" by adding, "who shall be a resident of the same judicial circuit as the court is located in".

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, J. H. Adams, John Alien Atherton Bailey Beckham
Berlin Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole

Coleman Collins, M. Collins, S. Colwell Coney
Connell Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon
Dollar Dorminy Duke Edwards Elliott Ellis Evans Ezzard Farrar
Floyd, L. R. Foster Fraser Geisinger Gignilliat

Grantham Harrington Harris, J. F. Harris, J. R. Hawes
Hayes Hill, B. L. Hill, G. Horton, W. L. Howard Howell Hudson
Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton
King Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, W. W.

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187

Lee, W. J. (Bill) Lee, W. S.
Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell
McDonald Miles Morgan Moyer Mulherin Mullinax
Murphy Nessmith Northcutt

Odom Oxford Patten Patterson
Pearce Peters Phillips, L. L.
Pinkston Roach Rogers Ross Rush Russell, L. Russell, W. D. Sams Shanahan Smith, J. R. Snow Stephens Sweat

Thompson
Toles Townsend Triplett
Tucker Turner Twiggs Vaughn Waddle
Walker Wall Wamble
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Bennett Blackshear Bond Bray Burton Daugherty Davis, E. T. Dean, Gib Egan Floyd, J. H. Grahl Greer

Groover Hamilton
Harden Harrison Horton, G. T.
Irwin, J. R.
Knight Larsen, G. K. Lewis
MeCracken McKinney
Milford Nix

Noble Patten Petro Phillips, G. S.
Rainey Reaves Savage Shepherd Smith, V. B. Strickland Thomason
Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 138, nays 0.

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

HB 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th, Connell of the 80th, Lambert of the 97th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program an Act to amend an Act known as the "Minimum from funds appropriated by the General Assembly, for the reduction of the amount of funds that each local unit of administration is required

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to raise to support its Minimum Foundation Program of Education; and for other purposes.

The following committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act" approved January 24, 1964, (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved March 27, 1S72 (Ga. Laws 1972, p. 406), so as to provide for a credit, from funds appropriated by the General Assembly, for the reduction of the amount of funds that each local unit of administration is re quired to raise to support its Minimum Foundation Program of Edu cation; to provide for procedures and requirements relative to such credit; to provide for all matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. 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 March 27, 1972 (Ga. Laws 1972, p. 406) is hereby amended by adding a subsection at the end of Section 22 to be designated subsection (d) and to read as follows:
"(d) The amount of funds that each local unit of administra tion is required to raise by the calculations described in the pre ceding subsections of this Section to support its Minimum Founda tion Program of Education shall be reduced by a credit, from funds appropriated by the General Assembly, of an amount equal to at least fifty dollars ($50.00) multiplied by such unit's number of pupils in average daily attendance for the first four months of the preceding school year. In no event, however, shall the credit to any local unit of administration exceed the amount of funds that such local unit is required to raise by the calculations de scribed in the preceding subsections of this Section. The effective date of this subsection shall be July 1, 1973.
Beginning with the calendar year 1973, each local unit of administration shall annually determine the total budget for local funds required by it for the operation of schools for the ensuing fiscal school year, and the millage rate required to generate such funds. Having so determined such amount and rate, said local unit of administration shall deduct from said amount the credit provided for herein and recompute the millage necessary to raise the resulting amount. Having so determined the resulting millage, the local unit of administration shall certify the same accordingly to the taxing authority which levies ad valorem taxes for school purposes.

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189

Each ad valorem tax bill shall show on a pro rata basis, the dollar amount of the reduction of local taxes required for the support of the Minimum Foundation Program of Education result ing from the credit provided for herein.

The taxing authority of each local unit of administration shall publish annually once a week for four v/eeks in a newspaper of general circulation in its respective county, in a prominent manner, a notice which shall contain the following information:

(1) The tax millage rate for educational purposes for the immediately preceding calendar year; and

(2) The tax millage rate for educational purposes for the current calendar year before deducting the credit provided for herein; and

(3) The tax millage rate for educational purposes for the current calendar year after deducting the credit provided for herein; and

(4) The total amount of funds required for local support of the Minimum Foundation Program of Education before deducting the total amount of the credit provided for herein; and

(5) The total amount of funds required for local support of the Minimum Foundation Program of Education after deducting the total amount of the credit provided for herein.

The State Revenue Commissioner is hereby authorized and directed to promulgate rules and regulations governing the form of the tax bill and notice provided for herein."

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, 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 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 upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Egan of the 25th moved that further consideration of HB 1 be postponed until Tuesday, January 16, 1&73, immediately after the period of unanimous consents.

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Mr. Groover of the 75th moved the previous question be ordered.

On the motion to order the previous question, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, Marvin
Bailey Bennett Berlin
Berry Brantley, H. L.
Bray Brown, C. Buck
Busbee Carr Carrell Chance Coleman Collins, M.
Colwell Connell Dean, N. Dent Dollar
Dorminy Ezzard Farrar Floyd, J. H. Fraser Gignilliat Grahl Grantham
Groover Harden Harris, J. F.

Harrison Hays Hill, G. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson
Keyton King Knight Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lowrey Mason Matthews, C.
Matthews, D. R. Mauldin Miles Milford Morgan Mulherin Mullinax Murphy Nessmith Northcutt Oxford

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Blackshear Bohannon Bond

Brantley, H. H. Burruss Burton Carlisle Castleberry Clark Cole Collins, S. Coney Daugherty

Patten, G. C. Patten, R. L. Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Shanahan Smith, J. R. Snow Sweat Toles Tucker Twiggs Vaughn Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood
Davis, E. T. Davis, W. Dean, Gib Dickey Dixon Duke Egan Elliott Ellis Evans

Ployd, L. R. Foster Geisinger Greer Hamilton Harris, J. R. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howard Irvin, R. Jones
Jordan Kreeger

FRIDAY, JANUARY 12, 1973

191

Lane, Dick Larsen, G. K.
Lee, W. S. Levitas Lewis Marcus
McDaniell McDonald
Moyer Nix Noble Odom Patterson
Petro

Pinkston Russell, J. Russell, W. D. Sams Savage Smith, V. B. Stephens Thompson Townsend
Triplett Turner
Waddle Walker Wilson, J. M.

Those not voting were Messrs.:

Bostick Brown, B. D. Brown, S. P. Dean, J. E.
Edwards

Harrington Logan McCracken McKinney

Shepherd Strickland Thomason Mr. Speaker

On the motion, the ayes were 94, nays 73.

The motion prevailed and the previous question was ordered.

An amendment, offered by Mr. Collins of the 45th, was read and lost.

An amendment, offered by Mr. Lane of the 40th, was read and lost.

The following amendment was read and adopted:
Mr. Levitas of the 50th moves to amend the committee substitute on HB 1 by adding on page 2, line 7, after the words, "required by it" the words, "derived from property taxes".

An amendment, offered by Mr. Savage of the 30th, was ruled out of order by the Speaker.

The committee substitute, as amended, was adopted.

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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, J. H. Adams, Marvin
Alien Bailey Beckham Bennett Berlin
Berry Bohannon
Bostick Brantley, H. L.
Bray Brown, C. Buck Busbee Carr Carrell
Castleberry Chance Cole Coleman Collins, M. Colwell
Coney Connell Davis, E. T. Dean, N. Dent Dixon Dollar Dorminy Edwards Ellis Evans Farrar Floyd, J. H. Foster Fraser Gignilliat Grahl

Grantham Greer Groover Harden Harrington
Harris, J. F. Harrison
Hays Hill, G. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. E.
Jessup Johnson Jones Keyton
King Knight Lambert
Lane, W. J.
Larsen, W. W. Lee, W. J. (Bill) Le vitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin
McDonald Miles Milford Morgan Mulherin Mullinax Murphy

Nessniith Northcutt
Oxford Patten, G. C. Patten, R. L. Patterson Pearce
Peters
Phillips, G. S. Phillips, L. L.
Rainey Reaves Ritchie
Roach Rogers Ross Rush Sams
Shanahan Smith, J. R. Snow Sweat Thomason Thompson Toles Triplett Tucker
Twiggs Vaughn Waddle Walker Wall
Wamble
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John

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

Atherton Blackshear

FRIDAY, JANUARY 12, 1973

193

Bond
Brantley, H. H. Brown, B. D. Burruss Burton Carlisle Clark Collins, S. Daugherty
Davis, W. Dean, Gib Dean, J. E. Dickey Duke Egan Elliott

Floyd, L. R.
Geisinger Hamilton Harris, J. R. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howard
Jordan Kreeger Lane, Dick Larsen, G. K. Lee, W. S. Marcus McDaniell

McKinney
Moyer Nix Noble Odom Petro Pinkston Russell, J. Russell, W. D.
Savage Smith, V. B. Stephens Townsend Turner Wilson, J. M.

Those not voting were Messrs.:

Brown, S. P. Ezzard McCracken

Shepherd Strickland

Willis Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 120, nays 53.

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

Mr. Willis of the 119th stated that due to mechanical failure his vote did not record. He wished to be recorded as voting "aye" on the passage of HB 1, by substitute, as amended.

Mr. Busbee of the 114th moved that the House do now adjourn until 10:00 o'clock, Monday morning, January 15, 1973, 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 15, 1973

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. T. Cecil Myers, Pastor, First United Methodist Church, Athens, Georgia:
Eternal God, we acknowledge Your greatness and power, and we marvel that You love us enough to stoop to meet the smallest needs of each of us as though You did not have another in the world to love.
Save this time of prayer from being a gesture to custom and conven tion, a nod in Your direction, but let it be a sacred moment of quiet soul searching, surrender to You, dedication to life's highest ends, as mem bers of this important body take up their duties for the day.
Keep us from thinking that when prayer is said our dependence upon You is over. From this time of prayer may there come a feeling of power, a sweetness of disposition, a sense of direction to permeate all the thoughts, words and deeds of this day. Forgive us for trying to live without You. Cleanse us, forgive us, free us from fear, loose us from hatred in any form, take away our prejudices and restore joy and laughter to our lives, making us whole persons.
Help us to put aside all pettiness and concentrate on what really matters and is lasting in the life of our State.
Give us the power to say "No!" at the right time, and "Yes!" when we should and may we rise above temptation to compromise our con victions and faith. May our decisions be based on Your direction, a desire for the good of all men, on common sense and not always on po litical expediency.
Let the decisions made here today move our State toward true greatness and may we always stand on the side of justice, truth and mercy.
We give thanks for all public servants: those gathered here in this hall, teachers, ministers, the members of the Senate, the Judicial Branch of our government, our Governor, the President and his advisors. We thank You for our parents, and for all who have gone before us, who have enriched our lives and upon whose shoulders we stand today. Let our thankfulness for all that has been done for us be manifest in our living, and in our passing on to our descendants the rich heritage of the opportunity for freedom, the heritage of hope, and of true great ness. We submit ourselves, our present, our future, all our hopes and dreams to You. Make us persons of faith and love and compassion. In the powerful Name of Jesus Christ we pray.
AMEN.

MONDAY, JANUARY 15, 1973

195

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

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Connell Davis, E. T. Dean, Gib
Dean, J. E.
Dent
Dickey
Dorminy
Duke
Edwards
Egan
Ellis
Ezzard
Floyd, J. H.
Foster
Eraser
Gignilliat
Grahl
Grantham

Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis
Logan
Lowrey
Matthews, C.
Mauldin
McCracken
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy

Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Thomason Thompson Toles Townsend Triplett Turner
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

196

JOURNAL OF THE HOUSE,

Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 180. By Messrs. Jessup, Larsen and Coleman of the 102nd: A Bill to be entitled an Act to provide for the number of members of the County Board of Education of Pulaski County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 181. By Messrs. McKinney of the 35th, Brown of the 89th, Shepherd of the 28th, Dean of the 54th, Mrs. Clark of the 55th, Messrs. Petro of the 46th, Brown of the 34th and Hill of the 110th: A Bill to be entitled an Act to amend and repeal certain laws of this State prohibiting or regulating the operation of business or the con duct of trade on Sundays; and for other purposes.
Referred to the Committee on Industry.

MONDAY, JANUARY 15, 1973

197

HB 182. By Messrs. Bohannon and Patterson of the 64th, Farrar of the 52nd and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to allow a member to retire after 30 years or more of creditable service without reduction in service allowance for retirement before age 62; and for other purposes.
Referred to the Committee on Retirement.

HB 183. By Mr. Brown of the 34th:
A Bill to be entitled an Act to prevent change by Home Rule of the March 31 deadline for increases in certain salaries or allowances in the city of Atlanta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 184. By Messrs. Brown of the 34th, McKinney of the 35th, and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend the Revenue Tax Act so as to re move the limitation on the amount of license fee local governments may charge for retail liquor sales (off-premises consumption) and the perbottle retail liquor tax; and for other purposes.
Referred to the Committee on Temperance.

HB 185. By Messrs. Brown of the 34th and McKinney of the 35th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta so as to apply homestead exemption to City of Atlanta ad valorem taxation for educational purposes and to increase the homestead exemption to $5,000 per annum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 186. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for sheriffs, so as to provide increased retirement benefits for those who become eligible to receive retirement benefits from and after April 1, 1973; and for other purposes.
Referred to the Committee on Retirement.

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HB 187. By Messrs. Savage of the 30th, Snow of the 1st, Harris of the 51st, Odom of the 114th, Hawes of the 43rd, Atherton of the 19th, Alexander of the 39th, Hays of the 1st and others:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to provide for the non-partisan election of judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court; and for other purposes.
Referred to the Committee on State of Republic.

HB 188. By Mr. Rush of the 104th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relative to game and fish, so as to provide for a catch out pond license; and for other purposes.
Referred to the Committee on Recreation.

HB 189. By Mr. Rush of the 104th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relative to game and fish, so as to define commercial fish hatchery; and for other purposes.
Referred to the Committee on Recreation.

HB 190. By Messrs. Keyton of the 121st, Collins and Matthews of the 122nd, Williams of the 9th, Jordan of the 58th, Patten of the 123rd, Wilson of the 19th, Hudson of the 115th and Patterson of the 64th:
A Bill to be entitled an Act to amend Code Section 26-2904, relating to the issuance of a license to carry a pistol or revolver, so as to provide for the sheriff in each county to evaluate applications for licenses; to provide for all licenses issued before the effective date; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 191. By Messrs. Keyton of the 121st, Collins and Matthews of the 122nd, Jordan of the 58th, Patten of the 123rd, Wilson of the 19th, Thornason of the 8th, Hudson of the 115th, Patterson of the 64th, Burruss of the 21st, Duke of the 20th and Phillips of the 103rd:
A Bill to be entitled an Act to provide that it shall be unlawful to display within motion picture theatres certain scenes to certain audi ences; and for other purposes.
Referred to the Committee on Industry.

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HR 60-191. By Mr. Brown of the 34th:
A Resolution proposing an amendment to the Constitution to apply homestead exemption to City of Atlanta ad valorem taxation for educational purposes and to increase the homestead exemption to $5,000 per annum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 61-191. By Messrs. Brown of the 67th, Savage of the 30th and Harris of the 51st:
A Resolution proposing an amendment to the Constitution, so as to abolish the office of Lieutenant Governor; and for other purposes.
Referred to the Committee on State of Republic.

HR 62-191. By Mr. Mauldin of the 13th:
A Resolution compensating Mr. Hoyt Jackson LaCroy; and for other purposes.
Referred to the Committee on Appropriations.

HR 63-191. By Mr. Brown of the 34th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Atlanta to create special service districts and to levy taxes within such districts for the cost of service therein provided; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 192. By Mr. Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to eliminate the requirements for maintain ing an annuity reserve fund and pension reserve fund; and for other purposes.
Referred to the Committee on Retirement.

HB 193. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to retire ment benefits; and for other purposes.
Referred to the Committee on Retirement.

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HB 194. By Messrs. Farrar of the 62nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to leaves of absence; and for other purposes.
Referred to the Committee on Retirement.

HB 195. By Messrs. Farrar of the 52nd, Buck of the 87th and Matthews of the 62nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to disability retirement; and for other purposes.
Referred to the Committee on Retirement.

HB 196. By Messrs. Farrar of the 52nd, Buck of the 87th and Matthews of the 62nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act; and for other purposes.
Referred to the Committee on Retirement.

HB 197. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to local retirement systems and service rendered in such local systems; and for other purposes.
Referred to the Committee on Retirement.

HB 198. By Messrs. Bennett of the 124th, Patten of the 123rd, Burton of the 47th and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Chapter 114-7, relating to the powers, duties, functions, hearings, records, reports and appeals of the State Board of Workmen's Compensation, so as to provide that an employer or insurance carrier who unreasonably delays the payment of workmen's compensation benefits shall be subject to a penalty; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 199. By Messrs. Bennett of the 124th, Patten of the 123rd, Hudson of the 115th and Burton of the 47th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating

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to fees of the clerks of the superior courts, so as to provide that the clerks of the superior courts shall not be required to file any civil case or proceeding until a deposit of cost has been made; and for other purposes.
Referred to the Committee on Judiciary.

HB 200. By Messrs. Bennett of the 124th, Patten of the 123rd, Hudson of the 115th and Burton of the 47th:
A Bill to be entitled an Act to amend an Act providing that all meetings of any state department, agency, board, bureau, commission or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, so as to exempt certain deliberations by boards of education from the provisions of such Act; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 201. By Messrs. Collins of the 122nd, Reaves of the 124th, Wheeler of the 127th and Patten of the 124th:
A Bill to be entitled an Act to regulate the treatment and sale of certain timber or timber products within the State of Georgia; to provide for a short title; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 202. By Mr. Wood of the 9th:
A Bill to be entitled an Act to provide that in the event an agent of any insurer shall by his neglect fail to provide for the renewal of any policy of insurance for the insured within 30 days after expiration, the agent shall be legally responsible for any damages suffered by the insured due to the neglect of the agent; and for other purposes.
Referred to the Committee on Insurance.

HR 64-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane of the 76th and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not grant a parole or commute the penalty of a person sentenced to life imprison ment for aircraft hijacking unless such person has served not less than 50 years of such sentence; and for other purposes.
Referred to the Committee on Judiciary.

HR 65-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to

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provide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a person has been sentenced to life imprisonment for the crime of aggravated sodomy unless such person shall have served not less than 50 years of such life sentence; and for other purposes.
Referred to the Committee on Judiciary.

HR 66-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty in which a person has been sentenced to life imprisonment for the crime of kidnapping unless such person shall have served not less than 50 years of such sentence; and for other purposes.
Referred to the Committee on Judiciary.
HR 67-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a person has been sentenced to life imprisonment for the crime of rape unless such person has served not less than 50 years of such sentence; and for other purposes.
Referred to the Committee on Judiciary.

HR 68-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the State Board of Pardons and Paroles shall not grant a parole or commute a sentence in any case in which a person has been sentenced to life imprisonment for the crime of armed robbery unless such person shall have served not less than 50 years of such sentence; and for other purposes.
Referred to the Committee on Judiciary.

HB 203. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the Pension laws for general employees and officers (including teachers) for cities with populations over 300,000; to change benefits and eligibility; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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203

HB 204. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act providing that it shall be the duties of all sheriffs, chiefs of police, and the heads of any other State law enforcement to obtain information of persons charged with violating any criminal law of this State; and for other purposes.
Referred to the Committee on Judiciary.

HB 205. By Mr. Alexander of the 38th: A Bill to be entitled an Act to authorize service outside the corporate limits of any city by certain city employees of certain city process, summons and other departmental documents; and for other purposes.
Referred to the Committee on Judiciary.
HB 206. By Mr. Alexander of the 38th: A Bill to be entitled an Act to amend Code Section 87-807 so as to permit municipalities of over 400,000 population to guarantee payment of interest and principal on revenue bond interest and principal pay ments out of ad valorem tax receipts after creation of certain reserves; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 207. By Mr. Alexander of the 38th: A Bill to be entitled an Act to authorize municipalities having a popula tion of over 50,000 and providing any three of five specified govern mental services to impose, levy and collect a 1% income tax to be withheld at the place of employment within the city; and for other purposes.
Referred to the Committee on Ways and Means.
HB 208. By Mr. Alexander of the 38th: A Bill to be entitled an Act to amend the Charter of the City of Atlanta so as to authorize the City to issue delinquent tax execution after December 20 in each year as is done by Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 209. By Messrs. Alexander of the 38th and McKinney of the 35th: 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

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the provision for appeal of orders or acts of the Commissioner; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 210. By Messrs. Reaves, Patten and Bennett of the 124th, Keyton of the 121st, Collins of the 122nd, Grantham of the 127th and Wamble of the 120th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to provide that any member who was an employee of a State Department as reflected in the Auditor's Report ending June 30, 1970, who was a member of the General Assembly between Jan. 1, 1954 and Jan. 1, 1967, may receive membership service credit; and for other purposes.
Referred to the Committee on Retirement.

HB 211. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend an Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of a municipality having a total population of 300,000 or more, so as to require the Chairman of such Joint Board to certify the completed Tax Digests annually; to file one copy thereof with the State Revenue Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 212. By Messrs. Patten of the 123rd, Willis of the 119th, Alexander of the 39th, Stephens of the 37th, Matthews of the 122nd, Adams of the 74th, Bennett of the 124th, Bostick of the 123rd, Burton of the 47th and others:
A Bill to be entitled an Act to amend Code Section 34A-702, relating to the date and notice of municipal elections, so as to provide that municipal elections shall be held on a Tuesday; and for other purposes.
Referred to the Committee on State of Republic.

HB 213. By Messrs. Stephens of the 37th and Murphy of the 18th:
A Bill to be entitled an Act to amend the "Fire Fighters' Mediation Act", so as to change the definition of the term "fire fighter", and for other purposes.
Referred to the Committee on Industrial Relations.

HB 214. By Messrs. Burruss of the 21st, McDaniell of the 20th, Kreeger of the 21st, Wilson of the 19th, Nix and Duke of the 20th, Atherton of the

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205

19th, Reaves of the 124th, Groover of the 75th, Bohannon of the 64th and Patterson of the 64th:
A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum; and for other purposes.
Referred to the Committee on Ways and Means.

HB 215. By Messrs. Lewis of the 77th, Lane and Nessmith of the 76th and McCracken of the 77th:
A Bill to be entitled an Act to amend an Act changing the terms of the Superior Court of Burke County, so as to change the date for the beginning of the terms of the Superior Court of Burke County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 69-215. By Mr. Adams of the 36th:
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 on his home which he owns and which he actually occupies as a residence and homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 70-215. By Mr. Alexander of the 38th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to permit the City of Atlanta to guarantee payment of interest and principal on revenue bond interest and principal payments out of ad valorem tax receipts after creation of certain reserves; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 216. By Messrs. Egan of the 25th and Collins of the 45th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, so as to provide relief from local property taxes through a system of State income tax credits and refunds to certain persons who own their places of dwelling within this State; and for other purposes.
Referred to the Committee on Ways and Means.

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HB 217. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-6, relating to the registration of electors, so as to provide that the official electors list shall contain the address of each elector whose name appears thereon; and for other purposes.
Referred to the Committee on State of Republic.

HR 71-217. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide for a special election in each odd-numbered year for the purpose of submitting constitutional amendments and proposals for a new Constitution to the electors for ratification; and for other purposes.
Referred to the Committee on State of Republic.

HR 72-217. By Mr, Marcus of the 26th: A Resolution compensating Mr. Bruce G. Ellett; 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 143. By Messrs. Savage of the 30th and Bennett of the 124th:
A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, so as to provide that each registered voter, regardless of party affiliation, shall be entitled to participate in the nomination of candi dates for public office by each political party in the primary; and for other purposes.

HB 144. By Messrs. Northcutt of the 68th, Farrar of the 52nd, Adams of the 14th, Toles of the 16th, Lowrey of the 15th, Pinkston of the 89th, Matthews of the 122nd and Wheeler of the 127th:
A Bill to be entitled an Act to amend the Act creating the Public School Employees' Retirement System, so as to provide for the retire ment of members who become disabled; and for other purposes.

HB 145. By Messrs. Northcutt of the 68th, Matthews of the 122nd, Adams of the 14th, Toles of the 16th, Lowrey of the 15th, Pinkston of the 89th, Wheeler of the 127th and Patten of the 123rd:
A Bill to be entitled an Act to amend the Act creating the Public School Employees' Retirement System, so as to provide for additional retirement dates; and for other purposes.

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207

HB 146. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill to be entitled an Act creating the Sheriffs' Retirement Fund, so as to reduce the retirement age of those members of the Fund who have ceased to hold office of sheriff and who are otherwise eligible to receive retirement benefits except for the ones not having reached the age of 60 years; and for other purposes.

HB 147. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the Insurance Contract in General, as amended, so as to provide that all insurance contracts of accident and sickness insurance, shall provide that the insured shall have full freedom of choice in the selection of certain doctors for the treatment of any illness or injury within the scope of his practice; and for other purposes.

HB 148. By Messrs. Northcutt of the 68th, Adams of the 14th, Toles of the 16th, Lowrey of the 15th, Farrar of the 52nd, Pinkston of the 89th, Matthews of the 122nd, Wheeler of the 127th and Patten of the 123rd:
A Bill to be entitled an Act to amend the act creating the Public School Employees' Retirement System, so as to provide for an increase in retirements; and for other purposes.

HB 149. By Messrs. Evans and Brown of the 89th:
A Bill to be entitled an Act to repeal Code Section 26-9908, relating to the violation of the Sabbath Day; and for other purposes.

HB 150. By Messrs. Mauldin of the 13th, Farrar of the 52nd and Coney of the 89th:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to change the provisions relative to funds for vocational schools; and for other purposes.

HB 151. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend an Act creating the Georgia Insurers Insolvency Pool which provides a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent, so as to redefine "insurer", "company" and "insolvent insurer"; and for other purposes.

HB 152. By Mr. McCracken of the 77th : A Bill to be entitled an Act to amend Code Title 56, relating to insurance,

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so as to provide that applicants for surplus lines brokers licenses must be examined; to provide for special reserve for bail and judicial bonds; and for other purposes.

HB 153. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to provide that no individual firm, corpora tion or business shall install or sell certain automatic hot water tanks or heaters without approval relief valves; and for other purposes.

HB 154. By Messrs. Jordan of the 58th, Farrar of the 52nd, Smith of the 91st, Dean of the 17th, Hudson of the 115th, Wheeler of the 13th, Adams of the 36th, Blackshear of the 106th, Murphy of the 18th and others:
A Bill to be entitled an Act to amend an Act entitled "The Act creating the Public School Employees' Retirement System", so as to provide for early retirement; to provide for the vesting of retirement benefits; and for other purposes.

HB 155. By Messrs. Wheeler of the 127th, Bohannon of the 64th, Patterson of the 64th, Cole of the 6th and Grantham of the 127th:
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 selfinsurance for public school systems' properties; and for other purposes.

HB 156. By Messrs. Brown of the 67th, Burton of the 47th, Wheeler of the 13th and Larsen of the 27th:
A Bill to be entitled an Act to amend Code Section 79A-406, relating to the annual registration of pharmacists, so as to provide education requirements as a prerequisite to the issuance of an annual certificate of registration; and for other purposes.
HB 157. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act amending and revising the adoption laws and providing for an investigation and report to superior court in which an adoption is filed, so as to repeal the pro vision contained in subsection (2) of Section 3; and for other purposes.
HB 158. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Chapter 79-5, relating to the change of names of individuals, so as to provide that before the name of a minor can be changed the petitioner must obtain the written consent of the parent(s) if they are living and have not abandoned the child; and for other purposes.

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HB 159. By Mr. Buck of the 87th:
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 widows' benefits; and for other purposes.

HB 160. By Messrs. Kreeger and Burruss of the 21st and Duke of the 20th:
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 provide for the payment of refunds to certain taxpayers or county tax officials under certain circumstances; and for other purposes.

HB 161. By Messrs. Dorminy of the 115th, Grahl of the 88th, Alien of the 108th, Hutchinson of the 114th, Mauldin of the 13th, Carr of the 90th, Adams of the 74th, Matthews of the 122nd and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act providing for forest fire protection, so as to provide that funds necessary to carry out the provisions of said Act shall be provided from State funds; and for other purposes.

HR 48-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mr. James E. Stanbury; and for other purposes.

HR 49-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mobile Home Industries, Inc. of Tallahassee, Florida; and for other purposes.

HR 50-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mrs. Billy W. Campbell; and for other purposes.

HR 51-161. By Messrs. Bennett and Patten of the 124th:
A Resolution compensating Mrs. Nancy Nix Cowart; and for other purposes.

HR 52-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mr. Eugene L. Raulerson and Jiffy Food Stores of Georgia, Inc.; and for other purposes.

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HR 53-161. By Messrs. Bennett, Patten and Reaves of the 124th: A Resolution compensating Mrs. Era S. Davis; and for other purposes.

HR 54-161. By Messrs. Rush of the 104th, Strickland of the 116th and Phillips of the 103rd:
A Resolution renaming the "Piney Bluff Bridge" spanning the Altamaha River on U. S. Highway 1 between Lyons and Baxley, the "Joseph Simmons Alexander, Sr. Memorial Bridge"; and for other purposes.

HR 55-161. By Mr. Toles of the 16th: A Resolution adopting a State Poem; and for other purposes.

HR 56-161. By Messrs. Savage of the 30th, Wheeler of the 127th, Phillips of the 103rd, Matthews of the 122nd, Bennett of the 124th and Lane of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that a Governor may succeed himself but may not serve more than two terms; and for other purposes.
HE 162. By Messrs. Dean of the 17th, Matthews of the 122nd, Nessmith of the 76th, Collins of the 122nd, Reaves of the 124th, Lane of the 76th and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for minimum retirement benefits for certain members who have previously retired; and for other pur poses.
HB 163. By Messrs. Ware of the 65th, Strickland of the 116th, Knight of the 65th, Williams of the 9th, Irwin of the 113th, Mullinax of the 65th, Rush of the 104th and others:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of a motor fuel tax and exemptions therefrom, so as to pro vide that motor fuels other than gasoline, when purchased under cer tain conditions for nonhighway purposes, shall not be subject to the motor fuel tax; and for other purposes.
HB 164. By Messrs. Lambert of the 97th and Wood of the 9th:
A Bill to be entitled an Act to amend the Georgia Insurance Code, so as to add a new Code Section 59-322 prohibiting lending institutions and public utilities, and their holding companies from engaging in selling insurance in places exceeding 5,000 population, except for credit life, accident and sickness insurance; and for other purposes.

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HB 165. By Messrs. Busbee of the 114th, Pinkston of the 89th, Triplett of the llith, Beckham of the 82nd, Connell of the 80th, Wamble of the 120th, Dean of the 60th and Chance of the 112th:
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 change the provisions relative to bank holding companies; and for other pur poses.

HB 166. By Messrs. Pinkston and Evans of the 89th:
A Bill to be entitled an Act to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes; and for other purposes.

HB 167. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Alien of the 108th, Hill of the 110th, Blackshear of the 106th, Triplett of the lllth and Chance of the 112th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to extend the exemptions and immunities accorded to all amounts paid by local school retirement systems for the account and benefit of members of such local systems; and for other purposes.

HB 168. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th, Hill of the 110th, Ellis of the 107th, Triplett of the lllth and Chance of the 112th:
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"; and for other purposes.

HB 169. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Alien of the 108th, Hill of the 110th, Blackshear of the 106th, Triplett of the lllth and Chance of the 112th:
A Bill to be entitled an Act to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be used for school lunch and extracur ricular athletic and band purposes; and for other purposes.

HB 170. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to fix the salaries of the Judges of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County, and the Judges of the Juvenile Court, and the Judge of the Court of Ordinary of Pulton County; and to provide for the minimum annual compensation of said judges; and for other purposes.

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HB 171. By Messrs. Buck of the 87th and Ware of the 65th:
A Bill to be entitled an Act to authorize the governing authority in each county to require the recording and posting of hotel and motel rate schedules; and for other purposes.

HB 172. By Mr. Dean of the 54th:
A Bill to be entitled an Act to require all students and teachers to wear certain eye protective devices when participating in certain courses of instruction; to provide for rules and regulations; and for other purposes.

HB 173. By Mr. Brown of the 89th: A Bill to be entitled an Act to amend Code Chapter 113-10, relating to distribution, advancements and year's support, so as to provide that a husband may petition and receive a year's support from the estate of his deceased wife; and for other purposes.
HB 174. By Mr. Brown of the 89th: A Bill to be entitled an Act to provide that a current and otherwise valid driver's license may be deposited as bail whenever any person is arrested and charged with a violation of the traffic regulations of this State except in certain serious offenses; and for other purposes.
HB 175. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to authorize reduction in length-of-service requirement for not-in-line of duty disability pension benefits for policemen in municipalities with over 150,000 population; and for other purposes.
HR 58-175. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution to authorize increases in pension benefits for members of a pension fund already retired from employment with any municipal corporation; and for other purposes.

HB 176. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances; and for other purposes.

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213

HB 177. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to authorize reduction in length-of-service requirement for not-in-line of duty disability pension benefits for firemen in municipalities with over 150,000 population; and for other purposes.

HB 178. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to authorize reduction in length-of-service requirement for not-in-line of duty disability pension benefits for gen eral employees and school teachers in municipalities with over 150,000 population; and for other purposes.

HE 59-178. By Mr. Irvin of the 10th:
A Resolution authorizing the lease of a certain tract of State-owned property located in Stephens County; and for other purposes.

HB 179. By Messrs. Murphy of the 18th and Dean of the 17th:
A Bill to be entitled an Act to amend Code Section 88-1709, relating to birth registrations, so as to require the Department of Human Resources to forward a copy of the birth certificate of a child to the custodian of records of the county of residence of the mother when the birth occurs in a county other than the residence; and for other purposes.

Mr. Lambert of the 97th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 57-161. Do Pass.
Respectfully submitted, Lambert of the 97th, Vice-Chairman.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Insur ance:

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JOURNAL OF THE HOUSE,

HB 147. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the Insurance Contract in General, as amended, so as to provide that all insurance contracts of accident and sickness insurance shall provide that the insured shall have full freedom of choice in the selection of certain doctors for the treatment of any illness or injury within the scope of his practice; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 73. By Messrs. Brown of the 34th, Bond of the 32nd, Hill of the 110th and many others:
A RESOLUTION
Honoring the memory of Reverend Martin Luther King, Jr.; and for other purposes.
WHEREAS, Reverend Martin Luther King, Jr., was a native Georgian, born in Atlanta, and educated in its public schools and at Morehouse College; and
WHEREAS, Reverend Martin Luther King, Jr., believed supremely in the Christian doctrine of love and practiced it in his dealings with all people, irrespective of race, and harboring no hatred in his heart toward any man; and
WHEREAS, he was America's chief exponent of the philosophy of nonviolence in a time when the advocates of violence were on the increase; and
WHEREAS, he brought honor to the State of Georgia and to the City of Atlanta by being the first Georgian to become the recipient of the Nobel Peace Award; and
WHEREAS, by his works America has been brought closer than ever before to the goal of justice and equality for all men.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the fifteenth day of January, 1973, is hereby declared to be a day for honoring the memory of Reverend Martin Luther King, Jr., one of Georgia's most illustrious sons.
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. Martin Luther King, Jr.
HR 74. By Messrs. Walker of the 100th, Knight and Mullinax of the 65th, Johnson of the 68th and many others:

MONDAY, JANUARY 15, 1973

215

A RESOLUTION

Commending the municipal officials and employees of Georgia upon the occasion of the Fifteenth Annual Georgia Mayors' Day; and for other purposes.

WHEREAS, municipal government represents American Democracy at the level which is closest to the people; and

WHEREAS, the people of Georgia look to municipal government for the provision of many of the most basic and fundamental govern mental services; and

WHEREAS, municipal government is directly and closely responsi ble for the fostering of the health, safety, welfare, comfort and con venience of the Georgia people who dwell in our cities and towns and the environs thereof; and

WHEREAS, the municipalities of the State provide centers for religious, education, cultural, social and recreational activity of the modern society; and

WHEREAS, the City officials of Georgia have sought and attained responsible public offices in order to serve their communities to the end that all Georgians may enjoy a fuller, happier, and more 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, com mend, and pay tribute to the municipal officials and employees of Georgia upon the occasion of the Fifteenth Annual Georgia Mayors' Day, this January 15, 1973.

The Speaker Pro Tern assumed the Chair.

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

HR 57-161. By Messrs. Mulherin of the 81st, Bohannon of the 64th, Dent of the 78th and others:
A RESOLUTION
Designating the Lucy Laney High School Marching Band and the Douglas County High School "Tigers" Band as the official representa-

216

JOURNAL OP THE HOUSE,

tives of the State of Georgia to the inauguration of the Honorable Richard M. Nixon; to provide for the payment of expenses; and for other purposes.

WHEREAS, the Lucy Laney High School Marching Band and the Douglas County High School Tigers Band have been selected to par ticipate in the inauguration of the Honorable Richard M. Nixon as President of the United States; and

WHEREAS, these bands are known throughout the State for their excellent musical ability; and

WHEREAS, said bands will appear on national television and will be seen by millions of people throughout the world; and

WHEREAS, these two outstanding organizations, through their musical and marching abilities, will be outstanding representatives of the State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the Lucy Laney High School March
ing Band and the Douglas County High School Tigers Band are hereby designated as the official representatives of the State of Georgia to the inauguration of the Honorable Richard M. Nixon as President of the United States.

BE IT FURTHER RESOLVED that, in order to defray the ex penses incurred by these bands as official representatives of the State of Georgia, there is hereby appropriated for the payment of the expenses of such bands the sum of $2,500.00 per band. Said sums shall come from funds appropriated to the Legislative Branch of State Govern ment.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham

Berlin Bohannon Bond Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck

Burruss Burton Busbee Carr Carrell Castleberry Chance Clark

Cole Coleman
Colwell
Coney Connell Daugherty
Dean, Gib Dean, J. E. Dent
Dickey Dixon Dollar Dorminy Duke Elliott Evans Foster Praser Geisinger Grahl Grantham Greer
Groover Harden Harrington
Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Howard Howell Hutchinson

MONDAY, JANUARY 15, 1973

217

Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson
Keyton King Kreeger
Lambert Lane, Dick
Lane, W. J. Larsen, W. W. Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. McDonald McKinney Miles Morgan Mulherin Nessmith Nix
Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters

Petro Phillips, L. L.
Pinkston Rainey Ritchie
Roach Rogers Russell, J. Russell, W. D.
Sams Savage Smith, J. R. Smith, V. B. Snow Stephens
Strickland Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Wall Wamble Wheeler, Bobby Whitmire Williams
Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Horton, G. T.

Hudson

Walker

Those not voting were Messrs.:

Alexander, W. M. Atherton Bennett Berry Blackshear Bostiek Brantley, H. H. "Brown, C.
Carlisle Collins, M. Collins, S. Davis, E. T.
Davis, W.

Dean, N. Edwards Egan Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. Gignilliat Hamilton Hill, G.
Horton Jones

Jordan Knight
Larsen, G. K. Lee, W. J. (Bill) Le vitas Lewis Matthews, D. R. Mauldin McCracken McDaniell Milford Moyer Mullinax

218
Murphy Northcutt Phillips, G. S. Reaves Ross

JOURNAL OP THE HOUSE,

Rush
Shanahan Shepherd Sweat Townsend

Triplett
Ware Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 124, nays 3.

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

Mr. Horton of the 43rd stated that his voting machine did not properly record. He wished to he recorded as voting "aye" on the adoption of HR 57-161.

Mr. Connell of the 80th moved that HR 57-161 be immediately transmitted to the Senate.

The motion prevailed and HR 57-161 was ordered immediately transmitted to the Senate.

HB 52. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorists' coverage, so as to renumber and redesignate subsection (h) of said Code Section as enacted by 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Atherton Bailey

Berlin Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P.

Burruss Burton Busbee Carr Carrell Castleberry Chance

Clark Cole
Coleman Collins, M.
Collins, S. Colwell Daugherty
Dean, Gib Dean, J. E. Dean, N. Dickey
Dixon Dorminy Duke Elliott
Ellis Floyd, J. H. Foster
Eraser Geisinger Grahl Grantham <5reer Groover Harden Harris, J. P. Harris, J. R. Harrison Hawes
Hays Hill, B. L. Horton, W. L. Howard Howell

MONDAY, JANUARY 15, 1973

219

Hudson Hutchinson
Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson
Keyton King Kreeger
Lambert Lane, Dick
Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell McKinney Morgan Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Pearce

Peters Phillips, L. L.
Rainey Reaves
Roach Rogers Ross Russell, J.
Russell, W. D. Savage Shanahan Shepherd Smith, J. R. Smith, V. B.
Snow Stephens
Sweat Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wheeler, Bobby Whitmire Williams, W. M. Willis Williams
Wood

Those voting in the negative were Messrs.

Dent Mauldin

Miles Milford

Mulherin

Those not voting were Messrs.:

Alexander, W. M. Alien Beckham
Bennett Berry Blackshear Bohannon Brantley, H. L. Bray Buck Carlisle

Coney Connell
Davis, E. T. Davis, W. Dollar Edwards Egan Evans Ezzard Farrar
Floyd, L. R.

Gignilliat Hamilton
Harrington Hill, G. Horton, G. T. Jones Jordan Knight
Lane, W. J. Larsen, G. K. Lewis

220
McCracken McDonald Moyer Mullinax Murphy Northcutt Patterson

JOURNAL OF THE HOUSE,

Petro Phillips, G. S. Pinkston Ritchie Rush Sams Strickland

Townsend Triplett Wamble Ware Wheeler, J. A. Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 122, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Connell of the 80th stated that he had been called from the floor of the House when the roll was called on HB 52. He wished to be recorded as voting "aye".

Mr. Horton of the 43rd stated that his voting machine did not properly record. He wished to be recorded as voting "aye" on the adoption of HR 57-161.
HR 38-135. By Messrs. Snow of the 1st, Lee of the 114th, Evans of the 89th and others:
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; to provide that the administration of the unified judicial system shall be as provided by law; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section I of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be designated Paragraph II, to read as follows:
"Paragraph II. Unified Judicial System. All of the courts of the State shall be a part of one unified judicial system. The ad ministration of the unified judicial system shall be as provided by law."
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, JANUARY 15, 1973

221

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 all courts of the State shall be a part of one uni-
( ) NO fied judicial system and to provide that the admin istration of the unified judicial system shall be as provided by law?"

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

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

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

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

Those voting in the affirmative were Messrs.

Adams, John Alexander, W. H. Bailey Beckham Bennett Berlin Bond Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Connell Daugherty Davis, W. Dean, Gib Egan

Ellis Floyd, J. H. Floyd, L. R. Gignilliat Grahl Hamilton Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton Irvin, R. Johnson Knight Lambert Larsen, G. K. Lee, W. S. Logan

Those voting in the negative were Messrs.:

Adams, G. D., Jr. Adams, J. H. Adams, Marvin

Berry Bohannon Brantley, H. H.

Lowrey Marcus Mason Matthews, C. Moyer Mullinax Odom Pinkston Roach Russell, J. Russell, W. D. Sams Savage Snow Toles Townsend Tucker Walker Wall Ware
Brantley, H. L. Carr Carrell

222
Castleberry Chance Clark Cole Coleman Col-well Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Evans Foster Fraser Geisinger Grantham Groover Harden Harrington Harrison Hill, G. Horton Howard

JOURNAL OF THE HOUSE,

Hudson Hutchinson Irwin, J. R.
Jessup Keyton King
Kreeger Lane, Dick
Lane, W. J. Larsen, W. W. Lewis Matthews, D. R. Mauldin McCracken McDaniell
McDonald McKinney Milford Morgan Mulherin Murphy
Nessmith Nix Oxford

Patten, G. C. Patterson
Pearce Petro Phillips, G. S. Phillips, L. L.
Rogers Ross Shanahan
Smith, V. B. Stephens Strickland Sweat Thomason Thompson
Turner Twiggs Wheeler, Bobby Whitmire
Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs:

Alexander, W. M.
Alien Atherton Black shear
Bostick Buck Burruss Collins, M. Collins, S.
Coney Davis, E. T. Dean, J. E. Dixon Elliott

Ezzard Farrar Greer Howell Irvin, J. Jones Jordan Lee, W. J. (Bill) Levitas Miles
Noble Northcutt Patten, R, L.

Peters
Rainey Reaves Ritchie Rush Shepherd Smith, J. R. Triplett Vaughn
Waddle Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 58, nays 82.

The Resolution, having failed to receive the requisite two-thirds constitu tional majority, was lost.

Mr. Snow of the 1st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite two-thirds constitu
tional majority to HR 38-135.

MONDAY, JANUARY 15, 1973

223

Mr. Horton of the 43rd stated that his voting machine did not properly record. He wished to be recorded as voting "aye" on the adoption of HR 38-135.

HB 51. By Mr. Savage of the 30th, Brown of the 67th, Hays of the 1st and others:
A Bill to be entitled an Act to amend Code Section 88-2603, relating to the power and duties of the Board of Human Resources in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in cer tain incorporated communities; and for other purposes.

The following amendment was read:
Messrs. Groover of the 75th and Larsen of the 102nd move to amend HB 51 by adding a new Section 1A to read as follows:
No incorporated municipality or county shall be required to com ply with the provisions of Code Section 88-2603 (12) unless the State has made available funds for the cost of compliance therewith.

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. Jr. Adams, J. H. Adams, John Adams, Marvin Bennett, J. T. Berry Bohannon Bostick
Brantley, H. L. Bray Buck Burton Carrell Castleberry
Chance Clark Cole Coleman Colwell Davis, W. Dent Dollar Dorminy

Edwards Egan Evans Farrar Floyd, L. R. Foster Grahl Grantham
Groover Harden Harris, J. F. Harrison Horton, G. T. Hudson
Hutchinson Jessup Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Logan Lowrey

Matthews, C. McCracken McDonald McKinney Miles Milford Morgan Moyer
Nessmith Oxford Patten, G. C. Patterson Pearce Peters
Phillips, G. S. Pinkston Rainey Reaves Rogers Ross Rush Russell, J. Shanahan

224
Shepherd Smith, J. R. Stephens Strickland Sweat Triplett

JOURNAL OF THE HOUSE,

Tucker Turner Twiggs Waddle Walker

Wamble Wheeler, Bobby Wheeler, J. A. Williams Willis

Those voting in the negative were Messrs.:

Alexander, W. M.
Atherton Bailey
Beckham Berlin Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P.
Busbee Carlisle Connell Davis, E. T.
Dean, Gib Dean, J. E. Dickey
Dixon Duke

Ellis Praser Geisinger Harrington Harris. J. R.
Hays Horton, W. L.
Howard Irvin, J.
Irvin, R. Johnson Jordan King Kreeger Lee, W. J. (Bill) Lee, W. S. Marcus Mauldin McDaniell

Mulherin Mullinax
Nix Noble Northcutt Odom Petro Ritchie Sams
Savage Smith, V. B.
Snow Townsend Wall Whitmire Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs:

Alexander, W. H. Alien
Blackshear Burruss Carr Collins, M. Collins, S.
Coney Daugherty Dean, N. Elliott
Ezzard Floyd, J. H.

Gignilliat
Greer Hamilton Hawes Hill, B. L. Hill, G. Howell Irwin, J. R. Jones Keyton Knight
Levitas Lewis

Mason Matthews, D. R. Murphy Patten, R. L.
Phillips, L. L. Roach Russell, W. D. Thomason Thompson Toles Vaughn Ware Mr. Speaker

On the adoption of the amendment, the ayes were 85, nays 56.

The amendment was adopted.

An amendment, offered by Mr. King of the 85th, was read and lost.

MONDAY, JANUARY 15, 1973

225

The following amendment was read:

Mr. Coleman of the 102nd moves to amend HB 51 as follows:

Add at the end of Section 1, subsection (12) a sentence which says:
"Provided that any city or county and their water systems can remove themselves from the terms of this Act by referendum.

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, J. H. Adams, John Alien Beckham Berry Bohannon Brantley, H. L. Bray Brown, S. P. Burruss Busbee Carlisle Castleberry Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, N. Dent Dorminy Edwards Evans Ployd, J. H. Poster

Gignilliat Grahl Groover Harrington Harris, J. F. Harrison Hawes Hill, G. Horton, G. T. Howard Irvin, J. Jessup Jones King Kreeger Lane, W. J. Larsen, W. W. Lowrey Matthews, D. R. Mauldin McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith

Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Pinkston Rainey Ritchie Roach Sams Smith, J. R. Stephens Strickland Sweat Thomason Toles Turner Twiggs Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey

Bennett, J. T. Berlin Bond Brantley, H. H. Brown, B. D. Brown, C.

Buck Burton Chance Daugherty Dean, Gib Dean, J. E.

226
Dickey Dixon Dollar Duke Egan Elliott Ellis Farrar Ployd, L. R. Fraser Geisinger Grantham Greer Hamilton Harden Harris, J. R. Hays Hill, B. L. Horton, W. L.

JOURNAL OP THE HOUSE,

Hudson Hutchinson Irvin, R. Johnson Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C. McDaniell Morgan Nix Noble Odom

Phillips, G. S. Phillips, L. L. Rogers Rush Russell, J. Russell, W. D. Savage Snow Thompson Townsend Triplett Vaughn Waddle Wall Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs:

Blackshear Bostick Carr Carrell Collins, S. Coney Ezzard Howell

Irwin, J. R. Jordan Keyton Knight Lewis McCracken Murphy

Reaves Ross Shanahan Shepherd Smith, V. B. Tucker Mr. Speaker

On the adoption of the amendment, the ayes were 83, nays 75.

The amendment was adopted.
Mr. Cole of the 6th moved that HB 51 and all amendments thereto be placed on the table.
On the motion to table, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, J. H. Adams, John Berry Bohannon Brantley, H. L.

Buck Burruss Castleberry Cole Coleman

Collins, M. Colwell Davis, E. T. Dean, N. Dickey

Dollar Dorminy Evans Floyd, J. H. Floyd, L. R. Foster Grantham Groover Harris, J. F. Harrison Hill, G.
Hudson Irvin, J. Jessup Jones

MONDAY, JANUARY 15, 1973

227

King Lambert Lane, W. J. Larsen, W. W. Matthews, D. R. Moyer Mullinax Patten, R. L, Patterson Pearce Pinkston Reaves Ross Rush Smith, J. R.

Smith, V. B. Strickland Sweat Thomason Toles Tucker Turner Twiggs Walker Wamble Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, G. D., Jr. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Carrell Chance Clark Collins, S. Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dent
Dixon
Duke
Edwards
Egan
Elliott
Ellis
Farrar

Fraser Geisinger Gignilliat Grahl Greer Hamilton Harden Harrington Hai-ris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, R. Johnson Jordan Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McDaniell
McDonald
McKinney

Miles Milford Morgan Mulherin Nix Noble Northcutt Odom Oxford Patten, G. C. Peters Petro Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Russell, J. Russell, W. D. Sams Savage Shanahan Snow Stephens Thompson Townsend Triplett
Vaughn
Waddle
Wall
Whitmire
Williams
Wood

228

JOURNAL OF THE HOUSE,

Those not voting were Messrs:

Alien Blackshear Bostick Carr Coney Ezzard

Irwin, J. R. Keyton Knight Lewis McCracken

Murphy Nessmith Shepherd Ware Mr. Speaker

On the motion to table, the ayes were 60, nays 104.

The motion was lost.

The following amendment was read:
Mr. McDonald of the 12th moves to amend HB 51 as follows:
Amend Section 1, lines 15, 16 and 17 by striking the words
"of 5,000 or more population according to the United States Decennial Census of 1970 or any such future census".

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

Those voting in the affirmative were Messrs.

Alien Bailey Beckham Berlin Berry Bohannon Brantley, H. H. Brown, S. P. Buck Burruss Carrell Colwell Davis, W. Dean, Gib Dixon Duke Egan Elliott Ellis Evans

Farrar Floyd, J. H. Floyd, L. R. Gignilliat Grahl Grantham Greer Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hawes Hill, G. Horton, G. T. Howard Hutchinson Irvin, J. Irvin, R. Johnson

Jones Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Levitas Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDonald Milford Morgan Moyer Mullinax
Oxford Patten, G. C.

Pearce Petro Pinkston Roach Rogers Russell, J. Russell, W. D. Sams Shepherd Stephens

MONDAY, JANUARY 15, 1973

229

Strickland Sweat Thomason Thompson Vaughn Waddle Walker Wall Wamble

Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Atherton Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Burton Carlisle Castleberry Chance Cole Coleman Collins, M. Connell Davis, E. T. Dean, J. E. Dean, N. Dent

Dickey Dollar Dorminy Edwards Foster Geisinger Groover Harrington Hays Horton, W. L. Howell Hudson Jessup King Lambert Lane, W. J. Larsen, W. W. Lee, W. S. Marcus McDaniell Miles Mulherin Nessmith

Nix Noble Northcutt Odom Patten, E. L. Patterson Peters Phillips, G. S. Rainey Reaves Ritchie Ross Rush Savage Shanahan Smith, J. R. Smith, V. B. Snow Toles Townsend Tucker Turner Twiggs

Those not voting were Messrs:

Alexander, W. M. Bennett Blackshear Bostick Busbee Carr Clark Collins, S.

Coney Daugherty Ezzard Fraser Hill, B. L. Irwin Jordan Keyton

Lewis McCracken McKinney Murphy Phillips, L. L. Triplett Mr. Speaker

On the adoption of the amendment, the ayes were 88, nays 69.

The amendment was adopted.

230

JOURNAL OF THE HOUSE,

The following amendment was read:

Messrs. Pinkston, Evans, Dickey and Brown of the 89th move to amend HB 51 by inserting a new section to be known as Section 2 and renumbering the present Section 2 as Section 3; said new Section 2 to provide as follows:

Nothing contained in this Act shall authorize the fluoridation of any potable water supply in any city or county within this State which has by public referendum rejected voluntary fluoridation within five (5) years immediately preceding 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.

Adams, John Alien Berlin Bohannon Brantley, H. L. Brown, S. P. Carlisle Carrell Castleberry Chance Cole Coleman Collins, M. Connell Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Edwards Elliott Evans Foster

Gignilliat Grahl Grantham Greer Groover Harrington Hawes Hill, G. Jessup Jones King Knight Lane, W. J.
Larsen, W. W. Lee, W. J. (Bill) Lowrey Mauldin Miles Milford Moyer Mulherin Mullinax Nessmith Oxford Patterson

Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Ross Rush Smith, J. R. Stephens Strickland Sweat
Toles Turner Twiggs Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Atherton Bailey

Beckham Bennett, J. T. Berry Bond Brantley, H. H.

Bray Brown, B. D. Brown, C. Buck Burruss

Burton Busbee Clark Daugherty Davis, E. T. Dean, Gib Dean, J. E. Duke Egan Ellis Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Harden Harris, J. F. Harris, J. R. Harrison Hayes Hill, B. L. Hill, G. Horton, G. T.

MONDAY, JANUARY 15, 1973

231

Horton, W. L. Howard Hudson Hutchinson Irvin, R. Johnson Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Levitas Logan Mason Matthews, C. Matthews, D. R. McDaniell McDonald McKinney Morgan Nix Noble Northcutt

Odom Patten, G. C. Patten, R. L. Petro Reaves Roach Rogers Russell, J.
Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Thomason
Thompson Townsend Wall Whitmire Williams Willis Wood

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Blackshear Bostick Carr Collins, S. Colwell Coney

Ezzard Hamilton Howell Irvin, J. Irwin, J. R. Jordan Keyton Lewis

Marcus McCracken Murphy Shepherd Triplett Tucker Mr. Speaker

On the adoption of the amendment, the ayes were 74, nays 82.

The amendment was lost.

Mr. Savage of the 30th moved that HB 51 be recommitted to the Committee on Health and Ecology for further study.

The motion was ruled out of order by the Speaker Pro Tern.

Mr. Groover of the 75th moved that HB 51 and all amendments thereto be placed upon the table.

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

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, John Atherton Bohannon Brantley, H. L. Buck Burruss Castleberry Chance Cole Coleman Collins, M. Davis, E. T. Dean, N. Dickey Dixon Dollar Dorminy Edwards Evans Floyd, J. H. Floyd, L. R. Foster

Fraser Grahl Grantham
Greer Groover Hamilton Harris, J. F. Harrison Hill, G. Hudson Irvin, J. Jessup Jones King Knight
Lambert Lane, W. J. Larsen, W. W. Lowrey Mauldin McCracken 'Moyer Mullinax

Nessmith Patten, R. L. Patterson Pearce Peters Pinkston Reaves Ross Rush Shanahan Smith, J. R. Smith, V. B. Strickland Toles Tucker Turner Twiggs Walker Wamble
Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, M. L.

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin
Alexander, W. H. Alexander, W. M.
Alien Bailey Beckham Bennett, J. T. Berlin Bond
Brantley, H. H. Bray Brown, B. D.
Brown, C. Brown, S. P. Burton
Carlisle Clark Colwell Connell
Davis, W.

Dean, Gib Dean, J. E. Dent Duke Egan Elliott Ellis Farrar Geisinger Gignilliat Harden Harrington Harris, J. R. Hawes
Hays Hill, B. L.
Horton, G. T. Horton, W. L. Howard Howell Hutchinson

Irvin, R. Johnson
Jordan Kreeger Lane, Dick Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S. Levitas Logan Marcus Mason Matthews, C. Matthews, D. R. McDaniell McDonald McKinney Milford
Morgan Mulherin
Nix

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233

Noble Northcutt Odom Oxford
Patten, G. C. Petro Phillips, G. S. Phillips, L. L. Rainey
Ritchie

Roach Rogers Russell, J. Russell, W. D. Sams Savage Snow Stephens Sweat Thomason

Thompson Townsend Vaughn Waddle Wall Whitmire Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Berry Blackshear Bostick
Busbee Carr Carrell

Collins, S. Coney Daugherty Ezzard Irwin, J. R.
Keyton

Lewis Miles
Murphy Shepherd Triplett Mr. Speaker

On the motion to table, the ayes were 70, nays 92.

The motion was lost.

An amendment, offered by Mr. Brown of the 89th, was read and lost.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett, J. T. Berlin Bond Brantley, H. H. Bray Brown, B. D. Brown, C.

Brown, S. P. Buck Burton Busbee Carlisle Carrell Chance Clark Connell Daugherty
Davis, E. T. Davis, W.

Dean, Gib Dean, J. E. Dent Dixon Duke Egan Elliott Ellis
Ployd, L. R. Fraser Gei singer Gignilliat

234
Grantham Greer Hamilton Harden Harrington Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, R. Johnson Jordan Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan

JOURNAL OF THE HOUSE,

Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Petro Phillips, G. S. Phillips, L. L. Rainey

Roach Rogers Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thompson Townsend Triplett
Vaughn Waddle Wall Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams, J. H. Adams, John Adams, Marvin Atherton Bohannon Brantley, H. L. Burruss Castleberry Cole Coleman Collins, M. Colwell Dean, N. Dickey Dollar Dorminy Edwards Evans Floyd, J. H.

Foster Grahl Groover Harris, J. F. Harrison Hill, G. Hudson Irvin, J. Jessup King Knight Kreeger Lane, W. J. Larsen, W. W. Mauldin McCracken Miles Nessmith Patten, R. L. Patterson

Pearce Peters Pinkston Reaves Ritchie Ross Rush Smith, J. R. Strickland Toles Tucker Turner Twiggs Walker Wamble Ware Wheeler, Bobby Willis Wilson, M. L.

Those not voting were Messrs. :

Alien Berry Blackshear Bostick Carr Collins, S.

Coney Ezzard Farrar Irwin, J. R. Jones

Keyton Lewis Murphy Thomason Mr. Speaker

MONDAY, JANUARY 15, 1973

235

On the passage of the Bill, as amended, the ayes were 106, nays 58.

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

HB 137. By Messrs. Matthews and Logan of the 62nd, Ross of the 72nd, Lane of the 76th and others: A Bill to be entitled an Act to amend an Act entitled "Executive Re organization Act of 1972", so as to provide that the Board of Regents of the University System of Georgia shall be exempt from the pro visions of said Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr

Carrell Castleberry Chance Clark Cole Collins, M. Collins S. Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham

Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson
Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jordan Keyton King Knight Kreeger Lambert

236
Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith

JOURNAL OF THE HOUSE,

Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan

Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs:

Bennett Blackshear Coleman Colwell Coney Davis, E. T. Egan Elliott Ellis

Evans Ezzard Farrar Gignilliat Hawes Jessup Jones Larsen, G. K. Matthews, D. R.

Patten, G. C. Pinkston Shepherd Smith, J. R. Triplett Twiggs Wilson, M. L. Mr. Speaker

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

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

The Speaker assumed the Chair.
Leave of absence was granted this day to Mr. Coney of the 82nd in order that he might attend to pressing personal business.
Mr. Harris of the 51st requested the following appear in the Journal:

MONDAY, JANUARY 15, 1973

237

January 13, 1973

Honorable George L. Smith, II Speaker of the House State Capitol Atlanta, Georgia

Dear Mr. Speaker:

The regular meeting of the State Bar Disciplinary Board takes place Friday, January 19, 1973, at 10:00 a.m. As you may be aware, this Board is currently involved in an investigation into alleged fraudu lent practices by certain attorneys before the State Pardon and Parole Board. While I have never yet missed a day being in attendance on the General Assembly during the entire time of my service, I feel that I must attend that State Bar Board meeting. Therefore, I am requesting an excuse from attendance on Friday, January 19, from 9:45 a.m. until the Board meeting is concluded.

With kindest regards, I am

JRHjo

Very truly yours, /s/ J. Robin Harris

Leave of absence was granted to Mr. Harris of the 51st this day in ac cordance with the preceding request.

Mr. Busbee of the 114th 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 Tuesday, January 16, 1973

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

The following prayer was offered by Elder Guy E. Smith, Pastor, Bethel Primitive Baptist Church, Swainsboro, Georgia:
0 Lord God Almighty, we come to Thee, in the Name of the Lord Jesus Christ, the only mediator between God and man, to commune with Thee in prayer. Give us humble hearts, filled ith love and reverance for Thee and Thy will, that we might approach Thee in an acceptable manner.
As Israel of old was given a good land, a land that flowed with milk and honey, a people and land watched over by the God of Heaven and earth. Even so hast Thou given us a good land which flows with many blessings, and Thou hast watched over this land, the United States of America and her people. We thank Thee, O God, from whom all blessings flow, for our state, our nation and all blessings both natural and spiritual. But Lord, we need Thy watchcare over us and our land as much today as ever before; therefore, we beseech Thee to forgive us our sins, and have mercy upon us, and save our people and land from all enemies, from within and without.
We seek guidance, wisdom and strength for all elected or appointed officers of our nation, whose responsibilities and obligations are great, to Thee and to the people they serve. In behalf of the House of Representatives of the State of Georgia, grant a good and profitable day, and a beneficial session in the year 1973. Lead us in paths of righteousness for Thy Name's sake.
We humbly pray in the name of the Lord Jesus Christ. Amen.
By unanimous consent, the call of the roll was dispensed with.

Mr. Mauldin of the 13th, Chairman of the Committee on 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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239

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 218. By Messrs. Snow and Hays of the 1st and Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the Dade County Water Authority, so as to change the name of the authority: to change the provisions relative to the appointment and terms of office of members of the authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 219. By Messrs. Egan of the 25th and Greer of the 43rd:
A Bill to be entitled an Act to relieve nonprofit hospitals from ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HB 220. By Messrs. Triplett of the llth and Chance of the 112th:
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 3,000 pounds gross weight and less or 16 feet in length or less shall be exempt from the annual inspection provisions of said Act; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 221. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to increase the qualifying fees of candidates for the offices of mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 222. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to provide that the mayor and councilmen shall be elected by a majority vote; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 223. By Mr. Lane of the 40th:
A Bill to be entitled an Act to provide a new charter for the City of College Park in Pulton and Clayton Counties; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 224. By Mr. Lane of the 40th:
A Bill to be entitled an Act to repeal the Charter of the City of Palmetto in Fulton County and Coweta County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 225. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A Bill to be entitled an Act to repeal and replace the charter of the City of Thomson, as amended, so as to create a new charter for said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 226. By Messrs. Greer of the 43rd and Patten of the 124th:
A Bill to be entitled an Act to amend Code Section 34-629, relating to the requirement that electors vote in the election district in which they are registered with certain exceptions, so as to provide that all electors shall be required to vote in the district in which registered; and for other purposes. Referred to the Committee on State of Republic.

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241

HB 227. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to change the method of qualifying to allow a candidate to qualify for a primary by a qualifying petition and to provide the necessary procedures for this method; and for other purposes.
Referred to the Committee on State of Republic.

HB 228. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-8, relating to primary and election dates and to certain special elections, so as to provide that, whenever a special election shall be conducted at the same time of a general election, certain times provided for the general election shall apply to such special election; and for other purposes.
Referred to the Committee on State of Republic.

HB 229. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-10, relating to the nomination of candidates, so as to provide that unopposed candidates in primaries shall not be listed upon the ballot and shall be certified by the political party as the nominee of that party for the office sought; and for other purposes.
Referred to the Committee on State of Republic.

HB 230. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 34-1338, relating to the procedures for the processing of ballot cards at the tabulation center, so as to provide that duplicate cards shall be red in color, bear the same serial number as the defective ballot card and shall be attached to the defective card; and for other purposes.
Referred to the Committee on State of Republic.

HB 231. By Messrs. Patten of the 123rd, Greer of the 43rd and Adams of the 74th:
A Bill to be entitled an Act to amend Code Section 34A-1407, relating to runoff primaries and elections, so as to provide that a runoff shall be held on the 21st day after the day of holding the first primary or election; and for other purposes.
Referred to the Committee on State of Republic.

HB 232. By Messrs. Wilson of the 19th, Wheeler of the 127th, Cole of the 6th, Odom of the 114th, Bohannon and Patterson of the 64th, Foster of the 6th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum

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Foundation Program of Education Act", so as to include independent school systems in the calculation of the expenses of pupil transporta tion; and for other purposes.
Referred to the Committee on Education.

HB 233. By Messrs. Dean of the 17th, Toles of the 16th and Dollar of the 63rd:
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 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 234. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to redefine the term "area of operation"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 235. By Messrs. Groover of the 75th, Tucker of the 69th, Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus"; to prescribe eligibility for incumbents; and for other purposes.
Referred to the Committee on Judiciary.

HB 236. By Messrs. Ware, Mullinax and Knight of the 65th:
A Bill to be entitled an Act to amend Code Section 27-2511, relating to sentence for convictions of second offenses and service of sentence by fourth offenders, so as to provide that persons convicted of second or subsequent offenses shall not be eligible for parole until the maximum sentence has been served; and for other purposes.
Referred to the Committee on Judiciary.

HB 237. By Messrs. Ware, Mullinax and Knight of the 65th:
A Bill to be entitled an Act to provide that a person may produce wine in volumes which do not exceed 200 gallons in any one calendar year to be consumed within his household without any requirement to be licensed for such purpose; and for other purposes.
Referred to the Committee on Temperance.

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243

Mr. Ware of the 65th moved that HB 237 be engrossed.

The motion prevailed and HB 237 was ordered engrossed.

HB 238. By Messrs. Odom, Busbee, Hutchinson and Lee of the 114th:
A Bill to be entitled an Act to create a new charter for the City of Leesburg, and to repeal and replace the charter provided by an Act establishing a new charter for the Town of Leesburg; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 239. By Mr. Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that any service as a member of the General Assembly subsequent to Jan. 1, 1954, shall be deemed to be membership service for involuntary separa tion purposes provided such member shall have been a full-time State employee for 8 consecutive quarters; and for other purposes.
Referred to the Committee on Retirement.

HB 240. By Mr. Buck of the 87th:
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 widows' benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 241. By Mr. Horton of the 43rd:
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 & Community Affairs--Local Legislation.

HB 242. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues in the County of Chattahoochee, and creating in lieu thereof a new board of commissioners of roads

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and revenues for said county, so as 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 243. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of Tax Com missioner of Chattahoochee 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 244. By Messrs. Brown of the 89th, Adams of the 36th, Dickey and Berlin of the 89th:
A Bill to be entitled an Act to revise, classify, consolidate, and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 245. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to provide that whenever any driver's license has been suspended or revoked pursuant to any provisions of any law, the holder of such license must have successfully completed a safe driving course to be prescribed by the Commissioners of the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 247. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to change certain of the provisions relating to the administration of chemical tests used to determine the

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245

alcoholic and drug content of blood and the use thereof; and for other purposes.
Eeferred to the Committee on Motor Vehicles.

HB 248. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to create within the Division of Environmental Protection an Economic Analysis Section; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 249. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to authorize the Economic Analysis Section to acquire, construct, improve and operate water or sewerage treatment facilities; to require the Section to establish certain short and long term economic needs in relation to the financing of water or sewerage treatment systems; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 250. By Messrs. Morgan of the 70th, Buck of the 87th, Hutchinson of the 114th, Harrison of the 116th, Dorminy of the 115th, Murphy of the 18th and Carrell of the 71st:
A Bill to be entitled an Act to amend an Act authorizing counties in this State to establish and maintain law libraries, so as to change the provisions relating to methods for financing the cost of establishing and maintaining said libraries; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 251. By Messrs. Matthews and Collins of the 122nd, Chance of the 112th, Nessmith of the 76th, Hudson of the 115th, Carr of the 90th, Patten of the 123rd, Carrell of the 71st 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 eliminate the local funds required to support the minimum foundation program of edu cation; and for other purposes.
Referred to the Committee on Education.

HR 75-251. By Messrs. Strickland of the 116th, Coleman, Jessup and Larsen of the 102nd and Harrison of the 116th:
A Resolution proposing an amendment to the Constitution so as to

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repeal the provision that the county officers of Telfair County shall be ineligible to hold office under certain conditions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 76-251. By Messrs. Kreeger of the 21st, Howard of the 19th, Duke, Nix and McDaniell of the 20th, Burruss of the 21st, Wilson and Atherton of the 19th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 77-251. By Mr. Roach of the 8th:
A Resolution to ratify the Equal Rights Amendment to the United States Constitution; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 252. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to strike the provision of said charter prohibiting the taxation of woodland of five or more acres until it is laid off in lots; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 253. By Messrs. Harrison of the 116th, Dean of the 17th, Wheeler of the 127th, Miles of the 79th, Adams of the 84th, Shanahan of the 7th, Patten of the 123rd, Peters of the 2nd, Larsen of the 102nd and others:
A Bill to be entitled an Act to amend the "Act Creating the Public School Employees' Retirement System", so as to change the provisions relative to termination of membership; and for other purposes.
Referred to the Committee on Retirement.

HB 254. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Coroner of Stephens County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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247

HB 255. By Messrs. Levitas of the 50th, Burruss of the 21st, Larsen of the 27th:
A Bill to be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; and for other purposes.
Referred to the Committee on Judiciary.

HB 256. By Messrs. Levitas of the 50th, Horton of the 43rd and Knight of the 65th:
A Bill to be entitled an Act to amend an Act providing for the re organization of functions within the Executive Branch of State Govern ment, so as to provide that the functions of the Bureau of State Planning and Community Affairs transferred to the Department of Community Development shall include Section 2(g) of an Act approved March 31, 1967; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 257. By Messrs. Ware of the 65th, Wood of the 9th, Wall of the 61st, Moyer of the 99th, Hays of the 1st, Berry of the 86th, Pearce of the 87th and Gignilliat of the 105th:
A Bill to be entitled an Act to amend an Act providing1 immunity from civil liability to the owners of property who gratuitously permit any civil defense agency, board or other authority to utilize said property as a shelter, so as to provide said immunity to persons furnishing1 shelter during an actual or practice emergency attack; and for other purposes.
Referred to the Committee on Judiciary.

HB 258. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wood of the 9th, Wall of the 61st, Moyer of the 99th, Hays of the 1st, Berry of the 86th, Pearce of the 87th and Berlin of the 89th:
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 authorize coverage of employees of local housing authorities and other public authorities may be created by general, local or special Act of the General Assembly; and for other purposes.
Referred to the Committee on Retirement.

HB 259. By Messrs. Mullinax of the 65th, Grantham of the 127th, Harden of the 128th, Davis of the 85th, Burton of the 47th and Adams of the 84th:
A Bill to be entitled an Act to assure safe and healthful working

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conditions for working men and women; to authorize enforcement of the standards developed under this Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 260. By Messrs. Mullinax and Ware of the 65th, Johnson of the 68th, Ritchie of the llth, Phillips of the 103rd, Knight of the 65th, Rush of the 104th, Carr of the 90th, Mauldin of the 13th and others:
A Bill to be entitled an Act to provide that any business which shall offer trading stamps to its customers must display, in a conspicuous manner, the cash equivalent value of the trading stamps and afford to its customers an option of receiving a cash discount on purchases equivalent to the value of the trading stamps; and for other purposes.
Referred to the Committee on Industry.

HB 261. By Mr. Adams of the 36th:
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 provide additional pension benefits to certain officers and em ployees of such cities who have served for 5 or more years as judge pro hac of certain courts within said cities; and for other purposes.
Referred to the Committee on Retirement.

HB 262. By Messrs. Cole and Poster of the 6th:
A Bill to be entitled an Act to amend an Act amending an Act in corporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of said City, so as to correct certain inequities in the plan; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 78-262. By Mr. Logan of the 62nd:
A Resolution compensating Mrs. Sara A. L. Powell; and for other purposes.
Referred to the Committee on Appropriations.

HR 79-262. By Mr. Smith of the 91st:
A Resolution compensating Mr. William P. Cowell; and for other pur poses.
Referred to the Committee on Appropriations.

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249

HR 80-262. By Mr. Dean of the 17th:
A Resolution compensating Mr. Eugene Redding; and for other pur poses.
Referred to the Committee on Appropriations.

HR 81-262. By Mr. Dean of the 17th: A Resolution compensating Geraldine Dodgen; and for other purposes.
Referred to the Committee on Appropriations.

HB 263. By Messrs. Larsen of the 27th, Hawes of the 43rd, Knight of the 65th and Alexander of the 39th: A Bill to be entitled an Act to revise, classify, consolidate, and supersede present laws relating to interest, usury extensions of credit, small loans, consumer credit sales, consumer leases and debt collection; to provide for a short title; and for other purposes.
Referred to the Committee on Banks and Banking.
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 Committee on Retirement:
HB 307. By Messrs. Buck of the 87th, Murphy of the 18th, Rush of the 104th and others: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the benefits and provisions relative to persons who have previously retired; and for other purposes.
HB 308. By Messrs. Buck of the 87th, Lane of the 76th, Rush of the 104th and Murphy of the 18th: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to divide Section 5 into subsections for easier reference; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 180. By Messrs. Jessup, Larsen and Coleman of the 102nd: A Bill to be entitled an Act to provide for the number of members of the County Board of Education of Pulaski County; and for other purposes.

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HB 181. By Messrs. McKinney of the 35th, Brown of the 89th, Shepherd of the 28th, Dean of the 54th, Mrs. Clark of the 55th, Messrs. Petro of the 46th, Brown of the 34th and Hill of the 110th:
A Bill to be entitled an Act to amend and repeal certain laws of this State prohibiting or regulating the operation of business or the conduct of trade on Sundays; and for other purposes.

HB 182. By Messrs. Bohannon and Patterson of the 64th, Farrar of the 52nd and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to allow a member to retire after 30 years or more of creditable service without reduction in service allowance for retirement before age 62; and for other purposes.

HB 183. By Mr. Brown of the 34th:
A Bill to be entitled an Act to prevent change by Home Rule of the March 31 deadline for increases in certain salaries or allowances in the City of Atlanta; and for other purposes.

HB 184. By Messrs. Brown of the 34th, McKinney of the 35th, and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend the Revenue Tax Act so as to remove the limitation on the amount of license fee local governments may charge for retail liquor sales (off-premises consumption) and the per-bottle retail liquor tax; and for other purposes.

HB 185. By Messrs. Brown of the 34th and McKinney of the 35th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta so as to apply homestead exemption to City of Atlanta ad valorem taxation for educational purposes and to increase the homestead exemption to $5,000 per annum; and for other purposes.

HB 186. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for sheriffs, so as to provide increased retirement benefits for those who become eligible to receive retirement benefits from and after April 1, 1973; and for other purposes.

TUESDAY, JANUARY 16, 1973

251

HB 187. By Messrs. Savage of the 30th, Snow of the 1st, Harris of the 51st, Odom of the 114th, Hawes of the 43rd, Atherton of the 19th, Alexander of the 39th, Hays of the 1st and others:
A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, so as to provide for the nonpartisan election of judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court; and for other purposes.

HB 188. By Mr. Rush of the 104th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relative to game and fish, so as to provide for a catch out pond license; and for other pur poses.

HB 189. By Mr. Rush of the 104th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising1, superseding and consolidating the laws relative to game and fish, so as to define commercial fish hatchery; and for other purposes.

HB 190. By Messrs. Keyton of the 121st, Collins and Matthews of the 122nd, Williams of the 9th, Jordan of the 58th, Patten of the 123rd, Wilson of the 19th, Hudson of the 115th and Patterson of the 64th:
A Bill to be entitled an Act to amend Code Section 26-2904, relating to the issuance of a license to carry a pistol or revolver, so as to provide for the sheriff in each county to evaluate applications for licenses; to provide for all licenses issued before the effective date; and for other purposes.

HB 191. By Messrs. Keyton of the 121st, Collins and Matthews of the 122nd, Jordan of the 58th, Patten of the 123rd, Wilson of the 19th, Thomason of the 8th, Hudson of the 115th, Patterson of the 64th, Burruss of the 21st, Duke of the 20th and Phillips of the 103rd:
A Bill to be entitled an Act to provide that it shall be unlawful to display within motion picture theatres certain scenes to certain audi ences; and for other purposes.

HR 60-191. By Mr. Brown of the 34th:
A Resolution proposing an amendment to the Constitution to apply homestead exemption to City of Atlanta ad valorem taxation for edu cational purposes and to increase the homestead exemption to $5,000 per annum; and for other purposes.

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JOURNAL OP THE HOUSE,

HR 61-191. By Messrs. Brown of the 67th, Savage of the 30th and Harris of the 51st:
A Resolution proposing an amendment to the Constitution, so as to aholish the office of Lieutenant Governor; and for other purposes.

HR 62rl91. By Mr. Mauldin of the 13th:
A Resolution compensating Mr. Hoyt Jackson LaCroy; and for other purposes.

HR 63-191. By Mr. Brown of the 34th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Atlanta to create special service districts and to levy taxes within such districts for the cost of service therein provided; and for other purposes.

HB 192. By Mr. Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to eliminate the requirements for maintaining an annuity reserve fund and pension reserve fund; and for other purposes.

HB 193. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to retire ment benefits; and for other purposes.

HB 194. By Messrs. Farrar of the 52nd and Buck of the 87th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to leaves of absence; and for other purposes.
HB 195. By Messrs. Farrar of the 52nd, Buck of the 87th and Matthews of the 62nd: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to disability retirement; and for other purposes.
HB 196. By Messrs. Farrar of the 52nd, Buck of the 87th and Matthews of the 62nd: A Bill to be entitled an Act to amend an Act establishing the Teachers'

TUESDAY, JANUARY 16, 1973

253

Retirement System, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act; and for other purposes.

HB 197. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to local retirement systems and service rendered in such local systems; and for other purposes.

HB 198. By Messrs. Bennett of the 124th, Patten of the 123rd, Burton of the 47th and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Chapter 114-7, relating to the powers, duties, functions, hearings, records, reports and appeals of the State Board of Workmen's Compensation, so as to provide that an employer or insurance carrier who unreasonably delays the payment of workmen's compensation benefits shall be subject to a penalty; and for other purposes.

HB 199. By Messrs. Bennett of the 124th, Patten of the 123rd, Hudson of the 115th and Burton of the 47th:
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 provide that the clerks of the superior courts shall not be required to file any civil case or proceeding until a deposit of cost has been made; and for other purposes.

HB 200. By Messrs. Bennett of the 124th, Patten of the 123rd, Hudson of the 115th and Burton of the 47th:
A Bill to be entitled an Act to amend an Act providing that all meetings of any state department, agency, board, bureau, commission or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, so as to exempt certain deliberations by boards of education from the provisions of such Act; and for other purposes.

HB 201. By Messrs. Collins of the 122nd, Reaves of the 124th, Wheeler of the 127th and Patten of the 124th:
A Bill to be entitled an Act to regulate the treatment and sale of certain timber or timber products within the State of Georgia; to provide for a short title; and for other purposes.

HB 202. By Mr. Wood of the 9th: A Bill to be entitled an Act to provide that in the event an agent of

254

JOURNAL OF THE HOUSE,

any insurer shall by his neglect fail to provide for the renewal of any policy of insurance for the insured within 30 days after expiration, the agent shall be legally responsible for any damages suffered by the insured due to the neglect of the agent; and for other purposes.

HR 64-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane of the 76th and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the State Board of Pardons and Paroles shall not grant a parole or commute the penalty of a person sentenced to life imprison ment for aircraft hijacking unless such person has served not less than 50 years of such sentence; and for other purposes.

HR 65-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a person has been sentenced to life imprisonment for the crime of aggravated sodomy unless such person shall have served not less than 50 years of such life sentence; and for other purposes.

HR 66-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty in which a person has been sentenced to life imprisonment for the crime of kidnapping unless such person shall have served not less than 50 years of such sentence; and for other purposes.

HR 67-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a person has been sentenced to life imprisonment for the crime of rape unless such person has served not less than 50 years of such sentence; and for other purposes.

HR 68-202. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not grant

TUESDAY, JANUARY 16, 1973

255

a parole or commute a sentence in any case in which a person has been sentenced to life imprisonment for the crime of armed robbery unless such person shall have served not less than 50 years of such sentence; and for other purposes.

HB 203. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the Pension laws for general employees and officers (including teachers) for cities with populations over 300,000; to change benefits and eligibility; and for other purposes.

HB 204. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act providing that it shall be the duties of all sheriffs, chiefs of police, and the heads of anj" other State law enforcement to obtain information of persons charged with violating any criminal law of this State; and for other purposes.

HB 205. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to authorize service outside the corporate limits of any city by certain city employees of certain city process, summons and other departmental documents; and for other purposes.

HB 206. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 87-897 so as to permit municipalities of over 400,000 population to guarantee payment of interest and principal on revenue bond interest and principal pay ments out of ad valorem tax receipts after creation of certain reserves; and for other purposes.

HB 207. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to authorize municipalities having a popula tion of over 50,000 and providing any three of five specified govern mental services to impose, levy and collect a 1% income tax to be withheld at the place of employment within the city; and for other purposes.

HB 208. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta so as to authorize the City to issue delinquent tax execution after December 20 in each year as is done by Fulton County; and for other purposes.

256

JOURNAL OP THE HOUSE,

HB 209. By Messrs. Alexander of the 38th and McKinney of the 35th:
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 provision for appeal of orders or acts of the Commissioner; and for other purposes.

HB 210. By Messrs. Reaves, Patten and Bennett of the 124th, Keyton of the 121st, Collins of the 122nd, Grantham of the 127th and Wamble of the 120th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to provide that any member who was an employee of a State Department as reflected in the Auditor's Report ending June 30, 1970, who was a member of the General Assembly between Jan. 1, 1954 and Jan. 1, 1967, may receive member ship service credit; and for other purposes.

HB 211. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend an Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of a municipality having a total population of 300,000 or more, so as to require the Chairman of such Joint Board to certify the completed Tax Digests annually; to file one copy thereof with the State Revenue Commissioner; and for other purposes.

HB 212. By Messrs. Patten of the 123rd, Willis of the 119th, Alexander of the 39th, Stephens of the 37th, Matthews of the 122nd, Adams of the 74th, Bennett of the 124th, Bostick of the 123rd, Burton of the 47th and others:
A Bill to be entitled an Act to amend Code Section 34A-702, relating to the date and notice of municipal elections, so as to provide that munici pal elections shall be held on a Tuesday; and for other purposes.

HB 213. By Messrs. Stephens of the 37th and Murphy of the 18th:
A Bill to be entitled an Act to amend the "Fire Fighters' Mediation Act", so as to change the definition of the term "fire fighter"; and for other purposes.

HB 214. By Messrs. Burruss of the 21st, McDaniell of the 20th, Kreeger of the 21st, Wilson of the 19th, Nix and Duke of the 20th, Atherton of the 19th, Reaves of the 124th, Groover of the 75th, Bohannon of the 64th and Patterson of the 64th:
A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes levied by any county or independent school

TUESDAY, JANUARY 16, 1973

257

district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum; and for other purposes.

HB 215. By Messrs. Lewis of the 77th, Lane and Nessmith of the 76th and McCracken of the 77th:
A Bill to be entitled an Act to amend an Act changing the terms of the Superior Court of Burke County, so as to change the date for the beginning of the terms of the Superior Court of Burke County; and for other purposes.

HR 69-215. By Mr. Adams of the 36th:
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 on his home which he owns and which he actually occupies as a residence and homestead; and for other purposes.

HR 70-215. By Mr. Alexander of the 38th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to permit the City of Atlanta to guarantee payment of interest and principal on revenue bond interest and principal payments out of ad valorem tax receipts after creation of certain reserves; and for other purposes.

HB 216. By Messrs. Egan of the 25th and Collins of the 45th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, so as to provide relief from local property taxes through a system of State income tax credits and refunds to certain persons who own their places of dwelling within this State; and for other purposes.
HB 217. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-6, relating to the registration of electors, so as to provide that the official electors list shall contain the address of each elector whose name appears thereon; and for other purposes.

HR 71-217. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide for a special election in each odd-numbered year for the purpose of submitting constitutional amendments and proposals for a new Constitution to the electors for ratification; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 72-217. By Mr. Marcus of the 26th: A Resolution compensating Mr. Bruce G. Ellett; and for other purposes.

Mr. McCracken of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 39. Do Pass. HB 55. Do Pass. HB 151. Do Pass.

Respectfully submitted, McCracken of the 77th, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 127. Do Pass, as Amended. HB 17. Do Pass. HB 95. Do Pass, as Amended.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Rainey of the 115th District, Chairman of the Committee on Recreation, submitted the following report:
Mr. Speaker:
Your Committee on Recreation has had under consideration the following

TUESDAY, JANUARY 16, 1973

259

Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 62. Do Pass.
Respectfully submitted, Rainey of the 115th, Chairman.

Mr. Roach of the 8th 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 has instructed me to report the same back to the House with the following recommendations:
HB 56. Do Pass. HB 4. Do Pass. HB 5. Do Pass.
Respectfully submitted, Roach of the 8th, Chairman.

Mr. Howell of the 118th 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 59. Do Pass. HB 69. Do Pass. HB 88. Do Pass. HB 70. Do Pass. HB 89. Do Pass, by Substitute.
Respectfully submitted, Howell of the 118th, Chairman.

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JOURNAL OP THE HOUSE,

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

HR 38-135. By Messrs. Snow of the 1st, Lee of the 114th, Evans of the 89th and others:
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.

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, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C.
Buck Burruss Burton Bushee Carlisle Carrell Castleberry
Chance Cole Coleman Collins, S. Connell Davis, E. T. Davis, W. Dean, Gib
Dean, N. Dent

Dickey Egan Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jones Jordan Keyton King Knight Kreeger
Lambert
Lane, Dick
Larsen, W. W.

Lee, W. S. Levitas Logan Lowrey Marcus Mason Mauldin McCracken McDonald Milford Moyer Mulherin Mullinax Murphy Noble Odom Oxford Patten, G. C. Patten, R. L. Pearce Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D.
Savage
Shanahan
Shepherd

Smith, V. B. Snow Stephens Thompson Toles Triplett Tucker

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261

Turner Vaughn Waddle Walker Wall Wamble Ware

Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, Marvin Foster Howard

Lane, W. J. Nessmith

Nix Wilson, J. M.

Those not voting were Messrs:

Beckham Blackshear Bohannon Brown, S. P.
Carr
Clark Collins, M. Colwell Coney Daugherty Dean, J. E. Dixon Dollar Dorminy Duke
Edwards

Elliott Ezzard Fraser Hamilton Harrington Hill, B. L. Hill, G. Irwin, J. R.
Jessup Johnson Larsen, G. K. Lee, W. J. (Bill) Lewis Matthews, C. Matthews, D. R. McDaniell

McKinney
Miles Morgan Northcutt Patterson Phillips, G. S. Phillips, L. L. Sams Smith, J. R.
Strickland Sweat Thomason Townsend Twiggs Willis
Mr. Speaker

On the motion to reconsider, the ayes were 125, nays 7.

The motion prevailed and HR 38-135 was reconsidered.

By unanimous consent, the following Resolution of the House was recom mitted to the Committee on Judiciary for further study:

HR 38-135. By Messrs. Snow of the 1st, Lee of the 114th, Evans of the 89th and others:
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.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Motor Vehicles:

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JOURNAL OF THE HOUSE,

HB 60. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 68-502, relating to the definition of terms pertaining to the regulation of motor carriers, so as to change the provisions relative to the definition of the term "motor carrier"; and for other purposes.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 8. By Mr. Murphy of the 18th:
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.

Mr. Murphy of the 18th moved that the House reconsider its action in previously adopting the following amendment, offered by Mr. Hudson of the 115th:

Mr. Hudson of the 115 moves to amend HB 8 as follows:

By inserting in the title, immediately preceding the phrase "to re peal conflicting laws", the following:
"to provide that the condemning authority shall be required to pay all court costs and reasonable attorneys fees connected with any condemnation proceedings; to provide the procedures connected therewith;".

By renumbering Section 2 as Section 3.

By adding a new Section 2, to read as follows:

"Section 2. Said Act is further amended by adding a new sec tion, immediately following Section 9, to be designated Section 9A, to read as follows:

'Section 9A. 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

TUESDAY, JANUARY 16, 1973

263

and reasonable attorney fees of the condemnee in such proceedings. The amount of such attorney fees shall be fixed in the discretion of the court.'"

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Chance Cole Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Ellis Farrar Floyd, J. H. Foster Geisinger Gignilliat

Grahl Groover Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, W. L. Howard Howell Hutchinson Irvin, J. Irwin, R. Jessup Jones King Knight Kreeger Lambert Larsen, G. K. Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell Miles Milford Morgan Moyer
Mulherin
Mullinax
Murphy

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H.

Blackshear Coleman

Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Peters Petro Phillips, G. S. Roach Rogers Ross Rush Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Tucker Vaughn Waddle Walker Wall Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood
Collins, M. Evans

264
Floyd, L. R. Hudson Lane, Dick Lane, W. J.

JOURNAL OF THE HOUSE,

McKinney Pearce Reaves Ritchie

Russell, J. Twiggs Wamble

Those not voting were Messrs.:

Alexander, W. H. Atherton Bohannon Bond Bos tick Brown, B. D. Burruss Carr Carrell Castleberry Clark Collins, S. Colwell Coney Daugherty Dean, J. E.

Edwards Elliott Ezzard Fraser Grantham
Greer Hamilton Harris, J. F. Hill, G.
Horton Irwin, J. R.
Johnson
Jordan Keyton Larsen, W. W.
Lee, W. J. (Bill)

Lewis Matthews, D. R. McDonald
Nessmith Northcutt Patterson Phillips, L. L. Pinkston
Rainey Strickland Thomason
Triplett Turner Wheeler, Bobby Mr. Speaker

Due to mechanical failure, the votes of Messrs. Levitas of the 50th and Shepherd of the 28th were not recorded.

On the motion to reconsider the adoption of the Hudson amendment, the ayes were 114, nays 17.

The motion prevailed and the previous adoption of the Hudson amendment was reconsidered.

The report of the Committee, which was favorable 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, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien
Bailey Bennett

Berlin
Berry Blackshear Bohannon Brantley, H. H. Brantley, H. L.
Bray Brown, C.

Brown, S. P.
Buck Burton Busbee Carlisle Chance
Cole Coleman

Collins, M. Colwell
Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dollar
Dorminy Duke
Egan Ellis Evans
Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L.
Horton, G. T. Horton, W. L. Howard Howell Hudson

TUESDAY, JANUARY 16, 1973

265

Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup
Jones Jordan Keyton King
Knight Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell Miles Morgan
Moyer Mulherin Mullinax Murphy Nessmith
Nix Noble Odom
Oxford
Patten, G. C.

Patten, R. L. Patterson Pearce Peters
Phillips, G. S. Reaves
Ritchie Roach
Rogers Ross Rush Russell, J. Russell, W. D.
Sams Savage Shanahan Shepherd
Smith, J. R. Snow Stephens
Sweat Toles Townsend Tucker Twiggs Vaughn Waddle Walker
Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams Wilson, M. L.
Wood

Those voting in the negative were Messrs.

Adams, Marvin Beckham Castleberry Dickey

Foster Levitas McKinney Wall

Those not voting were Messrs.:

Atherton Bond Bostick
Brown, B. D. Burruss Carr Carrell

Clark Collins, S.
Coney Daugherty Dean, J. E. Edwards Elliott

Wamble Willis Wilson, J. M.
Ezzard Farrar Fraser Hamilton Hill, G. Johnson Larsen, W. W.

266

JOURNAL OF THE HOUSE,

Lee, Vf. 3. (Bill) Lewis
Matthews, D. R.
McDonald Milford Northcutt

Petro Phillips, L. L.
Pinkston
Rainey Smith, V. B. Strickland

Thomason Thompson
Triplett
Turner Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 11.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Adams of the 74th stated that he had inadvertently voted "nay" but in tended to vote "aye" on the passage of HB 8.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 57. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th 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 a special as sistance fund for certain local units of administration; and for other purposes.

The following amendment was read:
Mr. Hawes of the 43rd moves to amend HB 57 as follows:
By striking the material quoted in Section 1 as subsection (g) of the proposed Section 28A, beginning on Line 15 of page 4, and inserting in lieu thereof the following:
"(g) These funds must be used to meet minimum standards as adopted by the State Board of Education. Priority shall be given to standards 5, 10, 19, and 22 as issued by the State Board of Edu cation of 1972. Thereafter the remaining standards shall be met. After these standards are met, funds may be applied to other edu cational expenditures subject to a plan submitted by the local unit of administration and approved by the State Board of Education. The State Board of Education is hereby authorized and directed to adopt and promulgate such rules and regulations as said Board deems necessary or desirable to implement and carry out the pro visions of the Section."

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267

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Berlin Blackshear Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Burton Carlisle Chance Clark Connell Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey

Duke Egan Elliott Ellis Evans Poster Praser Grahl Hamilton Harris, J. R. Hawes Horton, G. T. Howard Irvin, R. Jessup Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Levitas Logan Marcus
Mason Matthews, C.

McDaniell McKinney Morgan Moyer Mulherin Murphy Nix Patten, R. L. Petro Pinkston Sams Shepherd Stephens Strickland Sweat Thompson Toles Townsend Vaughn Waddle Walker Williams Wilson, J. M.

Those voting in the negative were Messrs.

Alien Bailey Berry Bohannon Bostick Brantley, H. L. Bray Brown, C. Buck Busbee Carr Carrell Castleberry Colwell Coney Davis, E. T. Dent Dixon Dollar Dorminy Edwards

Farrar Floyd, J. H. Gignilliat Grantham Greer Harden Harrington Harris, J. P. Harrison Hays Hill, G. Horton Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Johnson Jones Jordan Keyton

King Knight Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Mauldin Miles Milford Mullinax Nes smith Noble Northcutt Oxford Patten, G. C. Pearce Phillips, G. S. Phillips, L. L. Reaves

268
Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Savage

JOURNAL OF THE HOUSE,

Shanahan Smith, V. B. Snow
Thomason Triplett Tucker
Twiggs Wall

Wamble Ware Wheeler, J. A. Whitmire Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Beckham Bennett Coleman Collins, M. Collins, S. Daugherty Ezzard

Floyd, L. R. Geisinger Hill, B. L. Matthews, D. R. McCracken McDonald Odom

Peters Rainey Smith, J. R. Wheeler, Bobby Mr. Speaker

On the adoption of the amendment, the ayes were 71, nays 86.

The amendment was lost.

Mr. Groover stated that due to mechanical failure, his vote did not record on the adoption of the Hawes amendment. He wished to be recorded as voting

Due to mechanical failure, the votes of Messrs. Cole of the 6th, Patterson of the 64th and Turner of the 3rd were not recorded.
The following amendments were read and adopted:
Mr. Jordan of the 58th moves to amend HB 57 as follows:
By striking the material quoted in Section 1 as subsection (g) of the proposed Section 28A, beginning on line 15 of page 4, and inserting in lieu thereof the following:
"(g) These funds must be used to meet minimum standards as adopted by the State Board of Education. After these standards are met, funds shall be applied to other educational expenditures sub ject to a plan submitted by the local unit of administration and ap'

TUESDAY, JANUARY 16, 1973

269

proved by the State Board of Education. The State Board of Edu cation is hereby authorized and directed to adopt and promulgate such rules and regulations as said Board deems necessary or desir able to implement and carry out the provisions of this Section."

Mr. Jordan of the 58th moves to amend HB 57 by striking line 5 on page 2 and inserting in lieu thereof the following:
"result by an amount equal to 15 mills less the number of mills necessary to raise the Statewide required local effort."

and by striking from line 10 the words "15 mills" and inserting in lieu thereof the following:
"an amount equal to 15 mills less the number of mills neces sary to raise the required local effort."

and by inserting on line 29 of page 2 after the word "mills" and before the word "applied" the following:
", less the number of mills necessary to raise the required local effort"

and by adding on line 34 of page 2 following the word "levied" the following:
", less the mills necessary for the required local effort,"

and by adding on line 2 of page 3 after the word "the" and before the word "mills" the following:
"enrichment"

and by striking line 8 of page 3 and inserting in lieu thereof the fol lowing:

"mills, less the mills required by the required local effort for the local unit of administration."

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alien Atherton Bailey Berlin Berry Bohannon Bostick Brantley, H. H. Brantley, H. L.
Bray Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Coleman Colwell Coney Connell Davis, E. T. Davis, W. Dent Dickey Dixon Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster, R. L. Geisinger Gignilliat Grahl

Grantham Greer Harden Harrington Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Marcus Matthews, C. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin
Mullinax

Those voting in the negative were Messrs.:

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

Blackshear Bond

Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Strickland Thompson Toles Townsend Triplet* Tucker Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.
Brown, B. D. Brown, S. P.

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271

Clark Collins, M. Dean, Gib Dean, J. E. Dean, N. Dollar Dorminy Floyd, J. H. Fraser Hamilton

Harris, J. F. Harris, J. R. Harrison Hill, B. L. Lane, W. J. Lowrey Mason McKinney Murphy Nessmith

Shepherd Stephens Sweat Thomason Vaughn Whitmire Williams Wood

Those not voting were Messrs.:

Beckham Bennett Collins, S.

Daugherty Ezzard Matthews, D. R.

Peters Rainey Mr. Speaker

On the passage of the Bill, as amended, the ayes were 133, nays 34.

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

Mr. Matthews of the 122nd stated that he had been called from the floor of the House when the roll was called on the passage of HB 57, as amended. He wished to be recorded as voting "aye".
Messrs. Groover of the 75th, Cole of the 6th, Patterson of the 64th and Turner of the 3rd stated that due to mechanical failure, their votes were not recorded on the passage of HB 57, as amended. They wished to vote "aye".

The following Resolutions of the House were read and adopted:

HR 93. By Messrs. Wood and Whitmire of the 9th:
A RESOLUTION
Congratulating Honorable William Marcus "Bill" Williams on the occasion of his 63rd Birthday; and for other purposes.
WHEREAS, on January 16, 1910, in the small town of Hazelhurst, Georgia, Mr. and Mrs. Roger Williams became the proud parents of a baby boy, William Marcus "Bill" Williams; and

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WHEREAS, to commemorate this date in history our distinguished colleague from Hall County, Honorable William Marcus "Bill" Wil
liams, is celebrating his 63rd Birthday; and

WHEREAS, from this date in 1910, he has become one of the most respected citizens of Gainesville, Georgia; and

WHEREAS, he has served the people of Hall County for over six teen years as their representative to this Body; and

WHEREAS, as new chairman of the Banks and Banking Com mittee he will demonstrate the same outstanding leadership ability as he showed as past chairman of the Motor Vehicle Committee; and

WHEREAS, his legislative experience and keen understanding of governmental problems has made him one of the most influential mem bers of the Appropriations Committee and the Rules Committee; and

WHEREAS, his remarkable ability is accompanied by a warm per sonality and friendly manner which makes him not only a highly re spected member of this body but also one of its most popular members.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby ex tend their heartiest congratulations to Honorable William Marcus "Bill" Williams on the occasion of his 63rd 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 Honorable William Marcus "Bill" Williams.

HR 95. By Mr. Smith of the 91st:
A RESOLUTION
Commending Honorable Edwin L. Swain; and for other purposes.
WHEREAS, Honorable Edwin L. Swain, Director of the State Merit System, retired from that position in 1972, after having served continuously in that capacity for over 29 years, having been selected as the first Director in 1943; and
WHEREAS, through his leadership and dedicated service the State Merit System grew from a coverage of approximately 1,300 employees in three departments to a coverage of over 30,000 employees in practi cally every department and agency of State Government; and
WHEREAS, he led the way in establishing for the State of Georgia a genuine career service, offering State employees the advantages and benefits of working under a single, forward-looking employer; and

TUESDAY, JANUARY 16, 1973

273

WHEREAS, he was born in Tattnall County, attended public school in Alamo, attended Georgia Military College, received a B.S.C. degree from Mercer University and a Masters Degree from Columbia Uni versity; and

WHEREAS, he is a member of the Presbyterian Church and holds memberships in many civic, fraternal and professional organizations, including Kiwanis, Elks, Phi Delta Theta Fraternity, past Chairman of
the Southern Regional Conference of the Civil Service Assembly and many others; and

WHEREAS, he was the recipient of the "Distinguished Public Service Award on October 23, 1969, at the 1969 International Confer ence on Public Personnel Administration and was selected to Honorary Lifetime membership in the Public Personnel Association at the annual meeting of that Association on October 21, 1970 for his outstanding contributions to the field of personnel service; and

WHEREAS, he is married to the former Louise Nisbit Holland and they have two fine children, Edwin L. Swain, Jr. and Susan Swain Wilkinson; and

WHEREAS, his personal qualities of warmth, idealism and in tegrity have been a source of constant inspiration to his colleagues in State Government and he has earned their deep respect and friendship.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Edwin L. Swain is hereby com mended for his many years of outstanding and devoted service to the State Merit System and to the State Government of Georgia, and the members of this Body individually and collectively wish for him a most happy, lengthy and fruitful retirement.

BE IT FURTHER RESOLVED that the Clerk of the House is here by directed to transmit an appropriate copy of this Resolution to Mr. Swain.

HR 96. By Mr. Smith of the 91st:
A RESOLUTION
Commending Honorable W. Frank DeLamar; and for other purposes.
WHEREAS, Honorable W. Frank DeLamar, Director of the Em ployees Retirement System of Georgia, retired in 1972 after serving as head of the System for over 23 years, having been selected to that position in 1949, immediately after the System's creation; and
WHEREAS, he presided over the Retirement System to the time when the fund now exceeds $200 million, and during his tenure of office attempted at all times to increase benefits for employees while at the same time retaining the actuarial soundness of the fund; and

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WHEREAS, his guiding hand has made State employment much more attractive for the outstanding employees needed to run State Government; and

WHEREAS, he was born in Harris County, Georgia, and attended the Macon public schools, Mercer University and the Woodrow Wilson College of Law; and

WHEREAS, he is a Shriner, Elk and Sigma Nu and is an active participant in many professional organizations; and

WHEREAS, he has served as President of both the National As sociation of Retirement Administrators and the National Conference of State Social Security Administrators, and in both 1961 and 1971 he was a State delegate to the White House Conference on Aging; and

WHEREAS, he is married to the former Louise McNeice, and they live in a lovely home on High Falls Lake in Butts County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable W. Frank DeLamar is hereby commended for his many years of devoted and outstanding service to the Employees Retirement System of Georgia and to the State Gov ernment of Georgia, and the members of this Body wish for him a long and successful retirement.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit an appropriate copy of this Resolution to Honorable W. Frank DeLamar.

HR 97. By Mr. Smith of the 91st:
A RESOLUTION
Commending the Swainsboro Tigers; and for other purposes.
WHEREAS, in 1972, the Swainsboro Tigers had their most suc cessful football season in history; and
WHEREAS, they ended their regular season with nine victories and one tie, achieving wins over such perennial powerhouses as Dublin, Thomson, and Coffee County; and
WHEREAS, in the AA Region playoffs they defeated Mary Per sons 14 to 7, and in the State Quarter Finals they lost by one point, 27 to 26, to the eventual State Champion, Southwest DeKalb; and
WHEREAS, the coaches of this outstanding team are: Bill Schofill, Bill Upchurch, Bobby Parker and Dessee Davis; the B-Team coaches are: James White and Jimmy Harpar; and the Managers are: Adeals Bell and Harrison Smith; and

TUESDAY, JANUARY 16, 1973

275

WHEREAS, the cheer leaders who were very instrumental in the success of the Tigers were: Zan Griswold, Cynthia Doyle, Carol Kinsaul, Donna Bailes, Sheila Tomerlin, Jan Newsome, Gerry Booker, Joyce Williams, Judy Bennett and Paulette Grubb; and

WHEREAS, the dedicated and outstanding players on Swainsboro's most successful team were: Ricky Hodges, Bill Hammock, David Bright, Dana Edge, Paul Weaver, Herbert Hodges, Allan Johnson, Isaac Bright, Frank Ellis, Ronnie Cameron, Kimbo Maupin, Terry Wal ters, Rickey McKamey, Randy Youmans, David Coleman, Robert Brown, Theo Fountain, Doug Johnson, Wendell Anderson, Johnny Lee Ricks, Ricky Howard, Johnny Hill, David Hill, Keith Claxton and William Thompson.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to the coaches, the B-Team coaches, the managers, the cheer leaders and players for a most successful 1972 season and wish for them many more outstanding seasons.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a copy of this Resolution to each of the above named individuals.

HR 98. By Messrs. Pearce and Buck of the 87th, Thompson and Berry of the 86th, King and Davis of the 85th, and Adams of the 84th:
A RESOLUTION
Wishing the Honorable A. J. McClung a happy birthday; and for other purposes.
WHEREAS, this body has as its guest today the Honorable A. J. McClung, Mayor Pro Tern of the City of Columbus, Georgia; and
WHEREAS, he is a native of Birmingham where he spent his for mative years; and
WHEREAS, he is a graduate of Tuskegee Institute and undertook further studies at George Williams College in Chicago; and
WHEREAS, he is the Executive Director of the Brookhaven Branch of the YMCA and is active in youth work throughout Muscogee County;
and
WHEREAS, this lifelong Democrat is known by his fellow citizens for his many outstanding contributions to the economic, social, political and cultural life of his community and State; and
WHEREAS, he is celebrating his birthday today, January 15, 1973.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend their best wishes for a happy birthday to the Honorable A. J. McClung.

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 A. J. McClung.

The following Resolution of the House was read:

HR 94. By Messrs. Walker of the 100th and Grahl of the 88th:
A RESOLUTION
Electing Honorable William F. Blanks of Macon County as a member of the "State Election Board"; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that pursuant to Code Section 34-201 (a) of the "Georgia Election Code", Honorable William F. Blanks of Macon County, is hereby elected by the House of Representatives as a member of the "State Election Board".
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to the Governor, to the Secretary of State and to Honorable Wil liam F. Blanks.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H.
Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry
Blackshear Bohannon Bond

Bostick Brantley, H. H.
Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle
Carr Carrell Castleberry

Chance Clark
Coleman Collins, M. Colwell
Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.
Dent Dickey Dixon

Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster
Fraser Gignilliat Grahl Grantham Greer Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hawes
Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson
Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight

TUESDAY, JANUARY 16, 1973

27T

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Levitas Lewis
Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford
Morgan Moyer Mulherin Mullinax
Murphy Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston

Reaves Ritchie Roach Rogers Ross Rush
Russell, J.
Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens
Strickland Sweat Thomason Thompson Toles Townsend Triplet* Tucker Twiggs Vaughn Waddle Walker Wall
Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Willis
Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Bennett Collins, S. Daugherty Ezzard Geisinger

Harrington Hill, B. L. Hill, G. Irwin, J. R. McKinney

Odom Peters Rainey Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

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JOURNAL OP THE HOUSE,

Due to mechanical failure, the voting machine did not record the votes of Messrs. Groover of the 75th, Cole of the 6th, Turner of the 3rd and Patterson of the 64th, who wished to be recorded as voting "aye" on HR 94.

The following Resolution of the House was read and referred to the Com mittee on Rules.

HR 99. By Messrs. Petro of the 46th, Horton of the 56th, Ployd of the 5th, Pat terson of the 64th, and many others.
A RESOLUTION
Creating a Committee to investigate the illegal use of dangerous drugs in the high schools and elementary schools of this State; and for other purposes.
WHEREAS, the illegal use of dangerous drugs by students in high schools and elementary schools of the State must be brought to the attention of the people of this State; and
WHEREAS, it is the responsibility of the General Assembly, as the representatives of the people, to take action to stop the illegal use of dangerous drugs by students in the high schools and elementary schools of the State and to protect the young people of the State; and
WHEREAS, it would be a worthwhile use of Legislators' time and energy to investigate the illegal use of dangerous drugs by students in the high schools and elementary schools of the State and to propose methods and means by which this problem can be solved; and
WHEREAS, the problem caused by the illegal use of drugs by students in the high schools and elementary schools of the State is of such urgent concern that a Committee should study the problem im mediately and propose solutions that can be acted upon at both the 1973 and 1974 Sessions of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the "Illegal Use of Dangerous Drugs in the High Schools and Elementary Schools Study Committee" to be composed of five members of the House chosen by the Speaker. The Committee shall meet during the period between the first and second portions of the 1973 Regular Session and during the interim between the 1973 and 1974 Regular Sessions.
It shall be the Committee's duty to investigate and ascertain whe ther or not the students high schools and elementary schools of the State are able to easily obtain dangerous drugs and to determine the extent of the use of dangerous drugs by students in the high schools and elementary schools of the State. If the Committee's investigation re veals that dangerous drugs are readily available in the high schools and

TUESDAY, JANUARY 16, 1973

279

elementary schools of the State, it shall have the further duty of pro posing ways and means to eliminate the presence of such dangerous drugs, either through legislation or by any other Constitutional method available to the Committee.

It shall be the further duty of the Committee to collect and study all reports made by previous study committees on the use of dangerous drugs.
It shall be the further duty of the Committee to study the existing laws and penalties in this area and to recommend any changes that are needed in either the existing laws or penalties, or both.
The members of the Committee shall receive such expenses as are authorized to members of interim legislative committees, but for no longer than 10 days, unless an extension is granted by the Speaker.
The Committee shall prepare a report of its findings and recom mendations which shall be submitted to the Clerk of the House for printing on or before January 14, 1974, at which time the Committee shall stand abolished.
All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

Pursuant to the provisions of Code Chapter 47-10, as amended, the following communications from the Honorable Ben W. Fortson, Jr., Secretary of State, were received:
SECRETARY OF STATE State Capitol Atlanta 30334
January 16, 1973
Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Dear Jack:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearances as of Friday, Janu ary 12, 1973, 4:30 P.M., being numbers 105 through 159, in accordance with Act No. 1294 (H. B. 1210), Georgia Laws 1970.

With best wishes, I am Enclosure

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

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JOURNAL OF THE HOUSE,

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 fourteen pages of photographed matter here
to attached contain the names and addresses of those persons (numbered 105 through 159) along with the names of the respective persons, firms,
corporations, or associations they represent, who registered in the Docket of Legislative Appearances for the 1973 Session of the Georgia General Assembly as of Friday, January 12, 1973, 4:30 P.M., in ac
cordance with 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 16th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-three and of the Independence of the United States of America
the One Hundred and Ninety-seventh.

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

<Seal).

105. J. Lucius Black Georgia Farm Bureau Preston, Georgia 31824
106. Adrion Harden Georgia Farm Bureau Federation Box 6078 Macon, Georgia 30295
107. Dr. Sid E. Williams Georgia Chiropractic Assn. Box 37 Austell, Georgia 30001
108. James A. May Georgia Kraft Company P. O. Box 3215 Macon, Georgia 31204
109. Susan S. Benke Save America's Vital Environment Sierra Club 2705 Valvedere Dr., N.E. Atlanta, Georgia 30319
110. George L. Harris, Jr. Georgia Bankers Association C & S National Bank P. 0. Box 891 Atlanta, Georgia 30301

TUESDAY, JANUARY 16, 1973

281

111. Murphy M. Holloway, Jr. Georgia Bankers Association 5240 Mt. Vernon Parkway, N.W. Atlanta, Georgia 30327
112. Charles L. Skinner Georgia Motor Trucking Assn. 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308
113. Joe M. Harris, Jr. Georgia Municipal Assn. 501 Fulton Federal Building Atlanta, Georgia 30303
114. Paul D. West Georgia School Boards Assn. 817 West Peachtree Street Atlanta, Georgia 30383
115. R. B. Symonette Georgia Power Company Box 4545 Atlanta, Georgia 30302
116. John A. Roberts Georgia Power Company Box 4545 Atlanta, Georgia 30302
117. Steve Nimnier Georgia Farm Equipment Assn. Georgia Automobile Dealers Assn. 3 M Company Blackshear, Georgia 31516
118. Glint G. Sweazea Air Transport Association Hartsfield Atlanta International Airport Atlanta, Georgia 30320
119. Judy Bagby National Organization for Women 1899 Moores Mill Road, N.W. Atlanta, Georgia 30318
120. S. G. Davenport United Transportation Union Route 4, Box 179 Americus, Georgia 31709
121. Mrs. Barbara Goldsmith SAVE 3525 Nancy Creek Road, N.W. Atlanta, Georgia 30327
122. Duncan Cameron City of Lithonia City Hall Lithonia, Georgia 30058

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JOURNAL OF THE HOUSE,

123. Dr. D. D. Humber Georgia Chiropractic Assn. 755 Simpson St., N.W. Atlanta, Georgia 30314
124. Robert C. Bock The Georgia Association of Independent Insurance Agents 1252 West Peachtree St., N.W. Atlanta, Georgia 30309
125. Karen Teske Georgia Safety Council, Inc. Suite 508 Hartford Bldg. 100 Edgewood Ave., N.E. Atlanta, Georgia 30303
126. John B. Chapman Georgia Association of Real Estate Boards 1432 Healey Bldg. Atlanta, Georgia 30303
127. Max H. Laseter Georgia Electric Membership Corporation Millen, Georgia
128. Harold Joiner Georgia Forestry Association 1204 Carnegie Building Atlanta, Georgia 30303
129. Frank Button Georgia Pharmaceutical Assn. Box 977 Clayton, Georgia 30525
130. Kyle D. Smith, Jr. Georgia Association of Educators 197 Central Avenue, S.W. Atlanta, Georgia 30303
131. E. Glenn Newsome, Jr. Georgia Association of Educators 197 Central Avenue, S.W. Atlanta, Georgia 30303
132. G. W. Tibbetts Georgia Association of Educators 197 Central Avenue, S.W. Atlanta, Georgia 30303
133. William W. Suttle American Insurance Assn. 3445 Peachtree Road, N.E. Atlanta, Georgia 30326
134. James C. Thompson U. A. W. 1776 Peachtree Street, N.E. Atlanta, Georgia 30309

TUESDAY, JANUARY 16, 1973

283

135. Barbara Muntean Clayton County Education Assn. 6165 Graceland Circle Morrow, Georgia 30260
136. Elaine Kirkland Clayton County Education Assn. 2299 Old Rex Morrow Road Morrow, Georgia 30260
137. James J. Carter Clayton County Education Assn. 655 Selden Court Jonesboro, Georgia 30236
138. Talitha M. Russell Georgia Society of Ophthamology Box 655 McDonough, Georgia 30253
139. M. C. Petersen Gilman Paper Company Box 466 St. Marys, Georgia 31558
140. William M. Bates Registered Agent, Bell & Stanton Interstate Paper Corp. 2016 Peachtree Center Bldg. Atlanta, Ga. 30303
141. Kay Pinckney Georgia Women's Political Caucus Box 3860 Jackson, Georgia 30233
142. George E. Swanson, Jr. Georgia Bankers Association, Trust Division P. 0. Box 4148 Atlanta, Georgia 30302
143. Herbert C. Green U. A. W. 1776 Peachtree Street, N.E. Atlanta, Georgia 30309
144. W. T. McDaniel ITT Raynoier, Inc. P. O. Drawer 528 Jesup, Georgia 31545
145. Donna Lafferty National Organization for the Reform of Marijuana Laws 2954 Forest Park Road, S.E. Atlanta, Georgia 30354
146. William L. Martin American Insurance Assn. 3445 Peachtree Road, N.E. Atlanta, Georgia 30326

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JOURNAL OP THE HOUSE,

147. Edward Bayley Professional Fire Fighters of Georgia 161 East LaRose Circle Marietta, Georgia 30060
148. W. F. Jackson Brotherhood of Maintenance of Way Employees Route 4 Forsyth, Georgia 31029
149. Preston M. Collins Southern Bell Telephone and Telegraph Company 125 Perimeter Center West Atlanta, Georgia 30346
150. Lilyan Absalom Georgia School Food Service Association 843 Windsor Road Macon, Georgia 31204
151. Fannie M. Hicks Georgia School Food Service Association Box 876 Route 2 Lizella, Georgia 31052
152. Elinor Metzger Atlanta Fulton County League of Women Voters 4080 Randall Mill Road, N.W. Atlanta, Georgia 30327
153. Jan Berry League of Women Voters of Georgia 5033 Theresa Court Tucker, Georgia 30084
154. W. E. Cobble Brotherhood of Locomotive Engineers 2427 Shenandoah Avenue, N.E. Atlanta, Georgia 30305
155. George C. Spence Georgia Osteopathic Medical Association 147 Huntington Rd., N.E. Atlanta, Georgia 30309
156. Frank H. Welton Georgia Agribusiness Council Inc. 19 Hunter St., S.W. Atlanta, Georgia 30334
157. D. Robert Gumming, Jr. American Insurance Assoc. 3100 First Nat'1. Bk. Tower Atlanta, Georgia 30303
158. Carey P. DeDeyn American Insurance Assoc. 3100 First Nat'1. Bk. Tower Atlanta, Georgia 30303

TUESDAY, JANUARY 16, 1973

285

159. Linda A. Evans National Organization for Women 2181C. Coosawattee Dr. Atlanta, Georgia 30319

Mr. Busbee of the 114th moved that the House do now adjourn until 10:01 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:01 o'clock, tomorrow morning.

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JOURNAL OP THE HOUSE,

Representative Hall, Atlanta. Georgia Wednesday, January 17, 1973

The House met pursuant to adjournment at 10:01 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Dewey Adamson, Pastor, Faith Baptist Church, Tifton, Georgia.

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

Mr. Mauldin of the 13th, Chairman of the Committee on 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 264. By Messrs. Burruss of the 21st, Egan of the 25th, Levitas of the 50th and Hawes of the 43rd and Davis of the 85th:
A Bill to be entitled an Act to provide for the regulation of the sale of

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securities; to provide that certain practices shall be unlawful; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 265. By Messrs. Levitas of the 50th and Vaughn of the 57th:
A Bill to be entitled an Act to provide for the payment of relocation and replacement housing expenses of any person or family displaced by a Federal-aid project; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 266. By Messrs. Pearce of the 87th, Berry of the 86th and Thompson of the 86th:
A Bill to be entitled an Act to amend an Act known as the "Fire Fighter's Mediation Act", so as to delete therefrom that section providing that said Act shall not apply to consolidated city-county governments with certain populations; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 267. By Mr. Colwell of the 4th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to provide creditable service for military service after January 1, 1954, up to a certain maximum and subject to certain limitations; and for other purposes.
Referred to the Committee on Retirement.

HB 268. By Messrs. Rainey of the 115th and Peters of the 2nd:
A Bill to be entitled an Act to provide for the organization of the Board of Natural Resources; to provide a short title; and for other purposes.
Referred to the Committee on Recreation.

HB 269. By Messrs. Rainey of the 115th and Peters of the 2nd:
A Bill to be entitled an Act to provide for the registration, licensing and regulation of off-road vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 270. By Messrs. Savage of the 30th, Adams of the 14th, Jordan of the 58th, Ross of the 72nd, Lane of the 40th, Peters of the 2nd, and Wall of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1013, relating to

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qualification fees, so as to change the provisions relating to qualifying^ fees; to provide alternative methods of qualifying; and for other pur poses.
Referred to the Committee on State of Republic.

HB 271. By Messrs. Savage of the 30th, Stephens of the 37th, Alexander of the 39th, Brown of the 34th, McKinney of the 35th and Bond of the 32nd:
A Bill to be entitled an Act to provide for the liability of housing mer chants for personal injuries to certain purchasers or certain users of dwellings; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 272. By Mr. Lowrey of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relating to members of the Georgia Legislative Retirement System becoming members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.

HB 273. By Mr. Lowrey of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to change the provisions relating to> the offices of count ytax commissioner, county tax collector, and county tax receiver; and for other purposes.
Referred to the Committee on Retirement.

HB 274. By Messrs. Lowrey of the 15th, Toles of the 16th and Adams of the 14th:
A Bill to be entitled an Act to amend an Act authorizing counties to establish and maintain law libraries, so as to provide for the imposition and collection of costs in civil or criminal cases filed in the Courts of Ordinary for the purpose of establishing and maintaining law libraries; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 275. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Section 56-1206, relating tobad faith, so as to define the term "bad faith"; and for other purposes.
Referred to the Committee on Judiciary.

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289

HB 276. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the with drawal of contributions; and for other purposes.
Referred to the Committee on Retirement.

HB 277. By Mr. Noble of the 48th:
A Bill to be entitled an Act to provide for the regulation of certain marketing practices; and for other purposes.
Referred to the Committee on Industry.

HB 278. By Mr. Murphy of the 18th:
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 local boards of education shall tender a new contract for the ensuing school year to every teacher on the payroll at the beginning of the preceding school year or notify the teacher they are not going to rehire him; and for other purposes.
Referred to the Committee on Education.

HB 279. By Messrs. Bennett of the 124th, Dean of the 60th and Groover of the 75th:
A Bill to be entitled an Act to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the compensation of persons appointed as assistant district attorneys; and for other purposes.
Referred to the Committee on Retirement.

HB 280. By Messrs. Colwell of the 4th and Hawes of the 43rd:
A Bill to be entitled an Act to provide for the compiling of the Acts and Resolutions of the General Assembly; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 82-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to provide that a person sentenced to life imprisonment shall not be eligible for reprieve, pardon, or parole, or commutation of penalty until he has served seventy-five years of his sentence; and for other purposes.
Referred to the Committee on Special Judiciary.

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HE 83-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to provide for a unicameral legislature; and for other purposes.
Referred to the Committee on State of Republic.

HR 84-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to in crease the exemption from ad valorem taxation on the homestead of each resident actually occupied by the owner as a residence and home stead, and only so long as actually occupied by the owner primarily as such; and for other purposes.
Referred to the Committee on Ways and Means.

HR 85-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to in crease the exemption from ad valorem taxation on the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such; and for other purposes.
Referred to the Committee on Ways and Means.
HR 86-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to in crease the exemption from ad valorem taxation on the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such; and for other purposes.
Referred to the Committee on Ways and Means.

HR 87-280. By Mr. Rush of the 104th:
A Resolution authorizing and directing the State Department of Trans portation to designate a bridge in Tattnall County as the W. A. (At) Nail Bridge; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 88-280. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not grant a parole or commute the penalty or remit any part of the sentence in any case when a person has been sentenced to life imprisonment unless such

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291

person has served not less than 50 years of said sentence; and for other purposes.
Referred to the Committee on Judiciary.

HR 89-280. By Messrs. Ployd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the State Board of Pardons and Paroles shall not grant a parole or commute the penalty or remit any part of the sentence in any case in which a person has been sentenced to life imprisonment for the crime unless such person has served not less than 50 years; and for other purposes.
Referred to the Committee on Judiciary.

HR 90-280. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a person has been sentenced to life imprisonment unless such person shall have served not less than 50 years of such life sentence; and for other purposes.
Referred to the Committee on Judiciary.

HB 281. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish benefits to officers and employees of such cities, so as to change the provisions relative to deferred pension benefits for those persons leaveing the employment of said city; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 282. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish benefits to officers and em ployees of such cities, so as to change the composition of the Board of Trustees; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 283. Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act providing that certain

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cities shall furnish benefits to officers and employees of such cities, so as to provide for the transfer of funds from the pension system when a teacher transfers from one city to another; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 284. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish benefits to officers and employees of such cities, 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.

HB 285. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees of such cities, so as to remove any restrictions or limita tions on account of future participation in the Federal O.A.S.I. pro gram; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 286. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the Act providing that certain cities shall furnish aid, relief and pensions to members of paid fire departments now in active service, and future members, so as to change certain provisions relating to the eligibility of persons to receive bene fits under such Acts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 287. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having- a certain population shall furnish pensions to officers and employees of such cities, 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.

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293

HB 288. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees, so as to change the provisions relating to eligibility for retirement benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 289. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to members of local retirement systems; and for other purposes.
Referred to the Committee on Retirement.

HB 290. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish benefits to officers and employees of such cities, so as to change the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 291. By Mr. Greer of the 43rd:
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 relating to the eligibility for retirement benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 292. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to create in certain counties a City County Pension Fund Study Commission; to provide for the appointment and service of members of said commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 293. By Messrs. Morgan of the 70th and Carrel! of the 71st:
A Bill to be entitled an Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Walton County; and for other purposes.
Referred to the Committee on Judiciary.

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HB 294. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to amend an Act creating the Alcovy Judicial Circuit, so as to authorize the employment of a court reporter; and for other purposes.
Referred to the Committee on Judiciary.

HB 295. By Bessrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County; and for other purposes.
Referred to the Committee on Judiciary.

HB 296. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to authorize the Board of Commissioners of Newton County, to levey, assess and collect a license fee from any person, firm or corporation who maintain a place of business in any area outside the incorporated limits of municipalities; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 297. By Greer of the 43rd: A Bill to be entitled an Act to amend an Act providing for the super vision of private employment agencies, so as to provide that said Act shall not apply to certain management consultants; and for other purposes.
Referred to the Committee on Industry.
HB 298. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend Code Section 56-102, relating to the definition of insurance, so as to change the definition of such term; and for other purposes.
Referred to the Committee on Insurance.
HB 299. By Mr. Hill of the 41st: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, Fulton County, and the several Acts amendatory thereof, relating to corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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295

HB 300. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 100-1, relating to state depositories, so as to provide that the State Depository Board may name and appoint as depositories any building and loan association which has its deposits insured by the Federal Savings and Loan In surance Association; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 91-300. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide that in all cities of this State having certain populations, the General Assembly shall be authorized to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 92-300. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund, which system was created by law; and for other purposes.
Referred to the Committee on Retirement.

HB 301. By Messrs. Matthews of the 62nd, Adams of the 36th, Brown of the 89th, Carrell of the 71st, Coleman of the 102nd, Smith of the 74th and Jones of the 109th:
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 certain licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 302. By Mr. Greer of the 43rd:
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 provide increased pension benefits for such mem bers and their dependents; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 303. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the Act providing for pensions for members of police departments in certain cities, so as to provide increased pension benefits for such members and their dependents; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 304. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that in certain cities increased pension benefits may be provided for officers and em ployees and their dependents; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 305. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees so as to change the provisions relative to eligibility for participation in the benefits under this Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 306. By Messrs. Wheeler and Mauldin of the 13th, Phillips of the 103rd, Lowrey of the 15th, Matthews of the 62nd, Russell of the 62nd, Nessmith of the 76th, Milford of the 13th and Harrington of the 93rd:
A Bill to be entitled an Act to amend the Soil and Water Conservation Districts Law, so as to provide that all employees of the State Soil and Water Conservation Committee shall be subject to a merit system of employment; and for other purposes.
Referred to the Committee on Natural Resources.

HB 309. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd:
A Bill to be entitled an Act to provide for the compensation and allowances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.

Pursuant to Georgia Laws, HB 309 was ordered engrossed.

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297

HB 310. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd:
A Bill to be entitled an Act to provide for the compensation and allowances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.

HB 311. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd: A Bill to be entitled an Act to provide for the compensation and allowances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.
HB 312. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd: A Bill to be entitled an Act to provide for the compensation and allowances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.

HB 313. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd:
A Bill to be entitled an Act to provide for the compensation and allowances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.

HB 314. By Messrs. Jones of the 109th, Chance of the 112th, Adams of the 14th, Snow of the 1st, Ployd of the 5th, Hawes of the 43rd, Murphy of the 18th, Lee of the 114th and others:
A Bill to be entitled an Act to amend Code Section 59-105, relating to the compensation of jury commissioners and their clerk, so as to increase said compensation; and for other purposes.
Referred to the Committee on Judiciary.

HB 315. By Messrs. Rogers and Harden of the 128th:
A Bill to be entitled an Act to amend an Act creating the Public School Employees' Retirement System, so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System; and for other purposes.
Referred to the Committee on Retirement.

HB 316. By Mr. Smith of the 91st: A Bill to be entitled an Act to amend an Act placing the Ordinary

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of Emanuel County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 317. By Messrs. Bond of the 32nd, Alexander of the 3'8th and Brown of the 34th:
A Bill to be entitled an Act to amend an Act authorizing the im poundment of vehicles illegally parked on private property, so as to prohibit impounding from property used in certain ways under certain circumstances; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 318. By Messrs. Bostick of the 123rd, Strickland of the 116th, Harrison of the 116th, Patten of the 123rd, Northcutt of the 68th and Tucker of the 69th and others:
A Bill to be entitled an Act to provide minimum salaries for clerks of the superior courts of the various counties within the State, to be paid from county funds; and for other purposes.
Referred to the Committee on Retirement.

HB 319. By Messrs. Horton of the 43rd, Larsen of the 27th, Alexander of the 39th, Brantley of the 22nd, Brown of the 34th, Davis of the 56th, Geisinger of the 44th, Knight of the 65th, Lane of the 40th, Mulherin of the 81st, Russell of the 53rd and Burton of the 47th:
A Bill to be entitled an Act to authorize the creation of planning com missions within certain political subdivisions and combinations thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 320. By Messrs. Horton of the 43rd, Larsen of the 27th, Alexander of the 39th, Brantley of the 22nd, Brown of the 34th, Davis of the 56th, Geisinger of the 44th, Knight of the 65th, Lane of the 40th, Mulherin of the 81st, Russell of the 53rd and Burton of the 47th:
A Bill to be entitled an Act to provide the procedures relative to the exercise of the powers of planning and zoning within certain municipali ties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 321. By Mr. Murphy of the 18th:
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 the Fiscal

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299

Division of the Department of Administrative Services shall replace the State Treasurer as a member of the Board and perform all the duties of the State Treasurer; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 322. By Messrs. Murphy of the 18th, Wilson and Howard of the 19th, Burruss of the 21st, Bohannon of the 64th, Kreeger of the 21st and Atherton of the 19th:
A Bill to be entitled an Act to supplement the salaries of the judges and the district attorney of the superior courts of the Tallapoosa Judicial Circuit from the funds of the counties comprising said circuits; and for other purposes.
Referred to the Committee on Judiciary.

HB 323. By Mr. Harris of the 8th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts, so as to provide that certain service as a member of the armed forces of the U. S. during certain periods may be included in computing the required number of years of service to be eligible to receive retirement benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 324. By Messrs. Moyer of the 99th and Mason of the 59th:
A Bill to be entitled an Act to amend and repeal certain laws of this State prohibiting or regulating the operation of business or the conduct of trade on Sundays; and for other purposes.
Referred to the Committee on Industry.

HB 325. By Mr. Adams of the 14th:
A Bill to be entitled an Act to amend an Act authorizing and directing the State Personnel Board to add two longevity steps to the Merit System Compensation Plan, so as to authorize and direct the Personnel Board to amend the rules and regulations governing the Merit System of Personnel Administration; and for other purposes.
Referred to the Committee on Retirement.
HB 326. By Mr. Atherton of the 19th:
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, so as to provide for the redistricting of an area and the election of members at large when an area, county or munici-

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pality is added to or removed from the jurisdiction of an existing: Commission; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HB 327. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide compensation for Public Service Commissioners Emeritus; and for other purposes.
Referred to the Committee on Retirement.

HB 328. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act relating to the imposition of an excise tax upon cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 329. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which may be imposed on malt beverages by municipalities; and for other purposes.
Referred to the Committee on Temperance.

HB 330. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend Chapter 92-31, of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax and exemptions and deductions thereunder, so as to provide 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 331. By Mr. Atherton of the 19th:
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; to provide for the collection and distribution of the revenue derived from said tax; and for other purposes.
Referred to the Committee on Ways and Means.

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301

HB 332. By Messrs. Adams of the 36th, Stephens of the 37th, McKinney of the 35th, Hudson of the 115th and Lane of the 40th:
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 Recreation.

HR 100-332. By Mr. Atherton of the 19th:
A Resolution compensating Mr. Larry Wayne Pruitt; and for other purposes.
Referred to the Committee on Appropriations.

HR 101-332. By Mr. Atherton of the 19th:
A Resolution compensating Mr. George Joe Whitworth; and for other purposes.
Referred to the Committee on Appropriations.

HR 102-332. By Messrs. Atherton and Wilson of the 19th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to classify property for taxation pur poses; and for other purposes.
Referred to the Committee on Ways and Means.

HR 103-332. By Messrs. Atherton and Wilson of the 19th, McDaniell of the 20th, Burruss and Kreeger of the 21st, Howard of the 19th, Duke of the 20th and Nix of the 20th:
A Resolution authorizing a survey to be made by the Secretary of State; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 333. By Messrs. Evans of the 89th, Greer of the 43rd and Phillips of the 103'rd:
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 restrict the hours for the retail sale of distilled spirits in un broken packages; and for other purposes.
Referred to the Committee on Temperance.

By unanimous consent, HB 333 was ordered engrossed.

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HB 334. By Messrs. Kreeger of the 21st, Wilson and Atherton of the 19th, Burruss of the 21st, Howard of the 19th and McDaniel of the 20th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to change the provisions relating to termina tion of membership; and for other purposes.
Referred to the Committee on Retirement.

HB 335. By Mr. Bostick of the 123rd:
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 change the com pensation of the Director of the Department of Transportation; and for other purposes.
Referred to the Committee on Highways.

HB 336. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend certain laws relating to the appointment and the salary of the Supervisor of Purchases, so that said laws will contain no provision for a salary or additions to salary for the Supervisor of Purchases; and for other purposes.
Referred to the Committee on Retirement.

HB 337. By Mr. Buck of the 87th:
A Bill to be entitled an Act to implement the provisions of Article V, Section I. Paragraph XI of the Constitution, so as to increase the size of the State Board of Pardons and Paroles to five members; to provide for the terms of Board members; and for other purposes.
Referred to the Committee on Judiciary.

HB 338. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide that the salary of the Com missioner of the Department of Administrative Services shall be $30,000; and for other purposes.
Referred to the Committee on Retirement.

HB 339. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide that the salary of the Com missioner of the Department of Banking and Finance shall be $30,000; and for other purposes.
Referred to the Committee on Retirement.

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303

HB 340. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide that the salary of the Com missioner of the Department of Banking- and Finance shall be fixed by the appointing authority; and for other purposes.
Referred to the Committee on Retirement.

HB 341. By Mr. Buck of the 87th: A Bill to be entitled an Act to provide that the salary of the Commis sioner of the Department of Administrative Services shall be fixed by the appointing authority; and for other purposes.
Referred to the Committee on Retirement.
HB 342. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public work camps, so as to change the salary of the Director of Corrections; and for other purposes.
Referred to the Committee on Retirement.
HB 343. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowances of members of the General Assembly, so as to change the allowances for members of the General Assembly; and for other purposes.
Referred to the Committee on Retirement.
HB 344. By Mr. Adams of the 36th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Department may pay ad ditional compensation for extra or overtime work to officers, noncom missioned officers and troopers of the Uniform Division when federal funds are available for the payment to additional compensation; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 345. By Messrs. Lee, Johnson, Bailey and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the supplement received by each judge; and for other purposes. Referred to the Committee on Judiciary.

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JOURNAL OP THE HOUSE,

HB 346. By Mr. Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that accumulated days of forfeited annual and sick leave shall constitute creditable service in addition to all other purposes.
Referred to the Committee on Retirement.

HB 347. By Messrs. Smith of the 91st, Murphy of the 18th, Burruss of the 21st and Dean of the 17th:
A Bill to be entitled an Act to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to change the provisions relating to retirement benefits; 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 could be introduced, read the first time and referred to the committees:

HB 379. By Mr. Hawes of the 43rd:
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 who becomes disabled from continuing his duties as judge shall be eligible for appointment to judge of the superior courts emeritus; and for other purposes.
Referred to the Committee on Retirement.

HB 383. By Messrs. Murphy of the 18th and Morgan of the 70th:
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 for the com pensation and expenses of superior court judges emeritus for performing certain duties; and for other purposes.
Referred to the Committee on Retirement.

HB 389. By Messrs. Brown, Dickey, Berlin, Coney and Evans of the 89th, Waddle of the 98th, Pinkston of the 89th and Grahl of the 88th:
A Bill to be entitled an Act to provide that the salary of the District Attorney of the Macon Judicial Circuit shall be supplemented by pay ments to be made from the treasuries of Bibb, Peach, and Crawford Counties; and for other purposes.
Referred to the Committee on State Planning and Community Affairs -- Local Legislation.

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305

HB 390. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to specify the retirement age for purposes of required medical examinations; and for other pur poses.
Referred to the Committee on Retirement.

HB 391. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to additionally empower, nothwithstanding the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments, the members of the Board of Trustees to invest and re-invest the assets of the Employees' Retirement System of Georgia, singly or in conjunction with Teachers' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.
HB 392. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System of Georgia, so as to additionally empower, notwith standing the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance com panies in the making and disposing of their investments, the members of the board of trustees to invest and re-invest the assets of the Teach ers' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.

HB 393. By Mr. Smith of the 91st:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide credit for certain service under certain conditions; and for other purposes.
Referred to the Committee on Retirement.

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

HB 218. By Messrs. Snow and Hays of the 1st and Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the Dade County Water Authority, so as to change the name of the authority; to change the provisions relative to the appointment and terms of office of mem-. bers of the authority; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 219. By Messrs. Egan of the 25th and Greer of the 43rd:
A Bill to be entitled an Act to relieve nonprofit hospitals from ad valorem taxation; and for other purposes.

HB 220. By Messrs. Triplett of the lllth and Chance of the 112th:
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 3,000 pounds gross weight and less or 16 feet in length or less shall be exempt from the annual inspection provisions of said Act; and for other purposes.

HB 221. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to increase the qualifying fees of candidates for the offices of mayor and councilmen; and for other purposes.

HB 222. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to provide that the mayor and councilmen shall be elected by a majority vote; and for other purposes.

HB 223. By Mr. Lane of the 40th:
A Bill to be entitled an Act to provide a new charter for the City of College Park in Fulton County and Clayton Counties; and for other purposes.

HB 224. By Mr. Lane of the 40th:
A Bill to be entitled an Act to repeal the Charter of the City of Palmetto in Fulton County and Coweta County; and for other purposes.

HB 225. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73'rd:
A Bill to be entitled an Act to repeal and replace the charter of the City of Thomson, as amended, so as to create a new charter for said city; and for other purposes.

HB 226. By Messrs. Greer of the 43rd and Patten of the 124th:
A Bill to be entitled an Act to amend Code Section 34-629, relating to the requirement that electors vote in the election district in which they are registered with certain exceptions, so as to provide that all

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307

electors shall be required to vote in the district in which registered; and for other purposes.

HB 227. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, so as to change the method of qualifying to allow a candidate to qualify for a primary by a qualifying petition and to provide the neces sary procedures for this method; and for other purposes.

HB 228. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-8, relating to primary and election dates and to certain special elections, so as to provide that, whenever a special election shall be conducted at the same time of a general election, certain times provided for the general election shall apply to such special election; and for other purposes.

HB 229. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-10, relating to the nomination of candidates, so as to provide that unopposed candidates in primaries shall not be listed upon the ballot and shall be certified by the political party as the nominee of that party for the office sought; and for other purposes.

HB 230. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 34-1338, relating to the procedures for the processing of ballot cards at the tabulation center, so as to provide that duplicate cards shall be red in color, bear the same serial number as the defective ballot card and shall be attached to the defective card; and for other purposes.

HB 231. By Messrs. Patten of the 123rd, Greer of the 43rd and Adams of the 74th:
A Bill to be entitled an Act to amend Code Section 34A-1407, relating to runoff primaries and elections, so as to provide that a runoff shall be held on the 21st day after the day of holding the first primary or election; and for other purposes.
HB 232. By Messrs. Wilson of the 19th, Wheeler of the 127th, Cole of the 6th, Odom of the 114th, Bohannon and Patterson of the 64th, Foster of the 6th 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 include independent school systems in the calculation of the expenses of pupil transporta tion; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 233. By Messrs. Dean of the 17th, Toles of the 16th and Dollar of the 63rd:
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 and creating a fund known as the "Firemen's Pension Fund", so as to increase pension benefits; and for other purposes.

HB 234. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to redefine the term "area of operation"; and for other purposes.

HB 235. By Messrs. Groover of the 75th, Tucker of the 69th, Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus"; to prescribe eligibility for incumbents; and for other purposes.
HB 236. By Messrs. Ware, Mullinax and Knight of the 65th:
A Bill to be entitled an Act to amend Code Section 27-2511, relating to sentence for convictions of second offenses and service of sentence by fourth offenders, so as to provide that persons convicted of second or subsequent offenses shall not be eligible for parole until the maxi mum sentence has been served; and for other purposes.
HB 237. By Messrs. Ware, Mullinax and Knight of the 65th:
A Bill to be entitled an Act to provide that a person may produce wine in volumes which do not exceed 200 gallons in any one calendar year to be consumed within his household without any requirement to be licensed for such purpose; and for other purposes.
HB 238. By Messrs. Odom, Busbee, Hutchinson and Lee of the 114th:
A Bill to be entitled an Act to create a new charter for the City of Leesburg, and to repeal and replace the charter provided by an Act establishing a new charter for the Town of Leesburg; and for other purposes.
HB 239. By Mr. Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any service as a member of the General Assembly subsequent to Jan. 1, 1954, shall be deemed to be membership service for involuntary separation purposes provided such member shall have been a full-time State employee for 8 consecutive quarters; and for other purposes.

WEDNESDAY, JANUARY 17, 1973

30&

HB 240. By Mr. Buck of the 87th:
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 widows' benefits; and for other purposes.

HB 241. By Mr. Horton of the 43rd:
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 242. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in the County of Chattahooch.ee, and creating in lieu thereof a new board of commissioners of roads and revenues for said county, so as to change the compensation of the clerk of the Board of Commissioners; and for other purposes.

HB 243'. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of Tax Commissioner of Chattahoochee County, so as to change the compensation of said tax commissioner; and for other purposes.

HB 244. By Messrs. Brown of the 89th, Adams of the 36th, Dickey and Berlin of the 89th:
A Bill to be entitled an Act to revise, classify, consolidate, and modern ize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended; and for other purposes.

HB 245. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to provide that whenever any driver's license has been suspended or revoked pursuant to any provisions of any law, the holder of such license must have successfully completed a safe driv ing course to be prescribed by the Commissioners of the Department of Public Safety; and for other purposes.

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period

310

JOURNAL OF THE HOUSE,

of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes.

HB 247. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to change certain of the provisions relating to the administration of chemical tests used to determine the alcoholic and drug content of blood and the use thereof; and for other purposes.

HB 248. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to create within the Division of Environmental Protection an Economic Analysis Section; and for other purposes.

HB 249. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to authorize the Economic Analysis Section to acquire, construct, improve and operate water or sewerage treatment facilities; to require the Section to establish certain short and long term economic needs in relation to the financing of water or sewerage treat ment systems; and for other purposes.

HB 250. By Messrs. Morgan of the 70th, Buck of the 87th, Hutchinson of the 114th, Harrison of the 116th, Dorminy of the 115th, Murphy of the 18th and Carrell of the 71st:
A Bill to be entitled an Act to amend an Act authorizing counties in this State to establish and maintain law libraries, so as to change the provi sions relating to methods for financing the cost of establishing and main taining said libraries; and for other purposes.

HB 251. By Messrs. Matthews and Collins of the 122nd, Chance of the 112th, Nessmith of the 76th, Hudson of the 115th, Carr of the 90th, Patten of the 123rd, Carrell of the 71st 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 eliminate the local funds required to support the minimum foundation program of education; and for other purposes.

HR 75-251. By Messrs. Strickland of the 116th, Coleman, Jessup and Larsen of the 102nd and Harrison of the 116th:
A Resolution proposing an amendment to the Constitution so as to repeal

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311

the provision that the county officers of Telfair County shall be ineligible to hold office under certain conditions; and for other purposes.

HR 76-251. By Messrs. Kreeger of the 21st, Howard of the 19th, Duke, Nix and McDaniell of the 20th, Burruss of the 21st, Wilson and Atherton of the 19th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Cobb Judicial Circuit; and for other purposes.

HR 77-251. By Mr. Roach of the 8th:
A Resolution to ratify the Equal Rights Amendment to the United States Constitution; and for other purposes.

HB 252. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to strike the provision of said charter prohibiting the taxation of woodland of five or more acres until it is laid off in lots; and for other purposes.
HB 253. By Messrs. Harrison of the 116th, Dean of the 17th, Wheeler of the 127th, Miles of the 79th, Adams of the 84th, Shanahan of the 7th, Pattern of the 123rd, Peters of the 2nd, Larsen of the 102nd and others:
A Bill to be entitled an Act to amend the "Act Creating the Public School Employees' Retirement System", so as to change the provisions relative to termination of membership; and for other purposes.

HB 254. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Stephens County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 255. By Messrs. Levitas of the 50th, Burruss of the 21st, Larsen of the 27th:
A Bill to be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; and for other purposes.

HB 256. By Messrs. Levitas of the 50th, Horton of the 43rd and Knight of the 65th:
A Bill to be entitled an Act to amend an Act providing for the reorganiza tion of functions within the Executive Branch of State Government, so

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JOURNAL OF THE HOUSE,

as to provide that the functions of the Bureau of State Planning and Community Affairs transferred to the Department of Community Devel opment shall include Section 2(g) of an Act approved March 31, 1967; and for other purposes.

HB 257. By Messrs. Ware of the 65th, Wood of the 9th, Wall of the 61st, Moyer of the 99th, Hays of the 1st, Berry of the 86th, Pearce of the 87th and Gignilliat of the 105th:
A Bill to be entitled an Act to amend an Act providing immunity from civil liability to the owners of property who gratuitously permit any civil defense agency, board or other authority to utilize said property as a shelter, so as to provide said immunity to persons furnishing shelter during an actual or practice emergency attack; and for other purposes.

HB 258. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wood of the 9th, Wall of the 61st, Moyer of the 99th, Hays of the 1st, Berry of the 86th, Pearce of the 87th and Berlin of the 89th:
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 authorize coverage of employees of local housing authorities and other public authorities may be created by general, local or special Act of the General Assembly; and for other purposes.

HB 259. By Messrs. Mullinax of the 65th, Grantham of the 127th, Harden of the 128th, Davis of the 85th, Burton of the 47th and Adams of the 84th:
A Bill to be entitled an Act to assure safe and healthful working condi tions for working men and women; to authorize enforcement of the standards developed under this Act; and for other purposes.

HB 260. By Messrs. Mullinax and Ware of the 65th, Johnson of the 68th, Ritchie of the llth, Phillips of the 103rd, Knight of the 65th, Rush of the 104th, Carr of the 90th, Mauldin of the 13th and others:
A Bill to be entitled an Act to provide that any business which shall offer trading stamps to its customers must display, in a conspicuous manner, the cash equivalent value of the trading stamps and afford to its customers an option of receiving a cash discount on purchase equivalent to the value of the trading stamps; and for other purposes.

HB 261. By Mr. Adams of the 36th:
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 provide additional pension benefits to certain officers and employees of such cities who have served for 5 or more years as judge pro hac of certain courts within said cities; and for other purposes.

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313

HB 262. By Messrs. Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act amending an Act incorporat ing the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of said City, so as to correct certain inequities in the plan; and for other purposes.

HR 78-262. By Mr. Logan of the 62nd:
A Resolution compensating Mrs. Sara A. L. Powell; and for other pur poses.

HR 79-262. By Mr. Smith of the 91st:
A Resolution compensating Mr. William P. Cowell; and for other pur poses.

HR 80-262. By Mr. Dean of the 17th: A Resolution compensating Mr. Eugene Redding; and for other purposes.

HR 81-262. By Mr. Dean of the 17th: A Resolution compensating Geraldine Dodgen; and for other purposes.

HB 263. By Messrs. Larsen of the 27th, Hawes of the 43rd, Knight of the 65th and Alexander of the 39th:
A Bill to be entitled an Act to revise, classify, consolidate, and super sede present laws relating to interest, usury extensions of credit, small loans, consumer credit sales, consumer leases and debt collection; to provide for a short title; and for other purposes.

:HB 307. By Messrs. Buck of the 87th, Murphy of the 18th, Rush of the 104th, Odom of the 114th, Dean of the 17th, Sweat of the 125th, Lane of the 76th, Floyd of the 5th, Hays of the 1st, Rainey of the 115th, Brown of the 67th and others:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to change the benefits and provisions relative to persons who have previously retired; and for other purposes.

HB 308. By Messrs. Buck of the 87th, Lane of the 76th, Rush of the 104th and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers'

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Annuity and Benefit Fund, so as to divide Section 5 into subsections for easier reference; and for other purposes.

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 105 Do Pass. HB 47 Do Pass, by Substitute. HB 63 Do Pass. HR 7-27 Do Pass. HB 26 Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Toles of the 16th District, Secretary of the Committee on State Institu& Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Properties has had under considera tion the following Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 59-178 Do Pass.
Respectfully submitted, Toles of the 16th, Secretary.

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under

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315

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

HB 256. Do pass, as amended.

Respectfully submitted, Levitas of the 50th, Chairman.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 36. By Senators Holloway of the 12th, Coggin of the 35th, and others: A Bill to be entitled an Act to provide for the establishment of stan dards of construction for mobile homes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Industry:
SB 36. By Senators Holloway of the 12th Coggin of the 35th: A Bill to be entitled an Act to provide for the establishment of stan dards of construction for mobile homes; and for other purposes.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 17. By Messrs. Harris of the 51st, Russell of the 53rd, Levitas of the 50th and Farrar of the 52nd:
A Bill to be entitled an Act to amend an Act providing for four terms of the Superior Court of DeKalb County, annually, so as to provide for six terms of the Superior Court of DeKalb County annually; 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 103, 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 by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 57-161. By Messrs. Mulherin of the 81st, Bohannon of the 64th, Dent of the 78th, and others:
A Resolution designating the Lucy Laney High School Marching Band and the Douglas County High School "Tigers" Band as the official representatives of the State of Georgia to the inauguration of the Honorable Richard M. Nixon.

Mr. Busbee of the 114th arose to a point of personal privilege and addressed the House.

Mr. Lee of the 68th arose to a point of personal privilege and addressed the House.

Mr. Lambert of the 97th arose to a point of personal privilege and addressed the House.

Mr. Groover of the 75th arose to a point of personal privilege and addressed the House.

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

HB 55. By Messrs. McCracken of the 77th, Ployd of the 5th and Greer of the 43rd:
A Bill to be entitled an Act to amend an Act, relating to a health insurance plan for State employees, so as to increase the maximum permissible participation and contribution in the health insurance plan;, and for other purposes.

WEDNESDAY, JANUARY 17, 1973

317

The report of the Committee, which was favorable 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 f ollows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon JBond Bostiek Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark
Cole
Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards

Egan Ellis Ployd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Matthews, D. R.

Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thomason Thompson Toles Tucker Turner Twiggs

318
Vaughn Waddle Walker Wall

JOURNAL OF THE HOUSE,

Wamble Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Beckham Bray Chance Coney Daugherty Dean, Gib Dean, J. E. Elliott Evans Ezzard

Farrar Floyd, L. R. Hamilton Harrington Hill, G. Knight Lambert Larsen, W. W. Mason Matthews, C. Mullinax

Noble Northcutt Reaves Savage Stephens Strickland Townsend Triplett Ware Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

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

By unanimous consent, HB 55 was ordered immediately transmitted to the Senate.

HB 151. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend an Act creating the Georgia Insurers Insolvency Pool which provides a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent, so as to redefine "insurer", "company" and "insolvent insurer"; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John

Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Bailey Beckham

WEDNESDAY, JANUARY 17, 1973

319

Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, G. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T.
Davis, W.
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ellis
Evans
Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Geisinger

Gignilliat Grahl Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill)
Lee, W. S.
Le vitas
Logan
Lowrey
Marcus
Matthews, C.
Matthews, D. R.
Mauldin
McCracken
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Murphy
Nix

Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thomason Thompson
Toles
Townsend
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

Voting in the negative was Mr. Nessmith

320

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Atherton Chance Daugherty Dean, Gib Dean, J. E. Ezzard Hamilton Harrington

Hill, G. Irwin, J. R. Knight Lambert Lane, W. J. Larsen, W. W. Lewis Mason

Mullinax Noble Northcutt Stephens Strickland Ware Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 1.

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

HB 69. By Messrs. Brown, Dickey, Berlin and Evans of the 89th: A Bill to be entitled an Act to amend Code Chapter 24-21, relating to ordinaries' courts and proceedings therein, so as to provide for the use of photostatic and photographic equipment by ordinaries; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill,, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S.

Colwell Coney Connell Davis, E. T. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Floyd, J. H-

WEDNESDAY, JANUARY 17, 1973

321

Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey

Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Sweat Thomason Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Beckham Bennett Chance Daugherty Davis, W. Dean, Gib Dean, J. E. Ezzard Farrar

Hamilton Hawes Hill, B. L. Hill, G. Keyton Knight Lambert Mason Mullinax

Noble Northcutt Shepherd Smith, J. R. Strickland Town send Ware Wilson, J. M. Mr. Speaker

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

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

322

JOURNAL OF THE HOUSE,

HB 70. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to change certain provisions requiring ordinaries, clerks of the superior courts and sheriffs of each county to procure and preserve certain newspapers in which advertisements appear; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney

Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ployd, J. H. Floyd, L. R. Foster Eraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howell

Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Odom Oxford Patten, G. C.

WEDNESDAY, JANUARY 17, 1973

323

Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J.

Russell, W. D. Sams Shanahan Shepherd Smith. J. R. Smith, V. B. Snow Stephens Sweat Toles Triplett Tucker Turner

Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams, W. M. Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Colwell

Murphy

Ross

Those not voting were Messrs.:

Buck Carlisle Dean, Gib Dean, J. E. Ezzard Farrar Hamilton Hill, B. L. Hill, G. Howard

Irvin, R.
Jordan Keyton Knight Lewis Mason McDaniell Nix Noble Northcutt

Pearce Rainey Savage Strickland Thomason Thompson Townsend Ware Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 3.

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

HB 62. By Messrs. Alien of the 108th, Hays of the 1st, 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 game and fish, so as to change the provisions relative to taking shrimp to be used for bait; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

324

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., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bond Bo stick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carlisle Carr Castleberry Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy
Duke
Egan
Ellis
Evans
Floyd, J. H.

Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harrington Harris, J. F. Harris, J. R. Hawes Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan King Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin
McCracken
McDaniell
McDonald
McKinney
Miles

Milford Morgan Moyer Mulherin Mullinax Murphy Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Toles Townsend Turner Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Whitmire
Williams
Willis
Wilson, M. L.
Wood

WEDNESDAY, JANUARY 17, 1973

325

Those voting in the negative were Messrs.:

Bohannon
Davis, W. Dixon

Harden Horton, W. L. Rogers

Sweat Tucker Twiggs

Those not voting were Messrs.:

Buck Burton Carrell Clark Edwards Elliott Ezzard Farrar Harrison

Hill, B. L. Hill, G. Keyton Knight Lane, W. J. Nessmith Noble Pearce Strickland

Thomason Thompson Triplett Ware Wheeler, J. A. Wilson Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 9. The Bill, having received the requisite constitutional majority, was passed. Mr. Davis of the 56th stated that he had inadvertently voted "nay" but intend ed to vote "aye" on the passage of HB 62. The Speaker Pro Tern assumed the Chair. The Speaker Pro Tern announced the House recessed until 2:00 o'clock, P.M.

AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
The following Resolution of the House was read:
HR 109. By Messrs. Berlin of the 89th, Matthews of the 62nd, Lane of the 40th and many others: A RESOLUTION Commending and supporting Honorable George D. Busbee; and for other purposes.

326

JOURNAL OF THE HOUSE,

WHEREAS, there appeared on the editorial page of the Atlanta Constitution on Wednesday, January 17, 1973, an editorial by Hal Gulliver which impugned the motives and integrity of Honorable George D. Busbee, Majority Leader of the House of Representatives, from Albany, Georgia; and

WHEREAS, the members of this Body know George Busbee to be a completely honest person whose integrity is beyond question, and the insinuations and sinister allegations contained in the aforesaid editorial are deeply resented by the members of the House.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body and its members go on record as voicing their wholehearted support for Representative George D. Busbee and, by this Resolution, state to him their deep and sincere belief in his honesty and integrity. The members of this Body also express their resentment at the charges and insinuations in the aforesaid editorial.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Representative Busbee.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry
Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton

Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell
Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke

Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat
Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays

WEDNESDAY, JANUARY 17, 1973

327

Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

McCraeken McDaniell McDonald McKinney Miles Milford
Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J.

Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Mr. Speaker

Those not voting were Messrs.:

Bray Busbee

Hill, G. Larsen, G. K.

Noble Townsend

On the adoption of the Resolution, the ayes were 174, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read and adopted:

HR 110. By Messrs. Groover of the 75th, Phillips of the 73rd, McCraeken of the 77th:
A RESOLUTION
Congratulating Honorable Robert L. "Bob" Harrison, Sr., on the occasion of his 63rd Birthday; and for other purposes.

328

JOURNAL OP THE HOUSE,

WHEREAS, our distinguished colleague from the 116th District, Honorable Robert L. "Bob" Harrison, Sr., is celebrating his 63rd Birth day on this date, Wednesday, January 17, 1973; and

WHEREAS, he is an entrepreneur of outstanding accomplishments and is well-known throughout South Georgia for his many successful business ventures; and

WHEREAS he has served in the House of Representatives for sev eral terms, dating from the 1940's, and did an outstanding job as the Chairman of the Penitentiary Committee for several years; and

WHEREAS, he is a most able Representative of the people of his District and is held in the highest esteem by his colleagues in the Gen eral Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby offer their heartiest congratulations to Honorable Robert L. "Bob" Harrison, Sr., on the occasion of his 63rd Birthday.

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 Robert L. "Bob" Harrison, Sr.

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

HB 12. By Messrs. Snow of the 1st, Hawes of the 43rd, Lee of the 114th and others:
A Bill to be entitled an Act to amend Code Title 26, the Criminal Code of Georgia, so as to provide that a jury shall not return a verdict of punish ment by death in cases against a defendant convicted of murder except under certain circumstances; and for other purposes.

Mr. Williams of the 9th moved that HB 12 be recommitted to the Committee on Judiciary for further study.

Mr. Odom of the 114th moved that the previous question be ordered.

On the motion to order the previous question, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 17, 1973

329

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Adams, Marvin Atherton Beckham Bennett Buck Burton Busbee Coleman Daugherty Davis, W. Dean, Gib Duke Egan Floyd, L. R.

Geisinger
Grahl Hamilton Harden Hawes Hill, G.
Howard Irvin, R. King
Kreeger
Lane, Dick Lee, W. S. Lowrey
Mason Matthews Miles

Mulherin Nix Odom Pearce Petro Pinkston Bainey Rogers Ross Sams Toles Tucker Twiggs Walker Wheeler, Bobby Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, J. H. Alexander, W. H. Alexander, W. M. Alien Bailey Berlin Berry Blackshear Bohannon Bond Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins^ S. Colwell Coney Davis, E. T. Dean, J. E.
Dean, N.
Dickey
Dixon
Dollar
Dorminy
Edwards

Elliott Ellis Evans Farrar Foster Fraser Gignilliat Grantham Greer Groover Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Horton. W. L. Howell Hudson Irwin, J. R. Jessup Johnson Jones Jordan Knight Lambert
Lane, W. J.
Lee, W. J. (Bill)
Levitas
Lewis
Logan
Marcus

Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Morgan Moyer Mullinax Nessmith Northcutt Oxford Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rush Russell, J. Russell, W. D. Savage Shanahan Smith, J. R. Smith, V. B.
Snow
Sweat
Thomason
Thompson
Triplett
Turner

330
Vaughn Waddle Wall

JOURNAL OF THE HOUSE,

Wheeler, J. A. Whitmire Williams

Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Bostick
Brantley, H. H. Bray Burruss Connell Dent
Ezzard Floyd, J. H.

Hutchinson
Irvin, J. Keyton Larsen, G. K. Larsen, W. W. Milford
Murphy Noble

Patten, G. C.
Shepherd Stephens Strickland Townsend Wamble
Ware Mr. Speaker

On the motion to order the previous question, the ayes were 48, nays 108. The motion was lost.

On the motion, by Mr. Williams of the 9th, to recommit, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, J. H. Adams, John
Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bohannon
Bond Bostick Brantley, H. L. Brown, B. D. Brown, C.
Brown, S. P. Buck Burruss
Burton Carlisle Carr Carrell
Castleberry

Chance Clark Cole
Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib
Dean, J. E. Dean, N. Dickey Dixon Dollar
Dorminy Duke Edwards
Egan Elliott Ellis Evans
Ezzard

Farrar Floyd, L. R, Foster
Fraser Geisinger Grahl Grantham Greer Groover Harrington Harris, J. F. Harris, J. R. Harrison
Hawes Hays Hill, B. L. Horton, G. T. Howard
Howell Hudson Hutchinson
Irvin, J. Irvin, R. Irwin, J. R. Jessup
Johnson

WEDNESDAY, JANUARY 17, 1973

331

Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Le vitas Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford

Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ross Rush Russell, J. Russell, W. D. Savage

Shanahan Shepherd Smith, V. B. Sweat Thomason Thompson Toles Townsend Turner Twiggs Vaughn Waddle * Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, Marvin Bennett Busbee Dent Gignilliat Harden Hill, G.

Horton, W. L. Lee, W. S. Lewis Marcus Odom Petro Ritchie

Roach Rogers Sams Triplett Tucker Willis

Those not voting were Messrs.:

Brantley, H. H. Bray Floyd, J. H. Hamilton Larsen, G. K.

Larsen, W. W. Murphy Noble Smith, J. R. Snow

Stephens Strickland Wamble Mr. Speaker

On the motion to recommit, the ayes were 146, nays 20.

The motion prevailed and HB 12 was recommitted to the Committee on Judiciary for further study.

Mr. Adams of the 74th stated that he had inadvertently voted "nay" but in tended to vote "aye" on the motion to recommit HB 12 to the Committee on Judiciary.

332

JOURNAL OF THE HOUSE,

HB 59. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 34-1005, relating to qualifications of candidates, time for opening and closing qualifications, posting list of candidates and certification of political party candidates, so as to prohibit persons from qualifying for party nomination for public office with more than one political party; and for other purposes.

An amendment, offered by Mr. Savage of the 30th, was read and lost.

The following amendment was read and adopted:
Mr. McCracken of the 77th moves to amend HB 59 by striking all of the language following the word "amended" on line 11 of page 2 and by striking all of lines 12, 13, 14, 15 and 16 on page 2 of said Bill and by amending the caption accordingly.

An amendment, offered by Mr. Collins of the 45th, 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., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray

Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Elliott Ellis Ezzard Parrar Floyd, J. H. Floyd, L. R. Foster Fraser

WEDNESDAY, JANUARY 17, 1973

333

Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. P. Harris, J. R. Harrison Hays Hill, B. L.
Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie

Roach Rogers Rush Russell, J. Russell, W. D. Sams Savage Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland
Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire, D. Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Chance Dean, J. E. Dickey

Egan Geisinger Hill, G.

Howard Nix Townsend

Those not voting were Messrs.:

Brantley, H. H. Evans Grahl Hawes Horton, W. L. Larsen, G. K.

McDaniell Morgan Murphy Noble Ross

Shanahan Thomason Ware Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 9.

334

JOURNAL OF THE HOUSE,

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

Mr. Connell of the 80th 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, JANUARY 18, 1973

335

Representative Hall, Atlanta, Georgia Thursday, January 18, 1973

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. Albert W. Huyh, Jr., Pastor, First Baptist Church, Swainsboro, Georgia:
Our Father God, as we begin another busy day, crowded with important things, we take valuable time to be still and know that You are God, and to remind ourselves, "What shall it profit a man to gain the whole world, if he loses his own soul?"
We give You thanks for the night of rest, and for the measure of health, and strength, and vitality of body, mind, and soul that are ours. We pray that with Your help we may be equal to our opportunities, and responsibilities this day.
We are thankful for the trust and confidence that has been placed in us by the people whom we serve. We pray we will never betray that trust.
Our Father, government is by people for the benefit of people, and people are imperfect. Help us to love one another, forgive one another, be patient with one another, help and support one another and treat one another as we would want to be treated.
In the name of Jesus Christ we pray,
AMEN

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

Mr. Mauldin of the 13th, Chairman of the Committee on 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.

336

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 348. By Messrs. Vaughn of the 57th, Logan of the 62nd, Dean of the 17th, Moyer of the 99th, Adams of the 14th, Dent of the 78th, McDaniell of the 20th, Rush of the 104th, Oxford of the 101st, Patterson of the 64th and Carr of the 90th:
A Bill to be entitled an Act to provide a new Code of Public Transporta tion; to revise, classify, consolidate, and repeal Title 95, Code of Georgia, as amended; and for other purposes.
Referred to the Committee on Highways.

HB 349. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, so as to provide that the Fiscal Division of the Department of Administrative Services shall make computations and payments of the individual municipal grants; and for other purposes.
Referred to the Committee on Highways.

HB 350. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing for the De partment of Transportation to develop and coordinate long range comprehensive plans for all modes of transportation, so as to provide for statewide transportation plans; and for other purposes.
Referred to the Committee on Highways.

THURSDAY, JANUARY 18, 1973

337

HB 351. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to provide that it shall be unlawful to tear down, deface, or change a detour sign, warning sign, barricade or fence or to drive around barricade or fence or a road closed sign or to drive upon a section of road not officially opened to public traffic by the proper authority or to wilfully ignore or disregard a warning sign before the road has been officially opened to public traffic by the property authority; and for other purposes.
Referred to the Committee on Highways.

HB 352. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend Code Section 109-302, relating to powers of corporations chartered by superior courts, so as to provide that any corporation may act in a limited fiduciary capacity with the approval of the Commissioner of Banking and Finance; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 353. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law", so as to authorize the expansion of extension of existing facilities under certain conditions; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 354. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act known as "The Building and Loan Act", so as to provide that no court shall grant a new charter to any State-chartered association nor any renewals or amendments to any existing charters of any State-chartered association without the prior written approval of the Georgia Building & Loan Commissioner -r and for other purposes.
Referred to the Committee on Banks and Banking.
HB 355. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to prohibit any person, firm or corporation from advertising seeking to induce any person to purchase an instru ment comparable to an insured deposit or share account in any bank, savings and loan association, when the instrument does not possess

338

JOURNAL OP THE HOUSE,

comparable insurance coverage as determined by the Commissioner of the Department of Banking and Finance; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 356. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend the "Georgia Business Develop ment Corporation Act", so as to provide that no business development corporation shall be authorized to commence business until its articles are approved by the Commissioner of Banking and Finance; and for other purposes. Referred to the Committee on Banks and Banking.
HB 357. By Mr. Smith of the 91st: A Bill to be entitled an Act to amend Code Section 50-127, relating to jurisdiction and venue of habeas corpus in which such a petition is filed may, in its discretion, transfer such case to the court which imposed the sentence complained of; and for other purposes.
Referred to the Committee on Judiciary.
HB 358. By Mr. Lane of the 40th: A Bill to be entitled an Act to amend an Act known as the "Georgia Peace Officers' Standards and Training Act", so as to lower the minimum age to 18 for a person to be employed or certified as a peace officer; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 359. By Messrs. Savage of the 30th, Harris of the 51st, Irvin of the 23rd, Hawes of the 43rd, Stephens of the 37th, Lee of the 114th and others:
A Bill to be entitled an Act to provide for a Constitutional Convention to propose revisions, alterations or amendments to the Constitution of the State; to provide for the composition of the Convention; and for other purposes.
Referred to the Committee on State of Republic.

HB 360. By Messrs. Brown of the 67th, Marcus of the 26th and Wheeler of the 13th:
A Bill to be entitled an Act to comprehensively and exhaustively re vising, strengthening, unifying and modernizing the provision of public health and public welfare services and insuring economical and orderly

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development of such services throughout the State; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 361. By Mr. Parrar of the 52nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the allotment of funds for free text books, consumable instructional materials and supplies and for library books and nonconsumable teaching materials and aids; and for other purposes.
Referred to the Committee on Education.

HB 362. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to provide for educational accountability; and for other purposes.
Referred to the Committee on Education.

HB 363. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the State Board of Education, so as to change the provisions relative to the powers o fthe Board of Education; to amend Code Section 32-505, relative to the duties of the State Superintendent of Schools, as to provide for certain powers and duties of said Superintendent; and for other purposes.
Referred to the Committee on Education.

HB 364. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend Code Section 32-911, relating to the immunization of school children to their admission to public schools, so as to provide for a certain period of time within which a parent or guardian of a school child and school officials may secure the required immunization without violating the provisions of said Section; and for other purposes.
Referred to the Committee on Education.

HB 365. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Program of Education Act", so as to provide for the allotment of additional personnel by the State Board of Education; and for other purposes.
Referred to the Committee on Education.

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HB 366. By Mr. Farrar of the 52nd:
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 allotment of teachers and other certificated personnel and to the initial adjustment of allotments of personnel and State funds; and for other purposes.
Referred to the Committee on Education.

HB 367. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to create an educational research and development program; and for other purposes.
Referred to the Committee on Education.
HB 368. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to provide evaluation and tenure for class room teachers and all other professional personnel of local school sys tems except the superintendent; and for other purposes.
Referred to the Committee on Education.

HB 369. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to provide for educational improvement through educational accountability; and for other purposes.
Referred to the Committee on Education.

HB 370. By Messrs. Savage of the 30th, Brown of the 67th, Noble of the 48th, Hudson of the 115th, Floyd of the 56th, Burton of the 47th, Smith of the 42nd and Irvin of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to prohibit the use of hypnotism, mesmerism and similar act or process except under certain circumstances; and for other purposes.
Referred to the Committee on Health and Ecology.
HB 371. By Messrs. Russell of the 53rd, Hawes of the 43rd, Rush of the 104th, Mauldin of the 13th, Collins of the 122nd, Reaves of the 124th, Coney of the 89th, Shanahan of the 7th, Matthews of the 122nd and Waddle of the 98th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for the transfer of the functions of the

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Georgia Historical Commission and its Board of Commissioners to the Department of Natural Resources; and for other purposes.
Referred to the Committee on Natural Resources.

HB 372. By Messrs. Nessmith and Lane of the 76th:
A Bill to be entitled an Act to amend the Georgia Post Mortem Examina tion Act, so as to change the fees to be paid medical examiners for performing certain services; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 373. By Mr. Ross of the 72nd:
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 sale of a motor vehicle license and tag and 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 374. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act providing for forest fire protection, so as to change the provisions relative to the amount of funds paid by counties for forest fire protection; and for other pur poses.
Referred to the Committee on Natural Resources.
HB 375. By Messrs. Dollar of the 63rd, Marcus of the 26th, Hawes of the 43rd, Horton of the 56th, Bohannon of the 64th and Foster of the 6th, Pearce of the 87th, Berry of the 86th and Knight of the 76th:
A Bill to be entitled an Act to amend Code Section 74-111, relating to reports of cruel treatment of children, so as to include employees of local public school systems and the State Department of Education among those parties permitted to report cases of cruel treatment; and for other purposes.
Referred to the Committee on Education.
HB 376. By Messrs. Geisinger of the 44th, Ware of the 65th, Harrington of the 93rd, Wood of the 9th, Floyd of the 5th, Lane of the 76th, Dean of the 17th, Berry of the 86th, Hays of the 1st, Beckham of the 82nd and others:
A Bill to be entitled an Act to amend Code Section 92-3107, relating to taxable net income, so as to exempt income not to exceed six

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hundred dollars received for active and inactive duty training as a member of the Georgia National Guard from State income taxes; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HR 104-376. By Messrs. Colwell and Twiggs of the 4th, Ritchie of the llth and Irvin of the 10th: A Resolution authorizing and directing the State Department of Transportation to erect an appropriate marker along the Richard B. Russell Scenic Highway near Hog Pen Gap in memory of the late James P. Davidson; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 105-376. By Mr. Wheeler of the 13th: A Resolution compensating Mr. E. Mitchell Smith; and for other pur poses.
Referred to the Committee on Appropriations.

HR 106-376. By Mr. Phillips of the 103rd: A Resolution compensating Mr. Eugene Hester; and for other purposes.
Referred to the Committee on Appropriations.

HR 107-376. By Mr. Lane of the 40th:
A Resolution proposing an amendment to the Constitution to authorize the City Council of East Point to provide by ordinance for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system created by law and authorized by the City Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 377. By Messrs. Larsen of the 27th, Egan of the 25th and Snow of the 1st:
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 a capital offense as respect to bailability; and for other purposes.
Referred to the Committee on Judiciary.

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343

HB 378. By Mr. Lane of the 40th:
A Bill to be entitled an Act to amend an Act establishing a charter for the City of East Point, relating- to vacancies in the office of Mayor and City Councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 380. By Messrs. Colwell of the 4th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections, so as to provide that prisoners shall receive certain benefits on release except as otherwise provided and to provide the manner to implement the benefits; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 381. By Messrs. Colwell of the 4th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised the laws relating to the Board of Corrections, so as to provide it shall be unlawful for any employee of any State Correctional Institution to remove an inmate from the institution without prior written consent; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 382. By Messrs. Colwell of the 4th and Burruss of the 21st:
A Bill to be entitled an Act to amend 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 384. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to amend an Act providing for a uniform traffic citation and complaint form, so as to provide that copies of each traffic citation and complaint issued by a law enforcement officers shall be forwarded to the Commissioner of the Department of Public Safety; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 385. By Messrs. Ware of the 65th, Berry of the 86th, Pearce of the 87th, Hayes of the 1st, Gignilliat of the 105th, Moyer of the 99th, Wood of the 9th and Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia

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Civil Defense Act of 1951", so as to redefine the policy and purpose of civil defense; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 386. By Messrs. Lane and Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act establishing the qualifica tions for agents of the Division of Investigation, so as to authorize the Director of the Division of Investigation to retain on a contractual basis such persons as he deems necessary to combat the menace of narcotic and drug abuse; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 387. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th, Davis of the 85th, Thompson of the 86th, Adams of the 84th and King of the 85th:
A Bill to be entitled an Act to amend the Charter of Columbus to apply homestead exemptions to Urban Services District taxes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 108-387. By Mr. Larsen of the 27th: A Resolution compensating the Sessions Company, Inc., Enterprise, Alabama; and for other purposes.
Referred to the Committee on Appropriations.
HB 388. By Mr. Smith of the 91st: 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 the purchase outside this State of objects of art and other similar property by museums for display in such museums; and for other purposes.
Referred to the Committee on Ways and Means.
HB 394. By Messrs. Geisinger of the 44th, Egan of the 25th, Russell of the 53rd, Irvin of the 23rd, Harris of the 51st, Floyd of the 56th, Burton of the 47th, Larsen of the 27th and others: A Bill to be entitled an Act to provide that an individual who holds a public elective office may not qualify for another public elective office, the term of which or any part thereof runs concurrent with the

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term of office of the office for which he seeks to qualify, without first tendering his resignation; and for other purposes.
Referred to the Committee on State of Republic.

HB 395. By Messrs. Mulherin of the 81st, Alexander of the 39th, Blackshear of the 106th, Brantley of the 22nd, Hill of the 41st, Floyd of the 56th, Beckham of the 82nd, Sams of the 83rd, Horton of the 43rd, Knight of the 65th and Patten of the 123rd:
A Bill to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; to provide for its membership; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 396. By Messrs. Wood and Whitmire of the 9th, Mauldin of the 13th, Irvin of the 10th, Wheeler of the 13th, Howell of the 118th, Collins of the 122nd, Buck of the 87th and Groover of the 75th:
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 the meaning of the word "indirectly" as used in said Title with reference to voting stock in banks and bank holding companies; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 397. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to regulate massive water-related recrea tional events that may cause damage to natural resources; and for other purposes.
Referred to the Committee on Recreation.
HB 398. By Messrs. Smith of the 74th, Adams of the 36th, Lane of the 40th and Brown of the 89th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide that the functions of the Public Service Commission relating to the performance of safety inspection for certain motor vehicles which were transferred to the Department of Public Safety shall be returned to the Public Service Commission; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 399. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Jessup of the 102nd and Coleman of the 102nd:
A Bill to be entitled an Act to amend the "Uniform Act Regulating

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Traffic on Highways", so as to delete that requirement providing for the inadmissibility of certain chemical tests; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 400. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Jessup and Coleman of the 102nd:
A Bill to be entitled an Act to provide that law enforcement officers, while testifying before any court in any criminal proceedings, shall not be compelled to reveal their home address, but may be required to divulge the business address of their employer; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 401. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and Jessup of the 102nd:
A Bill to be entitled an Act to authorize the Department of Public Safety to reimburse any employee for all reasonable and necessary expenses incurred when such employee is assigned to duties which require him to relocate his place of residency; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 402. By Messrs. Smith of the 74th, Adams of the 36th, and Brown of the 89th:
A Bill to be entitled an Act to authorize the Department of Public Safety to provide additional compensation to certain members of the Department who perform additional duties; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 403. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and Jessup of the 102nd:
A Bill to be entitled an Act to change the compensation of certain members of the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 404. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th r Jessup and Coleman of the 102nd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to intercept any radio transmission of any law enforcement agency with the intent to utilize the information gained from such transmission for pecuniary gain; and for other purposes.
Referred to the Committee on Motor Vehicles.

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347

HB 405. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Walker of the 100th, Jessup and Coleman of the 102nd:
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 pur poses.
Referred to the Committee on Motor Vehicles.

HB 406. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Jessup and Coleman of the 102nd:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for a quorum for the discharge of business by the Board of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 407. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to increase the fee for filing; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 408. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act, so as to allow local governmental jurisdictions to collect the penalty fees for the late pur chase of vehicle tags; and for other purposes.
Referred to the Committee on Ways and Means.

HB 409. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to require the collection and payment of certain taxes on tangible property, other than motor vehicles, in four installments annually; and for other purposes.
Referred to the Committee on Ways and Means.

HB 410. By Messrs. Walker of the 100th, Wilson of the 94th, Waddle of the 98th, Castleberry of the 96th, Groover of the 75th, Dean of the 60th, Brown, Dickey and Evans of the 89th, Snow of the 1st and Hawes of the 43rd:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that all cities and local au-

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thorities may adopt all or a portion of the "Uniform Act Regulating Traffic on Highways"; and for other purposes.
Referred to the Committee on Judiciary.

HB 411. By Messrs. Rush of the 104th, Irvin of the 10th, Jones of the 109th, Hays of the 1st and Roach of the 8th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional Industries Administration; and for other pur poses.
Referred to the Committee on State Institutions & Property.

HB 412. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, so as to delete the provisions that the filing for record of a real estate instrument securing a long term note without payment of the intangible tax in the manner prescribed by said Act shall not constitute legal notice to anyone; and for other purposes.
Referred to the Committee on Judiciary.

HB 413. By Mr. Harris of the 51st:
A Bill to be entitled an Act to provide to certain executors or trustees Compensation for certain of their services; and for other purposes.
Referred to the Committee on Judiciary.

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

HB 433. By Mr. Logan of the 62nd:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners for Registered Professional Sanitarians, so as to provide for five-year terms of office; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 434. By Messrs. Collins of the 45th, Petro of the 46th, Floyd of the 56th and others:
A Bill to be entitled an Act to provide that apartment complexes constructed after a certain date shall be required to have an auxiliary

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source of electric power if such complex depends on electric power as source of heat; and for other purposes.
Referred to the Committee on Industry.

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

HB 264. By Messrs. Burruss of the 21st, Egan of the 25th, Levitas of the 50th and Hawes of the 43rd and Davis of the 85th:
A Bill to be entitled an Act to provide for the regulation of the sale of securities; to provide that certain practices shall be unlawful; and for other purposes.

HB 265. By Messrs. Levitas of the 50th and Vaughn of the 57th:
A Bill to be entitled an Act to provide for the payment of relocation and replacement housing expenses of any person or family displaced by a Federal-aid project; and for other purposes.

HB 266. By Messrs. Pearce of the 87th, Berry of the 86th and Thompson of the 86th:
A Bill to be entitled an Act to amend an Act known as the "Fire Fighter's Mediation Act", so as to delete therefrom that section pro viding that said Act shall not apply to consolidated city-county govern ments with certain populations; and for other purposes.

HB 267. By Mr. Colwell of the 4th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to provide creditable service for military service after January 1, 1954, up to a certain maximum and subject to certain limitations; and for other purposes.

BB 268. By Messrs. Rainey of the 115th and Peters of the 2nd:
A Bill to be entitled an Act to provide for the organization of the Board of Natural Resources; to provide a short title; and for other purposes.

HB 269. By Messrs. Rainey of the 115th and Peters of the 2nd:
A Bill to be entitled an Act to provide for the registration, licensing and regulation of off-road vehicles; and for other purposes.

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HB 270. By Messrs. Savage of the 30th, Adams of the 14th, Jordan of the 58th, Ross of the 72nd, Lane of the 40th, Peters of the 2nd and Wall of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1013, relating to qualification fees, so as to change the provisions relating to qualify ing fees; to provide alternative methods of qualifying; and for other purposes.

HB 271. By Messrs. Savage of the 30th, Stephens of the 37th, Alexander of the 39th, Brown of the 34th, McKinney of the 35th and Bond of the 32nd:
A Bill to be entitled an Act to provide for the liability of housing merchants for personal injuries to certain purchasers or certain users of dwellings; and for other purposes.

HB 272. By Mr. Lowrey of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relating to members of the Georgia Legislative Retirement System becoming members of the Employees' Retirement System of Georgia; and for other purposes.

HB 273. By Mr. Lowrey of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to change the provisions relating to the offices of county tax commissioner, county tax collector, and county tax receiver; and for other purposes.

HB 274. By Messrs. Lowrey of the 15th, Toles of the 16th and Adams of the 14th:
A Bill to be entitled an Act to amend an Act authorizing counties to establish and maintain law libraries, so as to provide for the imposition and collection of costs in civil or criminal cases filed in the Courts of Ordinary for the purpose of establishing and maintaining law libraries; and for other purposes.

HB 275. By Mr. McCracken of the 77th: A Bill to be entitled an Act to amend Code Section 56-1206, relating to bad faith, so as to define the term "bad faith"; and for other pur poses.
HB 276. By Mr. Wheeler of the 127th: 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 withdrawal of contributions; and for other purposes.

HB 277. By Mr. Noble of the 48th: A Bill to be entitled an Act to provide for the regulation of certain marketing practices; and for other purposes.
HB 278. By Mr. Murphy of the 18th: 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 local boards of education shall tender a new contract for the ensuing school year to every teacher on the payroll at the beginning of the preceding school year or notify the teacher they are not going to rehire him; and for other purposes.
HB 279. By Messrs. Bennett of the 124th, Dean of the 60th and Groover of the 75th: A Bill to be entitled an Act to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the compensation of persons appointed as assistant district attorneys; and for other purposes.
HB 280. By Messrs. Colwell of the 4th and Hawes of the 43rd: A Bill to be entitled an Act to provide for the compiling of the Acts and Resolutions of the General Assembly; and for other purposes.
HR 82-280. By Mr. Wall of the 61st: A Resolution proposing an amendment to the Constitution so as to provide that a person sentenced to life imprisonment shall not be eligible for reprieve, pardon, or parole, or commutation of penalty until he has served seventy-five years of his sentence; and for other purposes.

HR 83-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to provide for a unicameral legislature; and for other purposes.

HR 84-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to increase the exemption from ad valorem taxation on the homestead of each resident actually occupied by the owner as a residence and home-

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stead, and only so long as actually occupied by the owner primarily as such; and for other purposes.

HE 85-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to increase the exemption from ad valorem taxation on the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such; and for other purposes.

HR 86-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to increase the exemption from ad valorem taxation on the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such; and for other purposes.

HR 87-280. By Mr. Rush of the 104th:
A Resolution authorizing and directing the State Department of Transportation to designate a bridge in Tattnall County as the W. A. (At) Nail Bridge; and for other purposes.

HR 88-280. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not grant a parole or commute the penalty or remit any part of the sentence in any case when a person has been sentenced to life imprisonment, unless such person has served not less than 50 years of said sentence; and for other purposes.
HR 89-280. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not grant a parole or commute the penalty or remit any part of the sentence in any case in which a person has been sentenced to life imprisonment for the crime unless such person has served not less than 50 years; and for other purposes.

HR 90-280. By Messrs. Floyd of the 5th, Williams of the 9th, Harris of the 8th, Lane and Nessmith of the 76th:
A Resolution proposing an amendment to the Constitution so as to

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provide that the Board of Pardons and Paroles shall not grant a parole or commute the penalty of a sentence in any case in which a person has been sentenced to life imprisonment unless such person shall have served not less than 50 years of such life sentence; and for other
purposes.

HB 281. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish benefits to officers and employees of such cities, so as to change the provisions relative to deferred pension benefits for those persons leaving the employment of said city; and for other purposes.

HB 282. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish benefits to officers and employees of such cities, so as to change the composition of the Board of Trustees; and for other purposes.

HB 283. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish benefits to officers and employees of such cities, so as to provide for the transfer of funds from the pension system when a teacher transfers from one city to another; and for other purposes.

HB 284. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a certain population shall furnish benefits to officers and employees of such cities, so as to change the provisions relative to deferred pension benefits for those persons leaving the employment of said city; and for other purposes.

HB 285. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a certain pipulation shall furnish pensions to officers and em ployees of such cities, 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.

HB 286. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the Act providing that certain cities shall furnish aid, relief and pensions to members of paid fire departments now in active service, and future members, so as to change certain provisions relating to the eligibility of persons to receive bene fits under such Acts; and for other purposes.

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HB 287. By Mr. Greer of the 43rd:
An Act to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and em ployees of such cities, so as to change the pension provisions for certain officers and employees; and for other purposes.

HB 288. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and em ployees, so as to change the provisions relating to eligibility for retire ment benefits; and for other purposes.

HB 289. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to mem bers of local retirement systems; and for other purposes.

HB 290. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish benefits to officers and employees of such cities, so as to change the population figures and census contained therein; and for other purposes.

HB 291. By Mr. Greer of the 43rd:
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 relating to the eligibility for retirement benefits; and for other purposes.

HB 292. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to create in certain counties a City-County Pension Fund Study Commission; to provide for the appointment and service of members of said commission; and for other purposes.

HB 293. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Walton County; and for other purposes.

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355

HB 294. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to amend an Act creating the Alcovy Ju dicial Circuit, so as to authorize the employment of a court reporter; and for other purposes.

HB 295. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County; and for other purposes.

HB 296. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to authorize the Board of Commissioners of Newton County, to levy, assess and collect a license fee from any per son, firm or corporation who maintain a place of business in any area outside the incorporated limits of municipalities; and for other purposes.

HB 297. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act providing for the super vision of private employment agencies, so as to provide that said Act shall not apply to certain management consultants; and for other purposes.
HB 298. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend Code Section 56-102, relating to the definition of insurance, so as to change the definition of such term; and for other purposes.

HB 299. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, Fulton County, and the several limits amenda tory thereof, relating to corporate limits of said city; and for other purposes.

HB 300. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 100-1, relating to state depositories, so as to provide that the State Depository Board may name and appoint as depositories any building and loan association which has its deposits insured by the Federal Savings and Loan In surance Association; and for other purposes.

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HR 91-300. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution so as to pro vide that in all cities of this State having certain populations, the Gen eral Assembly shall be authorized to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system; and for other purposes.

HR 92-300. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law, from time to time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund, which system was created by law; and for other purposes.

HB 301. By Messrs. Matthews of the 62nd, Adams of the 36th, Brown of the 89th, Carrell of the 71st, Coleman of the 102nd, Smith of the 74th and Jones of the 109th:
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 certain licenses; and for other purposes.

HB 302. By Mr. Greer of the 43rd:
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 provide increased pension benefits for such members and their dependents; and for other purposes.

HB 303. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the Act providing for pensions for members of police departments in certain cities, so as to provide increased pension benefits for such members and their dependents; and for other purposes.

HB 304. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that in certain cities increased pension benefits may be provided for officers and em ployees and their dependents; and for other purposes.

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35V

HB 305. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees so as to change the provisions relative to eligibility for participation in the benefits under this Act; and for other purposes.

HB 306. By Messrs. Wheeler and Mauldin of the 13th, Phillips of the 103rd, Lowrey of the 15th, Matthews of the 62nd, Russell of the 62nd, Nessmith of the 76th, Milford of the 13th and Harrington of the 93rd:
A Bill to be entitled an Act to amend the Soil and Water Conservation District Laws, so as to provide that all employees of the State Soil and Water Conservation Committee shall be subject to a merit system of employment; and for other purposes.

HB 309. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd:
A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.

HB 310. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd:
A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.

HB 311. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd: A Bill to be entitled an Act to provide for the compensation and al lowances of certain State officials; and for other purposes.
HB 312. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd: A Bill to be entitled an Act to provide for the compensation and al lowances of certain State officials; and for other purposes.

HB 313. By Messrs. Buck of the 87th, Lewis of the 77th and Greer of the 43rd:
A Bill to be entitled an Act to provide for the compensation and al lowances of certain State officials; and for other purposes.

HB 314. By Messrs. Jones of the 109th, Chance of the 112th, Adams of the 14th, Snow of the 1st, Floyd of the 5th, Hawes of the 43rd, Murphy of the 18th, Lee of the 114th and others:
A Bill to be entitled an Act to amend Code Section 59-105, relating to the compensation of jury commissioners and their clerk, so as to in crease said compensation; and for other purposes.

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HB 315. By Messrs. Rogers and Harden of the 128th:
A Bill to be entitled an Act to amend an Act creating the Public School Employees' Retirement System, so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System; and for other purposes.

HB 316. By Mr. Smith of the 91st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Emanuel County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary; and for other purposes.

HB 317. By Messrs. Bond of the 32nd, Alexander of the 38th and Brown of the 34th:
A Bill to be entitled an Act to amend an Act authorizing the impound ment of vehicles illegally parked on private property, so as to prohibit impounding from property used in certain ways under certain circum stances; and for other purposes.

HB 318. By Messrs. Bostick of the 123rd, Strickland of the 116th, Harrison of the 116th, Patten of the 123rd, Northcutt of the 68th and Tucker of the 69th and others:
A Bill to be entitled an Act to provide minimum salaries for clerks of the superior courts of the various counties within the State, to be paid from county funds; and for other purposes.

HB 319. By Messrs. Horton of the 43rd, Larsen of the 27th, Alexander of the 39th, Brantley of the 22nd, Brown of the 34th, Davis of the 56th, Geisinger of the 44th, Knight of the 65th, Lane of the 40th, Mulherin of the 81st, Russell of the 53rd, Burton of the 47th:
A Bill to be entitled an Act to authorize the creation of planning com missions within certain political subdivisions and combinations there of; and for other purposes.

HB 320. By Messrs. Horton of the 43rd, Larsen of the 27th, Alexander of the 39th, Brantley of the 22nd, Brown of the 34th, Davis of the 56th, Geisinger of the 44th, Knight of the 65th, Lane of the 40th, Mulherin of the 81st, Russell of the 53rd and Burton of the 47th:
A Bill to be entitled an Act to provide the procedures relative to the exercise of the powers of planning and zoning within certain munici palities; and for other purposes.

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359

HB 321. By Mr. Murphy of the 18th:
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 the Fiscal Di vision of the Department of Administrative Services shall replace the State Treasurer as a member of the Board and perform all the duties of the State Treasurer; and for other purposes.

HB 322. By Messrs. Murphy of the 18th, Wilson and Howard of the 19th, Burruss of the 21st, Bohannon of the 64th, Kreeger of the 21st and Atherton of the 19th: A Bill to be entitled an Act to supplement the salaries of the judges and district attorney of the superior courts of the Tallapoosa Judicial Circuit from the funds of the counties comprising said circuits; and for other purposes.
HB 323. By Mr. Harris of the 8th: A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts, so as to provide that certain service as a member of the armed forces of the U. S. during certain periods may be included in computing the required number of years of service to be eligible to receive retirement benefits; and for other purposes.
HB 324. By Messrs. Moyer of the 99th and Mason of the 59th: A Bill to be entitled an Act to amend and repeal certain laws of the State prohibiting or regulating the operation of business or the conduct of trade on Sundays; and for other purposes.
HB 325. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend an Act authorizing and directing the State Personnel Board to add two longevity steps to the Merit System Compensation Plan, so as to authorize and direct the Personnel Board to amend the rules and regulations governing the Merit System of Personnel Administration; and for other purposes.

HB 326. By Mr. Atherton of the 19th:
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, so as to provide for the redistricting of an area and the election of members at large when an area, county or municipality is added to or removed from the jurisdiction of an existing Commission; and for other purposes.

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HB 327. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide compensation for Public Service Commissioners Emeritus; and for other purposes.

HB 328. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend an Act relating to the imposition of an excise tax upon cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.
HB 329. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend an Act relating to license and ex cise taxes upon the business of dealing in malt beverages, so as to pro vide for an excise tax which may be imposed on malt beverages by municipalities; and for other purposes.
HB 330. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend Chapter 92-31, of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax and exemptions and deductions thereunder, so as to provide a tax credit or refund for certain taxpayers for sales taxes paid by said taxpayers; and for other purposes.
HB 331. By Mr. Atherton of the 19th: 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; to provide for the collection and distribution of the revenue derived from said tax; and for other purposes.
HB 332. By Messrs. Adams of the 36th, Stephens of the 37th, McKinney of the 35th, Hudson of the 115th and Lane of the 40th: A Bill to be entitled an Act to provide for the regulation and number ing of water vessels; and for other purposes.
HR 100-332. By Mr. Atherton of the 19th: A Resolution compensating Mr. Larry Wayne Pruitt; and for other purposes.
HR 101-332. By Mr. Atherton of the 19th: A Resolution compensating Mr. George Joe Whitworth; and for other purposes.

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361

HR 102-332. By Messrs. Atherton and Wilson of the 19th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to classify property for taxation pur poses; and for other purposes.

HR 103-332. By Messrs. Atherton and Wilson of the 19th, McDaniell of the 20th, Burruss and Kreeger of the 21st, Howard of the 19th, Duke of the 20th and Nix of the 20th:
A Resolution authorizing a survey to be made by the Secretary of State; and for other purposes.

HB 333. By Messrs. Evans of the 89th, Greer of the 43rd and Phillips of the 103rd:
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 restrict the hours for the retail sale of distilled spirits in unbroken packages; and for other purposes.

HB 334. By Messrs. Kreeger of the 21st, Wilson and Atherton of the 19th, Bur russ of the 21st, Howard of the 19th and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to change the provisions relating to termination of membership; and for other purposes.

HB 335. By Mr. Bostick of the 123rd:
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 change the com pensation of the Director of the Department of Transportation; and for other purposes.

HB 336. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend certain laws relating to the ap pointment and the salary of the Supervisor of Purchases, so that said laws will contain no provision for a salary or additions to salary for the Supervisor of Purchases; and for other purposes.

HB 337. By Mr. Buck of the 87th:
A Bill to be entitled an Act to implement the provisions of Article V, Section I, Paragraph XI of the Constitution, so as to increase the size of the State Board of Pardons and Paroles to five members; to provide for the terms of Board members; and for other purposes.

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HB 338. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide that the salary of the Commis sioner of the Department of Administrative Services shall be $30,000; and for other purposes.

HB 339. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide that the salary of the Commis sioner of the Department of Banking and Finance shall be $30,000; and for other purposes.

HB 340. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide that the salary of the Commis sioner of the Department of Banking and Finance shall be fixed by the appointing authority; and for other purposes.

HB 341. By Mr. Buck of the 87th:
A Bill to be entitled an Act to provide that the salary of the Commis sioner of the Department of Administrative Services shall be fixed by the appointing authority; and for other purposes.

HB 342. By Mr. Buck of the 87th:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public work camps, so as to change the salary of the Director of Corrections; and for other purposes.
HB 343. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowances of members of the General Assembly, so as to change the allowances for members of the General Assembly and for other purposes.
HB 344. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Department may pay addi tional compensation for extra or overtime work to officers, noncom missioned officers and troopers of the Uniform Division when federal funds are available for the payment of additional compensation; and for other purposes.

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HB 345. By Messrs. Lee, Johnson, Bailey and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the supplement received by each judge; and for other purposes.

HB 346. By Mr. Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that accumu lated days of forfeited annual and sick leave shall constitute creditable service in addition to all other creditable service; and for other purposes.

HB 347. By Messrs. Smith of the 91st, Murphy of the 18th, Burruss of the 21st and Dean of the 17th:
A Bill to be entitled an Act to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to change the provisions relating to retirement benefits; and for other purposes.

SB 36. By Senators Holley of the 12th and Coggin of the 35th:
A Bill to be entitled an Act to provide for the establishment of standards of construction for mobile homes; and for other purposes.

HB 379. By Mr. Hawes of the 43rd:
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 who becomes dis abled from continuing his duties as judge shall be eligible for ap pointment to judge of the superior courts emeritus; and for other purposes.

HB 383. By Messrs. Murphy of the 18th and Morgan of the 70th:
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 for the compen sation and expenses of superior court judges emeritus for performing certain duties; and for other purposes.

HB 389. By Messrs. Brown, Dickey, Berlin, Coney and Evans of the 89th, Waddle of the 98th, Pinkston of the 89th and Grahl of the 88th:
A Bill to be entitled an Act to provide that the salary of the District Attorney of the Macon Judicial Circuit shall be supplemented by pay-

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ments to be made from the treasuries of Bibb, Peach, and Crawford Counties; and for other purposes.

HB 390. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to specify the retirement age for purposes of required medical examinations; and for other purposes.

HB 391. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to additionally empower, notwithstanding the terms, conditions, limitations and restrictions im posed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments, the mem bers of the Board of Trustees to invest and re-invest the assets of em ployees' Retirement System of Georgia, singly or in conjunction with Teachers' Retirement System of Georgia; and for other purposes.

HB 392. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System of Georgia, so as to additionally empower, notwith standing the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance com panies in the making and disposing of their investments, the members of the board of trustees to invest and re-invest the assets of the Teachers' Retirement System of Georgia; and for other purposes.

HB 393. By Mr. Smith of the 91st:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide credit for certain service under certain conditions; and for other purposes.

Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 150. Do Pass.

Respectfully submitted, Northcutt of the 68th,

Secretary.

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365

Mr. Lee of the 68th District, Chairman of the Committee on Industry, sub mitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 36. Do Pass.

Respectfully submitted, Moyer of the 99th, Secretary.

Mr. McCracken of the 77th 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 152. Do Pass.
HB 164. Do Pass.
Respectfully submitted, McCracken of the 77th, 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:
HR 27-98. Do Pass.
HB 33. Do Pass.

366 HB HB

JOURNAL OF THE HOUSE, 76. Do Pass. 71. Do Pass.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Dorminy of the 115th District, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 306. Do Pass.
HB 161. Do Pass.
Respectfully submitted, Mason of the 59th, Secretary.

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs, (Local Legislation) 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 77. Do Pass.
HB 82. Do Pass.
HB 99. Do Pass.
Respectfully submitted, Levitas of the 50th, Chairman.

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367

Mr. Howell of the 118th 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 226. Do Pass.

HB 227. Do Pass.

HB 228. Do Pass.

HB 230. Do Pass.

HB 231. Do Pass.

Respectfully submitted, Howell of the 118th, Chairman.

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

HB 77. By Messrs. Lee, Johnson, Bailey and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to change the qualifications of the comptroller-administrative assistant; and for other purposes.

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

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

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

HB 82. By Messrs. Odom, Busbee, Lee and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lee County and

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providing in lieu thereof an annual salary, so as to change the salary 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 110, nays 0.

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

HB 99. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to be entitled an Act to provide for the disposition and applica tion of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties; and for other purposes.

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

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

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

HB 105. By Messrs. Lee, Hutchinson, Odom and Busbee of the 114th:
A Bill to be entitled an Act to amend an Act creating the Dougherty Judicial Circuit, so as to change the provisions authorizing the governing authority of Dougherty Judicial Circuit to provide for a supplement to the Judge's 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.

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369

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 Starr of the 44th:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", as amended, so as to require metal protectors or substantial flexible flaps on the rearmost wheels of certain motor vehicles except under certain circumstances.

SB 18. By Senator Kidd of the 25th:
A Bill to amend Code Title 109A, known as the "Uniform Commercial Code", as amended, so as to redefine the term "clearing corporation".

SB 21. By Senator Starr of the 44th:
A Bill to amend an Act known as the "Georgia Records Act", approved April 7, 1972, so as to include authorities in the definition of the term "agency".

SB 26. By Senators Webb of the llth, London of the 50th and Johnson of the 38th:
A Bill to amend Code Section 59-801, relating to panels of jurors in felony trials, as amended, so as to change the provisions relative to jury panels in felony trials; to provide for a panel of 42 jurors.

SB 45. By Senators Webb of the llth and Johnson of the 38th:
A Bill to amend an Act providing for the dismissal of suits in the courts when they have been pending for 5 years or longer as amended, so as to provide for the dismissal of suits in courts when they have been pending for 2 years or longer.

SB 46. By Senators Webb of the llth and Johnson of the 38th:
A Bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to change the period of time which must expire before a suit is dismissed for want of prosecution:

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SB 57. By Senator Starr of the 44th:
A Bill to amend Code Section 32-907, relating to meetings of the county boards of education, as amended, so as to change the provisions relative to such meetings.

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

SR 9. By Senator Kidd of the 25th:
A Resolution transferring control and jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract to Baldwin County and the City of Milledgeville.

SR 10. By Senators Webb of the llth, London of the 50th and Johnson of the 38th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the venue of all cases shall be provided by law.

SR 37. By Senator Henderson of the 33rd: A Resolution expressing regrets at the passing of J. Sid Williams.

SR 38. By Senator Henderson of the 33rd: A Resolution expressing regrets at the passing of the Honorable James V. Carmichael.
The following Resolutions of the House were read and adopted.
HR 113. By Messrs. Dean of the 17th, Murphy of the 18th and Toles of the 16th:
A RESOLUTION
Commending the members of the Cedartown Fire Department; and for other purposes.
WHEREAS, the highly trained and efficient members of the Fire Department of the City of Cedartown are known for the exemplary manner in which they provide fire protection for the citizens of Cedartown; and

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WHEREAS, the members of this outstanding department are known for their skill and proficiency in extinguishing fires and for their comprehensive fire prevention program; and

WHEREAS, Chief Ellis A. Mauldin and Assistant Chief S. W. Colbert have repeatedly demonstrated their outstanding qualities of leader ship; and

WHEREAS, the officers and members of the Cedartown Fire De partment are: Ellis A. Mauldin, Chief; S. W. Colbert, Assistant Chief; John G. Nation, Captain; Robert L. Wilkerson, Captain; Marion Green wood, Lieutenant; Donald Dowdy, Lieutenant; Kenneth W. Roberts, Driver; Barry D. Bullard, Driver; Glenn T. Rhodes, Fireman; Phillip Wayne Andrews, Fireman; Johnny W. Youngblood, Fireman; Gary C. Cagle, Fireman; Rogert D. Hatch, Fireman; Roland D. Jackson, Fire men; Glenn J. Coffman, Fireman; Richard P. Burgdorf, Fireman; and Rufus E. Jackson, Fireman.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate the members of the Cedartown Fire Depart ment for their outstanding devotion to duty and the outstanding manner in which they have performed their duties.

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 Cedartown Fire Department.

HR 114. By Messrs. Coleman and Jessup of the 102nd, Smith of the 74th and others:
A RESOLUTION
Commending the firemen of the State on "Georgia State Firemans' Appreciation Day"; and for other purposes.
WHEREAS, the Governor has designated Thursday, January 18, 1973, as "Georgia State Firemen's Appreciation Day"; and
WHEREAS, the 7,000 firemen in the State of Georgia daily risk their lives to protect the lives and property of the people of the State;
and
WHEREAS, 121 firemen in the United States and 6 firemen in the State were killed last year in the line of duty; and
WHEREAS, 38 percent of the firemen in the United States suf fered serious injury in the performance of their duty last year; and

JOURNAL OF THE HOUSE,
WHEREAS, it is only fitting and proper that these brave fire men be commended and congratulated on "Georgia State Firemen's Appreciation Day" for the excellent job they do and for the tremendous sacrifice they make.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the firemen of the State of Georgia on "Georgia Firemen's Appreciation Day" for their excellent service to the 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 "Georgia State Firemen's Association."
HR 115. By Messrs. Cole of the 6th, Shanahan of the 7th, Ross of the 72nd and many others:
A RESOLUTION
Congratulating Honorable Lester G. Maddox; and for other pur poses.
WHEREAS, the talented Lieutenant Governor of the State of Georgia has added another claim to his long list of accomplishments by spontaneously singing an apropos song at the annual breakfast for county commissioners; and
WHEREAS, the title of the ditty he sang was "For the Good Times"; and
WHEREAS, he invited Johnny Cash to come to Georgia (hope fully to give him singing lessons); and
WHEREAS, his list of accomplishments now reads as follows:
Lieutenant Governor Former Governor Inventor Bicycle Rider Novelty Shop Proprietor Former Restauranteur Television Producer, Director and Performer and "Singer".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE that this Body does hereby congratulate Singer Lester G. Maddox and urge him to contact Johnny Cash with deliberate speed to give him singing lessons before he makes another public appearance to exhibit his "sing ing" talents.

THURSDAY, JANUARY 18, 1973

873

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to forward an appropriate copy of this Resolution
to Honorable Lester G. Maddox.

HR 116. By Messrs. Pearce and Buck of the 87th, Berry and Thompson of the 86th, King and Davis of the 85th and Adams of the 84th:
A RESOLUTION
Commending the officers and men of the Columbus Fire Depart ment; and for other purposes.
WHEREAS, on January 17, 1973, a particularly serious fire erupted in Columbus, Georgia; and
WHEREAS, during the course of fighting this fire 12 firemen were injured and required treatment; and
WHEREAS, these 12 members of the Columbus Fire Department exhibited the highest degree of professionalism in the manner in which they sought to control and extinguish this fire, in spite of the extreme dangers in which their duties placed them; and
WHEREAS, the Columbus Fire Department is known through out the State for the high degree of efficiency and professionalism displayed by its officers and men.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend the officers and men of the Columbus, Georgia, Fire Department for their professionalism, their efficiency and their outstanding devotion to duty, and do hereby wish to extend special recognition to the 12 members of the Columbus Fire Department who were injured in said fire.
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 Columbus, Georgia, Fire Department.

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:

374

JOURNAL OF THE HOUSE,

SB 22. By Senator Johnson of the 38th:
A Bill to amend an Act abolishing the fee system in the Superior Court of Atlanta Judicial Circuit as applied to the office of the Solicitor General of said circuit, as amended, so as to provide for the establish ment of positions and compensations for deputy district attorneys in excess of the specified number.

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

SR 9. By Senator Kidd of the 25th:
A Resolution transferring control and jurisdiction of a tract of land lo cated in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract to Baldwin County and the City of Milledgeville; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 10. By Senators Webb of the llth, London of the 50th and Johnson of the 38th:
A Resolution proposing an amendment to the Constitution so as to provide that the venue of all cases shall be as proved by law; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 11. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to require metal protectors or substantial flexible flaps on the rearmost wheels of certain motor vehicles except under certain circumstances; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 18. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to redefine the term "clearing cor poration"; and for other purposes.
Referred to the Committee on Judiciary.

SB 21. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Records Act", so as to include authorities in the definition of the term "agency"; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, JANUARY 18, 1973

375

SB 22. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the office of the Solicitor General of Atlanta Judicial Circuit, so as to provide for the establishment of positions and compensations for deputy district attorneys in excess of the specified number; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 26. By Senators Webb of the llth and London of the 50th:
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; to provide for a panel of 42 jurors; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 45. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act providing for the dis missal of suits in the courts when they have been pending for 5 years or longer, so as to provide for the dismissal of suits in courts when they have been pending for 2 years or longer; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 46. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to change the period of time which must ex pire before a suit is dismissed for want of prosecution; and for other purposes.
Referred to the Committee on Judiciary.
SB 57. By Senator Starr of the 44th: A Bill to be entitled an Act to amend Code Section 32-907, relating to meetings of the county boards of education, so as to change the pro visions relative to such meetings; and for other purposes.
Referred to the Committee on Education.
Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time:

.376

JOURNAL OF THE HOUSE,

HR 59-178. By Mr. Irvin of the 10th:
A Eesolution authorizing the lease of a certain tract of State-owned property located in Stephens County; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H.
Adams, John Alexander, W. H. Alexander, W. M.
Alien Atherton Bailey Beckham Bennett, J. T.
Berlin Berry Blackshear Bohannon
Bond Bostick Brantley, H. H. Brantley, H. L.
Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee
Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell
Davis, E. T.

Dean, J. E.
Dean, N. Dent
Dickey Dollar
Dorminy Duke
Edwards Egan Elliott Ellis Evans Ployd, J. H. Poster
Fraser Geisinger Gignilliat Grahl Grantham
Greer Harden Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G.
Horton Howard Howell Hudson, Ted Hutchinson Irwin, J. Irwin Jessup Johnson Jones Jordan

Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy
Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L.

Pinkston Rainey Reaves
Ritchie Roach
Rogers Boss Rush
Russell, J.
Russell, W. D. Sams Savage
Shanahan

THURSDAY, JANUARY 18, 1973

377

Shepherd Smith, J. R. Snow
Stephens Strickland
Sweat Thomason Thompson
Toles
Triplett Tucker Turner
Twiggs

Vaughn Waddle Walker
Wall Wamble
Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams Willis Wilson, J. M.
Wood

Those not voting were Messrs.:

Adams, Marvin Bray
Carlisle Daugherty Davis, W. Dean, Gib Dixon Ezzard Tarrar

Floyd, L. R. Groover
Hamilton Harrington Hawes Horton Irvin Lambert Lane, W. J.

Mason Matthews, D. R.
Noble Northcutt Peters Smith, V. B. Townsend Wilson, M. L. Mr. Speaker

.On the adoption of the Resolution, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 88. By Messrs. Howell of the 118th, Larsen of the 102nd, Bray of the 66th and others:
A Bill to be entitled an Act to amend Code Section 34-1307, relative to the prohibition of certain campaign activities within certain distances of polling places, so as to remove the exemption granted to candidates; and for other purposes.

The following amendment was read and adopted:
Mr. Groover of the 75th moves to amend HB 88 by adding at the end of line 27 the following:
"provided, however, a candidate may visit the polling place for the purpose of voting and once during the day to ascertain the progress of the voting."

378

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D.
Adams, J. H. Adams, John Adams, Marvin
Alexander, W. M. Atherton Beckham Bennett Berlin
Berry Bohannon
Bostick Brantley, H. H. Brantley, H. L. Bray
Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell
Coney Connell Davis, E. T. Dean, Gib Dent Dickey Dixon Dorminy Duke Edwards Egan Ellis
Evans

Ezzard Farrar
Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl
Greer Groover Hamilton Harden Harrington Harris, J. F.
Harris, J. R. Harrison
Hawes Hays Hill, G. Horton Howard Howell Hudson Hutchinson Irvin, J.
Irvin, R. Irwin
Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey

Marcus
Mason Matthews, C.
Matthews, D. R. Mauldin McCracken McDaniell
McDonald McKinney
Miles Milford Morgan
Moyer Mulherin Mullinax Murphy Nessmith
Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson
Pearce Peters Petro Phillips, L. L.
Rainey Roach Rogers
Ross Rush Russell, J.
Russell, W. D. Sams
Savage Shanahan Shepherd
Smith, J. R. Smith, V. B.
Snow Stephens Strickland Sweat

Thomason Toles
Townsend Triplett Tucker

THURSDAY, JANUARY 18, 1973

379

Turner Twiggs
Vaughn Wamble

Wheeler, Bobby Wheeler, J. A.
Willis Wilson, M. L.

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear Bond Chance

Dollar Hill, B. L. Horton Phillips, G. S.

Reaves Ritchie Waddle Wall

Those not voting were Messrs.:

Alien Bailey
Brown, B. D. Daugherty Davis, W. Dean, J. E. Dean, N. Elliott

Fraser Grantham
Levitas Lewis Noble Northcutt Pinkston Thompson

Walker Ware
Whitmire Williams Wilson, J. M. Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 145, nays 12.

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

The Speaker Pro Tern assumed the Chair.

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

HB 89. By Messrs. Howell of the 118th, Bray of the 66th, Keyton of the 121st and others:
A Bill to be entitled an Act to amend An Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to change the provisions authorizing the board to adopt and promulgate rules and regulations concerning paroles, pardons, probations and remis sions of fines and forfeitures; and for other purposes.

380

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL

To be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to change the date upon which the general primary is held; to provide for a presidential preference primary; to provide certain procedures relative to the selection of delegates and alternates to national nominating conventions of political parties and bodies; to provide the procedures relative to the way certain delegates and alternates shall vote at such conventions; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby amended by striking from Code Section 34-801, relating to the date on which the general primary is conducted, the following:
"second Tuesday in August"
and substituting in lieu thereof the following:
"second Tuesday in June",
so that when so amended said Code Section shall read as follows:

"34-801. General primary.--Whenever any political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on the second Tuesday in June in each even-numbered year."

Section 2. Said Title is further amended by inserting between Code Chapters 34-10 and 34-11 a new Chapter, to be designated as Code Chapter 34-10A, to read as follows:

"CHAPTER 34-10A. PRESIDENTIAL PREFERENCE PRI MARY.

34-1001A. This Chapter shall be know and may be cited as the 'Georgia Presidential Preference Primary Law'.

34-1002A. Each political party and body which had cast for its candidate for President and Vice President in the last presi dential election more than 20% of the total vote cast for President and Vice President in the State shall elect on the second Tuesday in June in 1976, and on the second Tuesday in June every four (4) years thereafter, one person to be the candidate for nomination

THURSDAY, JANUARY 18, 1973

381

by his party or body for the office of President of the United States.

34-1003A. The name of any candidate for a polictical party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary:

(a) Upon the direction of a presidential candidate selection committee composed of a nonvoting chairman who shall be the Secretary of State, the Speaker of the House of Representatives, the President Pro Tern, of the Senate, the Minority Leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Section 34-1002A. The Secretary of State, during the second week in March of the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this State. The Secretary of State shall submit such list of names of potential presidential candidates to the selection com mittee during the second week in March of the year a presidential preference primary is held. The selection committee shall meet in Atlanta during the fourth week in March of the year preceding the year a presidential preference primary is held, on a date publicly announced by the chairman, Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presi dential primary ballot to the Secretary of State no later than March 30 of the year a presidential preference primary is held. Not later than April 15 of each year a presidential preference primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered mail with return receipt requested.

(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to April 5 of each year a presidential preference primary is held, that his name be placed on the ballot. Not earlier than April 5, nor later than April 10, the Secretary of State shall
convene the committee to consider such requests. If any member
of the selection committee of the same political party or body as
the candidate requests that such candidate's name be placed on
the ballot, the committee shall direct the Secretary of State to place
the candidate's name on the ballot. Within five (5) days after
such meeting, the Secretary of State shall notify the potential
presidential candidate that his name will appear on the ballot.

382

JOURNAL OF THE HOUSE,

34-1004A. A candidate's name shall be printed on the ap propriate primary ballot unless he submits to the Secretary of State by noon, April 20 in each year a presidential preference primary is held, an affidavit stating without qualification that he is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his political party or body. If a candidate withdraws pursuant to this Section, the Secretary of State shall notify the State Executive Committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot.

34-1005A. The State Executive Committee of each political party or body, by rule, at least ninety (90) days prior to the presidential preference primary, shall establish procedures to be followed in the selection of delegates and delegate alternates to the nominating convention of the political party or body.

34-1006A. Any person selected as a delegate or delegate alternate to such national convention shall file a qualification oath with the Secretary of State pledging support at the convention to the candidate of their political party or body for the office of President of the United States for whom they are selected to sup port. The oath shall state that the delegate or delegate alternate affirms to support such candidate until the candidate is either nominated by such convention, or receives less than thirty-five percent (35%) of the votes for nomination by such convention during any balloting, or until the candidate releases the delegates from such pledge. No delegate shall be required to vote for such candidate after two (2) convention nominating ballots have been completed.

34-1007A. Any delegate to a national convention whose presi dential candidate withdraws after being entitled to delegate votes pursuant to this Chapter shall be an unpledged delegate to the national convention.

34-1008A. The State Executive Committee of each political
party or body shall determine when persons interested in becoming a delegate or delegate alternate must file their qualification oath.

34-1009A. The State Executive Committee of each political party or body shall determine the method and procedures by which delegates and delegate alternates to the national nominat ing conventions are selected as well as adopt any other rule not
inconsistent with this Chapter. A copy of any rule or regulation adopted by the Executive Committee shall be sent to the Secretary of State within seven (7) days after its adoption to become a public record.

34-1010A. The State Executive Committee of each political party or body, by rule adopted at least ninety (90) days prior to the presidential preference primary, shall determine the number of delegates and delegate alternates that may be elected from the

THURSDAY, JANUARY 18, 1973

383

State-at-large by the Executive Committee of the party and from each congressional district. At least sixty-six and two-thirds per cent (66-2/3%) of all delegates shall be elected on a congressional district basis, with each congressional district having proportion ately the same number of delegates as shall be mathematically possible, The remainder of the delegates shall be elected from the State-at-large. The presidential candidate receiving the highest number of votes in any congressional district shall receive all delegate votes from such congressional district. The presidential candidate receiving the highest number of Statewide votes shall receive all Statewide delegate votes."

Section 3. This Act shall become effective on January 1, 1976.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Egan of the 25th moved that HB 89 be recommitted to the Committee on State of Republic for further study.

Mr. Howell of the 118th moved that the previous question be ordered.

Mr. Egan of the 25th moved that HB 89 and all amendments thereto be placed upon the table.

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Berry Blackshear Bond Burruss Burton Chance Clark Coney Daugherty Davis, E. T. Dean, J. E. Dean, N. Dickey Duke
Egan

Ellis Evans Geisinger Hamilton
Hawes Hays Hill, B. L. Horton, G. T.
Horton, W. L. Howard Jones Kreeger Lane, Dick Larsen, G. K. McDaniell

_JVTcKinney Nix Peters Petro
Pinkston Rogers Savage Shepherd
Smith, V. B. Snow Stephens ^Thompson Townsend Wall Wilson, J. M.

384

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alien Bailey Bennett Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Busbee Carlisle Carr Carrell Castleberry Cole Collins, M. Collins, S. Colwell Connell Dean, Gib Dent Dollar Dorminy Edwards Farrar Floyd, J. H. Floyd, L. R. Foster Gignilliat Grahl Grantham

Greer
Groover Harden Harrington
Harris, J. F. Harris, J. R. Hill, G. Howell
Hudson Hutchinson Irvin, J. Irvin, R. Johnson Jordan
Keyton King Knight
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis
Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald Miles Milford Morgan Moyer Mulherin Mullinax

Nessmith Northcutt Odom Oxford Patten, G. C. Patten, R. L.
Patterson Phillips, G. S. Phillips, L. L. Ritchie
Roach Ross Rush
Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Strickland Thomason Toles Triplett Tucker Turner Twiggs Vaughn Waddle Wamble Ware Wheeler, Bobby Williams Willis
Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Atherton Beckham Berlin Brantley, H. H. Brown, B. D. Buck Coleman Davis, W. Dixon

Elliott Ezzard Fraser Harrison Jessup Lambert Larsen, W. W. Matthews, D. R. McCracken Murphy

Noble Pearce Rainey Reaves Sweat Walker Wheeler, J. A. Whitmire Mr. Speaker

On the motion to table, the ayes were 46, nays 105.

THURSDAY, JANUARY 18, 1973

385

The motion to table HB 89 was lost.

The motion to order the previous question prevailed.

The following amendments were read and adopted:
Mr. Egan of the 25th moves to amend the Committee substitute to HB 89 by striking on line 32 of page 5 the words, "by the Executive Committee of the party".
Mr. Busbee of the 114th moves to amend the Committee substitute to HB 89 by striking the words "second Tuesday in June" wherever it appears in said Bill, and inserting in lieu thereof the words "last Tuesday in June".
Mr. Howell of the 118th moves to amend the Committee substitute to HB 89 by striking from line 9, page 3, the words, "preceding the year" and substituting the words, "in which".
Mr. Harris of the 51st moves to amend the Committee substitute to HB 89 by striking from line 8, page 4, the word "that" and inserting the words, "whether or not".
An amendment, offered by Mr. Savage of the 30th, was read and lost.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alien Bailey Beckham Bennett

Berlin Berry Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P.

Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance

S86
Cole Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dollar Dorminy Edwards Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Howell
Hudson
Hutchinson
Irvin, J.
Irvin, R.
Irwin, J. R.
Jessup
Johnson

JOURNAL OF THE HOUSE,

Jordan Keyton King Knight Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble
Northcutt
Odom
Oxford
Patten, G. C.
Patten, R. L.
Patterson
Pearce

Petro Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Wamble Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

Those voting in the negative were Messrs.

Alexander, W. H. Atherton Blackshear Bond Brown, B. D. Clark Coney Daugherty Dean, J. E. Dean, N. Dickey Duke Egan

Ellis Evans Grahl Groover Hamilton Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howard Jones Kreeger

Larsen, G. K. Levitas Marcus McKinney Nix Peters Rainey Savage Shepherd Stephens Wall Wilson, J. M.

THURSDAY, JANUARY 18, 1973

387

Those not voting were Messrs.:

Alexander, W. M. Brantley, H. H. Burruss Coleman
Elliott

Ezzard Farrar Praser Murphy
Reaves

Ross Townsend Walker Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 37.

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

Mr. Farrar of the 52nd stated that due to mechanical failure, his vote was not recorded. He wished to be recorded as voting "aye" on the passage of HB 89, by substitute, as amended.

The Speaker Pro Tern announced the House recessed until 2:00 o'clock, P.M. AFTERNOON SESSION
The Speaker called the House to order.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Retirement and referred to the Committee on State Planning and Community Affairs:

HB 261. By Mr. Adams of the 36th:
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 who have served for 5 or more years as judge pro hac of certain courts within said cities; and for other purposes.

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

HB 39. By Messrs. Hutchinson of the 114th, Hawes of the 43rd, Jones of the 109th 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; and for other purposes.

388

JOURNAL OP THE HOUSE,

The following amendments were read and adopted:

Messrs. McDaniell of the 20th and Jordan of the 58th move to amend HB 39 as follows:
By inserting in the title, immediately preceding the phrase "to provide an effective date", the following:
"to give local school boards the option to determine whether or not teachers with their respective systems shall be covered under the provisions of this Act; to provide for eligibility for funds to maintain or establish a separate insurance program;".
By renumbering Sections 15 and 16 as Section 16 and 17, re spectively.
By adding a new Section 15, to read as follows:
"Section 15. Local school boards shall have the option to deter mine whether or not the teachers within their respective systems shall be covered under the provisions of this Act. Any system desir ing to maintain or establish their own insurance program shall re ceive their pro rata share of the funds which would otherwise be available to them under the provisions of this Act to defray ex penses incurred in connection with maintaining or establishing a separate insurance program."

Mr. Hutchinson of the 114th moves to amend HB 39 as follows:
By striking the words "employee" or "employees" where the same appear at the following locations in said bill:
Page 2, line 29 Page 3, line 27 Page 3, line 30 Page 3, line 33 Page 4, line 22 Page 4, line 24 Page 4, line 30 Page 5, line 3 Page 5, line 27 Page 5, line 30 Page 6, line 25 Page 6, line 30 Page 6, line 31 Page 7, line 2

THURSDAY, JANUARY 18, 1973

389

and inserting in lieu thereof the words "teacher" or "teachers", respec tively.

By striking the words "employees' and "employees'" where the same appear in line 27 on page 6 and inserting in lieu thereof the words "teacher" and "teachers' ", respectively.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham Berlin Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carlisle Carr Carrell Castleberry Chance Cole Collins, M. Collins, S. Colwell Coney Davis, E. T. Davis, W. Dean, J. E. Dent Dickey Dixon

Dorminy Duke Edwards Egan Elliott Ellis Evans Parrar
Foster Fraser Gei singer Gignilliat Grantham Greer
Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays
Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones

Jordan Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Logan Lowrey Matthews, C. Mauldin
McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin
Mullinax Murphy Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson
Pearce Petro Phillips, G. S. Phillips, L. L. Reaves Ritchie

390
Roach Rogers Eoss Rush Russell, J. Russell, W. D. Sams Shanahan Smith, V. B. Snow

JOURNAL OF THE HOUSE,

Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle

Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was W. S. Lee.

Those not voting were Messrs.:

Alexander, W. M. Atherton Bennett Berry Blackshear Buck Burton Clark Coleman Connell Daugherty Dean, Gib Dean, N. Dollar

Ezzard Floyd, J. H. Floyd, L. R. Grahl Jessup Keyton King Larsen, W. W. Lewis Marcus Mason Matthews, D. R. McKinney Noble

Odom Peters Pinkston Rainey Savage Shepherd Smith, J. R. Stephens Strickland Townsend Walker Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 138, nays 1.

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

Mr. Floyd of the 5th stated that he had been unable to cast his vote on the passage of HB 39, as amended, because of a pressing committee meeting, but wished to be recorded as voting "aye" on its passage.

HB 26. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend an Act providing for confirmation of sales under forclosure proceedings on real estate under powers contained in deeds to secure debt shall be valid unless notice of intent has been mailed by the grantee by certified mail at least 10 days prior to the date of first advertisement; and for other purposes.

THURSDAY, JANUARY 18, 1973

391

The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act providing for confirmation of sales under foreclosure proceedings on real estate, approved March 28, 1935 (Ga. Laws 1935, p. 381), 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 such property has been mailed by the grantee, assigned or transferee of the deed to secure debt to the ap parent owner by certified mail addressed to the last known address of the apparent owner and mailed at least ten days prior to the date on which the first advertisement of the sale appears in the legal organ of the county in which such sale is to occur; to provide that the requirement of notice of intent to sell such property shall not be waivable; to define the term "apparent owner"; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act providing for confirmation of sales under fore closure proceedings on real estate, approved March 28, 1935 (Ga. Laws 1935, p. 381), is hereby amended by adding, following Section 2, a new Section, to be designated Section 2A, to read as follows:
"Section 2A. No sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or trans feree of the deed to secure debt to the apparent owner by certified mail addressed to the last known address of the apparent owner and mailed at least ten days prior to the date on which the first advertisement of the sale appears in the legal organ of the county in which such sale is to occur. Notice of intent to sell such property required by this Section shall not be waivable by any party to a security deed. A recitation that this Section has been complied with in the deed made pursuant to said sale shall be conclusive evidence of compliance as to a bona fide third party purchaser without notice. As used herein 'apparent owner' means the person having the equitable title as reflected by the records maintained in good faith by the holder of the deed to secure debt or its duly appointed servicing agent."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. McDaniell of the 20th moves to amend the committee substitute to HB 26 by adding to line 7, page 2, after "security deed." the following:

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JOURNAL OF THE HOUSE,

"The receipt for certified or registered mail shall suffice as evidence that this Act has been complied with.

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H.
Adams, John Adams, Marvin
Alexander, W. H. Alexander, W. M.
Alien
Bailey Bennett Berlin
Berry Blackshear Bohannon Bond Bostick
Bray Brown, B. D.
Brown, C. Brown, S. P.
Buck Burruss Burton Busbee Carrell Castleberry
Chance Clark Cole Collins, M. Collins, S. Connell Davis, E. T.
Davis, W. Dean, Gib Dean, J. E. Dent Dickey

Dorminy Egan Elliott Ellis Farrar Floyd, J. H. Floyd, L. R.
Foster Fraser Geisinger Gignilliat Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G. T. Hudson Hutchinson Irvin, J.
Irvin, R. Jessup Johnson Jordan Knight Kreeger Lane, Dick Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas

Lowrey Matthews, C. McKinney Morgan
Moyer Mullinax
Murphy Northcutt Odom Patten, G. C. Patterson Pearce Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Russell, J.
Savage Shanahan
Snow Stephens
Sweat Thomason Thompson
Toles Townsend Triplett Turner Waddle Wall Wamble Ware Willis Wilson, M. L.

THURSDAY, JANUARY 18, 1973

393

Those voting in the negative were Messrs.:

Beckham Brantley, H. L. Carlisle Colwell Dean, N. Dollar Duke Horton, W. L. Jones
King

Lambert Lane, W. J. Mason Mauldin McCracken Miles Mulherin Nessmith Nix
Noble

Petro Ross Sams Smith, V. B. Tucker Twiggs Whitmire Williams Wood

Those not voting were Messrs.:

Atherton Brantley, H. H. Carr Coleman Coney Daugherty Dixon Edwards Evans Ezzard Grahl Hamilton Harrington Harrison

Hawes Howard Howell Irwin, J. R. Keyton Lewis Logan Marcus Matthews, D. R. McDaniell McDonald Milford Oxford Patten, R. L.

Peters Pinkston Reaves Rush Russell, W. D. Shepherd Smith, J. R. Strickland Vaughn Walker Wheeler, Bobby Wheeler, J. A. Wilson, J. M. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 29.

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

Mr. Petro of the 46th stated that he inadvertently voted "nay" on the passage of HB 26, by substitute, as amended, and had intended to vote "aye".

HB 56. By Messrs. Shanahan of the 7th, Lee of the 114th, Ross of the 72nd and others: A Bill to be entitled an Act to amend Code Title 105, relating to torts, so as to create a new Code Chapter 105-13A, relating to injuries to the person and to property resulting from motor vehicle collisions; and for other purposes.
An amendment, offered by Mr. Horton of the 56th, was read and lost.

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The following amendment was read and adopted:

Mr. Harris of the 51st moves to amend HB 56 on Page 2, Line 17, and Line 20, by striking the word "verdict" and substituting the word "judgment".

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 1.

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

HB 256. By Messrs. Levitas of the 50th, Horton of the 43rd and Knight of the 65th:
A Bill to be entitled an Act to amend an Act providing for the re organization of functions within the Executive Branch of State Govern ment, so as to provide that the functions of the Bureau of State Planning and Community Affairs transferred to the Department of Community Development shall include Section 2(g) of an Act approved March 31, 1967; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend House Bill 256 as follows:
by adding in line 7 on page 1 after the words "Section (g)" the follow ing: "and Section 7" and in line 22 of page 1 by striking the word "and" and insert a comma (,) after "5" and inserting after "6" the words "and 7".
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, JANUARY 18, 1973

395

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Collins, M. Collins, S. Colwell Coney Connell
Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Elliott
Ellis
Evans
Floyd, J. H.
Floyd, L. R.

Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.
Levitas
Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McCracken
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer

Mulherin Mullinax Murphy Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Ross Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend
Tucker
Turner
Twiggs
Vaughn
Waddle
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

396

JOURNAL OF THE HOUSE,

Those not voting were Messrs:

Bennett Brantley, H. H. Chance Coleman Daugherty Dean, J. E. Edwards Egan Ezzard

Farrar Groover Hill, G. Howard Jessup Jones Lane, W. J. Lewis Matthews, D. R.

Noble Northcutt Rogers Rush Russell, W. D. Triplett Walker Wilson Mr. Speaker

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

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

HB 63. By Messrs. Groover of the 75th, Vaughn of the 57th and Brown of the 89th:
A Bill to be entitled an Act to amend Code Section 105-1302, relating to the homicide of a husband or parent, so as to provide that the widow may release the alleged wrongdoer without the concurrence of any children or any representative of a child without any order of court; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berlin Berry Bohannon Bond Bostick

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Burton Busbee Carlisle Carr Carrell Castleberry

Cole Coleman Collins, M. Collins, S. Colwell
Coney Connell Davis, W. Dean, Gib Dean, N. Dent Dickey Dollar

Dorminy Duke Edwards Egan Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jordan Keyton King Knight Kreeger

THURSDAY, JANUARY 18, 1973

397

Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy
Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S.

Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Thorn ason Thompson Toles Tucker Turner
Twiggs Waddle Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Blackshear Clark Dixon

Elliott Greer Hill, B. L.

Horton McKinney Sweat

Those not voting were Messrs.:

Adams, G. D. Alien Beckham Brantley, H. H. Chance Daugherty Davis, E. T. Dean, J. E. Evans

Ezzard Hill, G. Irvin, R. Irwin Jones Lane, Dick Matthews, D. R. Noble Northcutt

Pinkston Rush Russell, W. D. Townsend Triplett Vaughn Walker Mr. Speaker

398

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 145, nays 9.

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

HB 95. By Messrs. Levitas of the 50th and Harris of the 51st:
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 Committee on Judiciary moves to amend HB 95 as follows:
1. by adding a new section to be numbered 6 and to read as follows:
"In the event the State files an appeal as authorized in this Act, the accused shall be entitled to be released on reasonable bail pending the disposition of said appeal except in those cases punish able by death and the amount of such bail to be set by the court shall be reviewable on direct application by the court to which said appeal is taken."
2. by renumbering Section 6 to Section 7.
3. by adding in the caption after the word "foregoing" in line 10 the words "to provide for bail pending said appeal."

The following amendments were read and adopted:
Mr. Larsen of the 102nd moves to amend HB 95 by striking Section 5 therefrom and changing the number of Section 6 accordingly.
Mr. Levitas of the 50th moves to amend HB 95 by adding in Section 1, subsection (d) at the beginning of the sentence the following words:
"In case of motions made and rules upon prior to the em panelling of a jury,".

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

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

THURSDAY, JANUARY 18, 1973

399

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Cole Coleman Collins, S. Coney Connell Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dorminy Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser

Geisinger Gignilliat Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jordan
King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan
Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald Milford Morgan Moyer Mulherin Mullinax

Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Savage Shanahan Shepherd
Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Townsend Tucker Turner Waddle Wall
Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis, R. T. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bennett Berlin Berry Blackshear Clark

Daugherty Dollar Duke Hamilton Harrington

Hill, B. L. Howard Irwin Kreeger McKinney

400
Miles Murphy Pearce

JOURNAL OF THE HOUSE,

Rainey Ross

Sams Thompson

Those not voting were Messrs:

Alien Beckham Brantley, H. H. Buck Chance Collins, M. Colwell Davis, E. T. Dean, J. E.

Edwards Ezzard Grahl Hill, G. Irvin, R. Jones Keyton Matthews, D. R. McCracken

Noble Thomason Triplett Twiggs Vaughn Walker Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 132, nays 22.

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

HB 47. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend Code Section 59-106, relating to revision of jury lists and the selection of grand and traverse jurors, so as to provide that in composing the jury lists, the board of jury com missioners shall use the official registered voters' list; and for other purposes.

The following committee substitute was read and adopted:
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, as amended, so as to provide that at least biennially, or, if the senior judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile and maintain and revise a jury list of in telligent and upright citizens of the county to serve as jurors; to remove the requirement that such revision be on the first Monday in August or within 60 days thereafter; to provide that in composing the jury list the board of jury commissioners shall use the official registered voters' list of the county as such list has been most recently revised by the county board of registrars or other county election officials; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

THURSDAY, JANUARY 18, 1973

401

Section 1. Code Section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, is hereby amended by inserting, preceding the words "judge of the su perior court", in the first sentence of said Section the following:

"senior", and by striking from the first sentence of said Section the following:

", on the first Monday in August, or within 60 days thereafter",

and by striking from said Section the following:
"the official registered voters' list which was used in the last preceding general election",
and inserting in lieu thereof the following:
"the official registered voters' list of the county as most re cently revised by the county board of registrars or other county election officials",

so that when so amended, Code Section 59-106 shall read as follows:
"59-106. At least biennially, or, if the senior judge of the su perior court shall direct, at least annually, the board of jury com missioners shall compile and maintain and revise a jury list of in telligent and upright citizens of the county to serve as jurors. In composing such lists the commissioners shall select a fairly repre sentative cross-section of the intelligent and upright citizens of the county from the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the jury list, so composed, is not a fairly representative crosssection of the intelligent and upright citizens of the county, they shall supplement such list by going out into the county and per sonally acquainting themselves with other citizens of the county, including intelligent and upright citizens of any significantly iden tifiable group in the county which may not be fairly represented thereon.
After selecting the citizens to serve as jurors, the jury com missioners shall select from the jury list a sufficient number of the most experienced, intelligent and upright citizens, not ex ceeding two-fifths of the whole number, to serve as grand jurors. The entire number first selected, including those afterwards se lected as grand jurors, shall constitute the body of traverse jurors for the county, except as otherwise provided herein, and no new names shall be added until those names originally selected have been completely exhausted, except when a name which has already been drawn for the same term as a grand juror shall also be drawn as a traverse juror, such name shall be returned to the box and another drawn in its stead."

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JOURNAL OF THE HOUSE,

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Cole Coleman Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Ellis Evans Farrar Floyd, L. R.
Foster Fraser Gei singer Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F.
Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R.

Irwin Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin
McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford

THURSDAY, JANUARY 18, 1973

403

Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J.

Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Tucker Turner

Twiggs Vaughn Waddle Wall Wamble
Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Those not voting were Messrs.:

Alexander, W. H. Beckham Blackshear Chance
Clark Collins, M.
Collins, S. Dean, J. E. Edwards

Ezzard Floyd, J. H. Hill, B. L.
Hill, G. Keyton Larsen, G. K.
Matthews, D. R. McKinney
Noble

Patten
Petro Savage Thomason Townsend Triplett Walker Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 0.

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

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

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

404

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 19, 1973

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 Major Tom Richmond, Commanding Officer, The Salvation Army, Warner Robins, Georgia.

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

Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle
Carr
Carrell
Castleberry
Chance
Clark
Cole
Coleman
Collins, M.

Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gei singer Gignilliat Grantham
Greer
Hamilton
Harden
Harrington
Harris, J. F.
Harris, J. R.
Harrison
Hays

Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McCracken

McDaniell McDonald McKinney Miles Milford Morgan
Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearee Petro
Phillips, G. S.

FRIDAY, JANUARY 19, 1973

405

Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers
Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat
Thomason

Thompson Toles Townsend Triplett Tucker Turner
Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Mr. Mauldin of the 13th, Chairman of the Committee on 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:

406

JOURNAL OF THE HOUSE,

HB 414. By Messrs. Jones of the 109th, Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th, Blaekshear of the 106th and Chance of the 112th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Chatham County, so as to change the name of the com missioners of Chatham County and ex officio judges; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 415. By Messrs. Brown of the 67th and Lowrey of the 15th: 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.
HB 416. By Messrs. Davis of the 85th and Edwards of the 95th: A Bill to be entitled an Act to amend "The Georgia Public Assistance Act of 1965", so as to provide for a reward to be paid to certain persons furnishing information leading to the removal of any person from the welfare rolls who is guilty of illegally receiving welfare payments; and for other purposes.
Referred to the Committee on Human Relations.
HB 417. By Messrs. Williams, Wood and Whitmire of the 9th: A Bill to be entitled an Act to amend Code Chapter 79A-99, relating to punishment for certain drug- offenses, so as to increase the maximum punishment for certain offenses; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 418. By Messrs. Williams, Wood and Whitmire of the 9th: A Bill to be entitled an Act to amend an Act providing for the confisca tion and condemnation of certain vehicles and conveyances used in illegal trafficking of certain drugs, so as to provide that certain vehicles which are condemned for such illegal use may be ordered to be placed under the supervision and control of the Division of Investigation; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 419. By Messrs. Williams, Wood and Whitmire of the 9th: A Bill to be entitled an Act to amend Code Section 27-405, providing

FRIDAY, JANUARY 19, 1973

407

that the courts of inquiry of this State shall hear all legal evidence sub mitted by either party, so as to abolish the right of the accused in crim inal trials to make an unsworn statement; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 420. By Messrs. Berlin, Coney, Dickey, Brown and Evans of the 89th:
A Bill to be entitled an Act to require the State to reimburse municipali ties, counties, and public school systems for revenues lost from certain veterans' exemptions; and for other purposes.
Referred to the Committee on Ways and Means.

HB 421. By Mr. Wheeler of the 127th:
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 main tain preschool educational facilities; and for other purposes.
Referred to the Committee on Education.

HB 422. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act providing a salary for the sheriff of Candler County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff, the sheriff's deputies, supplies and equipment; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 423. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Candler County, so as to change the provisions relative to 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.

HB 424. By Messrs. Miles of the 79th, Dent of the 78th, Connell of the 80th, Sams of the 83rd, Mulherin of the 81st and Beckham of the 82nd:
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 the requirement that such applications must be sworn to; and for other purposes.
Referred to the Committee on Motor Vehicles.

408

JOURNAL OF THE HOUSE,

HB 425. By Messrs. Brown, Berlin and Evans of the 89th:
A Bill to be entitled an Act to authorize the use of video recording equip ment for the purpose of recording: and preserving testimony; and for other purposes.
Referred to the Committee on Judiciary.

HB 426. By Mr. Dean of the 54th:
A Bill to be entitled an Act to provide for minimum compensation for all employees of the State, or departments, agencies, boards, bureaus, commissions or authorities of the State; and for other purposes.
Referred to Committee on Industry.

HB 427. By Messrs. Brantley of the 22nd, and Shanahan of the 7th:
A Bill to be entitled an Act to amend the "Fiduciary Investment Com pany Act", so as to permit and allow officers and directors of foreign trust institutions to serve as directors of fiduciary investment com panies; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 428. By Messrs. Petro of the 46th, Horton of the 56th, Burton of the 47th and McKinney of the 35th:
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 Banks and Banking.

HB 429. By Messrs. Brown of the 34th, Patten of the 123rd, Russell of the 53rd, Bond of the 32nd, Mrs. Hamilton of the 31st, Messrs. Coney of the 89th, Horton of the 43rd, Blackshear of the 106th, Evans of the 89th, Atherton of the 19th and others:
A Bill to be entitled an Act to amend an Act creating the State Building Board, so as to provide that the supervisor of the State Office of Housing Section shall perform certain administrative duties for the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 430. By Messrs. Brown of the 34th, Patten of the 123rd, Russell of the 53rd, Bond of the 32nd, Blackshear of the 106th, Alexander of the 39th, Evans of the 89th, Coney of the 89th, Horton of the 43rd, Atherton of the 19th and others:
A Bill to be entitled an Act to amend the Executive Reorganization Act

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of 1972, so as to create within the Division of Community Affairs of the Department of Community Development the state office of Housing Section; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 111-430. By Messrs. Shanahan of the 7th, Cole and Poster of the 6th, Roach of the 8th, Ross of the 72nd, Busbee of the 114th, Lambert of the 97th, Atherton of the 19th, Brown of the 67th, Burruss of the 21st and others:
A Resolution proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, con struct, extend, operate and maintain gas or electric generating and dis tribution systems must participate in the election authorizing such actions; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 112-430. By Messrs. Brown of the 34th, Alexander of the 38th, Hill of the 110th and Bond of the 32nd:
A Resolution proposing an amendment to the Constitution so as to allow revenue bond funding of public parking lots and public parking garages; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 431. By Mr. Wheeler of the 127th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize a reduction in pupil-teacher ratio in vocational programs and in grades four and five; to change the allotment of certificated professional supportive personnel; and for other purposes.
Referred to the Committee on Education.
HB 432. By Mr. Wheeler of the 127th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize local units of administration to accrue capital outlay funds from year to year in accordance with capital facility plans approved by the Board of Educa tion; and for other purposes.
Referred to the Committee on Education.
HB 435. By Messrs. Burruss of the 21st, Colwell of the 4th and Toles of the 16th: 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

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departments and agencies within the Executive Branch of State govern ment; and for other purposes.
Referred to the Committee on Rules.

HB 436. By Messrs. Burruss of the 21st, Colwell of the 4th and Toles of the 16th:
A Bill to be entitled an Act to establish a Statewide procedure for the information and coordination of a State and Federal surplus property program; to provide for the transfer and consolidation of existing Fed eral surplus property programs; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 437. By Messrs. Burruss of the 21st, Colwell of the 4th and Toles of the 16th:
A Bill to be entitled an Act to amend an Act providing the procedures under which surplus State property shall be disposed of, so as to include Public Authorities within the authorization for transfer of surplus prop erty by negotiated sale; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 438. By Messrs. Bennett of the 124th, Patten of the 123rd, Burton of the 47th, Adams of the 36th, Hudson of the 115th and Grantham of the 127th: A Bill to be entitled an Act to amend Code Section 3'4-401, relating to powers and duties of ordinaries in connection with primaries and elec tions, so as to change the provisions relating to the public announcement of primary and election results; and for other purposes.
Referred to the Committee on State of Republic.
HB 439. By Mr. Atherton of the 19th: A Bill to be entitled an Act to provide for the establishment of minimum standards for budgeting, financial reporting and auditing for counties and municipalities of this State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 440. By Mr. Noble of the 48th: A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to create the crime of improper advertising of goods; and for other purposes.
Referred to the Committee on Industry.
HB 441. By Messrs. Ware of the 65th, Wood of the 9th, Floyd of the 5th, Berlin of the 89th, Pearce of the 87th, Dean of the 17th, Berry of the 86th ;

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411

Hays of the 1st, Lane of the 40th, Harris of the 51st, Ellis of the 107th, Dean of the 60th 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 Guard, so as to provide for the issuance of license plates free of charge to members of the National Guard; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 442. By Messrs. Jones of the 109th, Alien of the 108th, Chance of the 112th, King of the 85th, Triplett of the lllth, Lowrey of the 15th, Rush of the 104th, Gignilliat of the 105th and McCracken of the 77th:
A Bill to be entitled an Act to provide that the governing authority of each county and the board of education of each school system shall be authorized to provide liability insurance to the members of such board; and for other purposes.
Referred to the Committee on Insurance.

HB 443. By Mr. Stephens of the 37th: A Bill to be entitled an Act to establish a framework of employeremployee relations by providing uniform and orderly methods for deal ings between employees and organizations thereof and employing public agencies; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 444. By Messrs. Rainey of the 115th, Peters of the 2nd, Grahl of the 88th, Mullinax of the 65th, Stephens of the 37th, Grantham of the 127th and Hudson of the 115th: A Bill to be entitled an Act to be known as the Georgia Animal Importa tion Act; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 117-444. By Messrs. Bennett, Reaves and Patten of the 124th: A Resolution designating a certain portion of Georgia Highway 122 as the Sheriffs' Boys' Ranch Road"; and for other purposes.
Referred to the Committee on Highways.
HB 445. By Messrs. Lee of the 114th, Snow of the 1st, Harris of the 51st, Bennett of the 124th, Tucker of the 69th and King of the 85th: A Bill to be entitled an Act to improve the administration of criminal justice in this State; to create the District Attorneys Association as the Office of Prosecution Coordination; and for other purposes.
Referred to the Committee on Judiciary.

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HB 446. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to affect counties of 300,000 and cities located therein to change from 100 days to 180 days the time period now allowed a city to condemn or otherwise acquire street rights-of-way under the mapped streets plan; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 447. By Mr. Larsen of the 27th: A Bill to be entitled an Act to authorize the governing authority of each municipality to allow bridges over, and tunnels under, any high way, street, road or public way within such municipality under certain conditions to accommodate pedestrian traffic between private premises; and for other purposes.
Referred to the Committee on Highways:
HB 448. By Messrs. Snow of the 1st, Bennett of the 124th, Tucker of the 69th, King of the 85th, Hawes of the 43rd and Evans of the 89th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or facility under the jurisdiction and control of the Board; and for other purposes.
Referred to the Committee on Judiciary.
HB 449. By Messrs. Snow of the 1st, Bennett of the 124th, Tucker of the 69th, King of the 85th and Evans of the 89th:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide that certain personnel employed by the Board of Corrections, or the Department of Offender Rehabilitation, or any county correctional institution may be exempt from jury duty; and for other purposes.
Referred to the Committee on Judiciary.
HB 450. By Mr. Burton of the 47th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Geor gia Health Code", so as to provide minimum health and sanitation stan dards for the location and construction of individual water supply systems; and for other purposes.
Referred to the Committee on Health and Ecology.

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413

JHB 451. By Mr. Burton of the 47th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Geor gia Health Code", so as to provide for public health regulation of sources of emission of ambient noise detrimental to public health or to the enjoyment of life or property; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 452. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to reincorporate the City of Jefferson in the County of Jackson; to create a new charter for said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 453. By Messrs. Berlin, Coney, Dickey, Pinkston, Brown and Evans of the 89th:
A Bill to be entitled an Act to create the "Macon Transit Authority"; to prescribe the duties, powers, privileges, exemptions and immunities thereof; 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 could be introduced, read the first time and referred to the committees:

HB 466. By Messrs. Morgan of the 70th, Lambert of the 97th, Smith of the 74th, Lane and Nessmith of the 76th, Wood of the 9th, Brantley of the 92nd, Williams and Whitmire of the 9th, Cole of the 6th and others:
A Bill to be entitled an Act to make it unlawful to alter the suspension system of any private passenger motor vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 467. By Messrs. Horton of the 43rd, Larsen of the 27th, Alexander of the 39th, Brantley of the 22nd, Brown of the 34th, Davis of the 56th, Geisinger of the 44th, Knight of the 65th, Lane of the 40th, Mulherin of the 71st, and Russell of the 53rd:
A Bill to be entitled an Act to provide for the protection and wise use of certain criticial areas of this State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

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HB 468. By Messrs. Russell of the 62nd and Brown of the 67th:
A Bill to be entitled an Act to amend Code Title 88, the Georgia Health Code, so as to provide for civil penalties; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 469. By Mr. Russell of the 62nd:
A Bill to be entitled an Act to amend Code Title 88, the "Georgia Health Code", so as to provide for the public health regulation of confined animal facilities; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 470. By Messrs. Smith of the 91st, Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Connell of the 80th:
A Bill to be entitled an Act to provide for tax relief; to provide for grants to counties; to provide for the method of allocation; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills of the Senate were introduced, read the first time and referred to the Committee on Judiciary.

SB 23. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend Code Chapter 26-15, relating to criminal damage to property, so as to provide for the crime of criminal use of an article with an altered identification marks; and for other purposes.

SB 39. By Senator Overby of the 49th: A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pre-trial, trial and certain post trial procedures in civil cases, so as to provide that if both the plaintiff or plaintiffs and the defendant(s) agree execution may issue and enforcement proceedings may be taken at any time after entry; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 348. By Messrs. Vaughn of the 57th, Logan of the 62nd, Dean of the 17th, Moyer of the 99th, Adams of the 14th, Dent of the 78th, McDaniell of the

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415

20th, Rush of the 104th, Oxford of the 101st, Patterson of the 64th and Carr of the 90th:
A Bill to be entitled an an Act to provide a new Code of Public Trans portation; to revise, classify, consolidate, and repeal Title 95, Code of Georgia, as amended; and for other purposes.

HB 349. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defray ing the costs of providing personnel and equipment for the control of traffic, so as to provide that the Fiscal Division of the Department of Administrative Services shall make computations and payments of the individual municipal grants; and for other purposes.
HB 350. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing for the Depart ment of Transportation to develop and coordinate long range compre hensive plans for all modes of transportation, so as to provide for state wide transportation plans; and for other purposes.
HB 351. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to provide that it shall be unlawful to tear down, deface, or change a detour sign, warning sign, barricade or fence or to drive around barricade or fence or a road closed sign or to drive upon a section of road not officially opened to public traffic by the proper authority or to wilfully ignore or disregard a warning sign before the road has been officially opened to public traffic by the property author ity; and for other purposes.
HB 352. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend Code Section 109-302, relating to powers of corporations chartered by superior courts, so as to provide that any corporation may act in a limited fiduciary capacity with the approval of the Commissioner of Banking and Finance; and for other purposes.

HB 353. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend Code Title 13, known as the "Bank ing Laws", so as to authorize the expansion of extension of existing facilities under certain conditions; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 354. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act known as "The Building and Loan Act", so as to provide that no court shall grant a new charter to any State-chartered association nor any renewals or amendments to any existing charters of any State-chartered association without the prior written approval of the Georgia Building & Loan Commissioner; and for other purposes.

HB 355. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to prohibit any person, firm or corporation from advertising seeking to induce any person to purchase an instrument comparable to an insured deposit or share account in any bank, savings and loan association, when the instrument does not possess comparable insurance coverage as determined by the Commissioner of the Depart ment of Banking and Finance; and for other purposes.

HB 356. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend the "Georgia Business Develop ment Corporation Act", so as to provide that no business development corporation shall be authorized to commence business until its articles are approved by the Commissioner of Banking and Finance; and for other purposes.

HB 357. By Mr. Smith of the 91st:
A Bill to be entitled an Act to amend Code Section 50-127, relating to jurisdiction and venue of habeas corpus in which such a petition is filed may, in its discretion, transfer such case to the court which imposed the sentence complained of; and for other purposes.

HB 358. By Mr. Lane of the 40th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Peace Officers' Standards and Training Act", so as to lower the minimum age to 18 for a person to be employed or certified as a peace officer; and for other purposes.

HB 359. By Messrs. Savage of the 30th, Harris of the 51st, Irvin of the 23rd, Hawes of the 43rd, Stephens of the 37th, Lee of the 114th and others:
A Bill to be entitled an Act to provide for a Constitutional Convention to propose revisions, alterations or amendments to the Constitution of the State; to provide for the composition of the Convention; and for other purposes.

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417

HB 360. By Messrs. Brown of the 67th, Marcus of the 26th and Wheeler of the 13th:
A Bill to be entitled an Act to comprehensively and exhaustively re vising, strengthening, unifying and modernizing the provision of public health and public welfare services and insuring economical and orderly development of such services throughout the State; and for other pur poses.

HB 361. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the allot ment of funds for free text books, consumable instructional materials and supplies and for library books and nonconsumable teaching ma terials and aids; and for other purposes.

HB 362. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to provide for educational accountability; and for other purposes.
HB 363. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the State Board of Education, so as to change the provisions relative to the powers of the Board of Education; to amend Code Section 32-505, relative to the duties of the State Superintendent of Schools, as to provide for cer tain powers and duties of said Superintendent; and for other purposes.
HB 364. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend Code Section 32-911, relating to the immunization of school children to their admission to public schools, so as to provide for a certain period of time within which a parent or guardian of a school child and school officials may secure the required immunization without violating the provisions of said Section; and for other purposes.

HB 365. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Program of Education Act", so as to provide for the allotment of additional per sonnel by the State Board of Education; and for other purposes.

HB 366. By Mr. Farrar of the 52nd:
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

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relative to the allotment of teachers and other certificated personnel and to the initial adjustment of allotments of personnel and State funds; and for other purposes.

HB 367. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to create an educational research and de velopment program; and for other purposes.

HB 368. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to provide evaluation and tenure for class room teachers and all other professional personnel of local school systems except the superintendent; and for other purposes.

HB 369. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to provide for educational improvement through educational accountability; and for other purposes.

HB 370. By Messrs. Savage of the 3'Oth, Brown of the 67th, Noble of the 48th, Hudson of the 115th, Floyd of the 56th, Burton of the 47th, Smith of the 42nd and Irvin of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to prohibit the use of hypnotism, mesmerism and similar act or process except tinder certain circumstances; and for other purposes.

HB 371. By Messrs. Russell of the 53rd, Hawes of the 43rd, Rush of the 104th, Mauldin of the 13th, Collins of the 122nd, Reaves of the 124th, Coney of the 89th, Shanahan of the 7th, Matthews of the 122nd and Waddle of the 98th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for the transfer of the functions of the Georgia Historical Commission and its Board of Commissioners to the Depart ment of Natural Resources; and for other purposes.

HB 372. By Messrs. Nessmith and Lane of the 76th:
A Bill to be entitled an Act to amend the Georgia Post Mortem Exami nation Act, so as to change the fees to be paid medical examiners for performing certain services; and for other purposes.

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419

HB 373. By Mr. Ross of the 72nd:
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 sale of a motor vehicle license and tag and 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 374. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act providing for forest fire protection, so as to change the provisions relative to the amount of funds paid by counties for forest fire protection; and for other purposes.

HB 375. By Messrs. Dollar of the 63rd, Marcus of the 26th, Hawes of the 43rd, Horton of the 56th, Bohannon of the 64th and Foster of the 6th, Pearce of the 87th, Berry of the 86th and Knight of the 76th:
A Bill to be entitled an Act to amend Code Section 74-111, relating to reports of cruel treatment of children, so as to include employees of local public school systems and the State Department of Education among those parties permitted to report cases of cruel treatment; and for other purposes.

HB 376. By Messrs. Geisinger of the 44th, Ware of the 65th, Harrington of the 93rd, Wood of the 9th, Floyd of the 5th, Lane of the 76th, Dean of the 17th, Berry of the 86th, Hays of the 1st, Beckham of the 82nd and others:
A Bill to be entitled an Act to amend Code Section 92-3107, relating to taxable net income, so as to exempt income not to exceed six hundred dollars received for active and inactive duty training as a member of the Georgia National Guard from State income taxes; and for other purposes.

HR 104-376. By Messrs. Colwell and Twiggs of the 4th, Ritchie of the llth and Irvin of the 10th: A Resolution authorizing and directing the State Department of Trans portation to erect an appropriate marker along the Richard B. Russell Scenic Highway near Hog Pen Gap in memory of the late James P. Davidson; and for other purposes.
HR 105-376. By Mr. Wheeler of the 13th: A Resolution compensating Mr. E. Mitchell Smith; and for other pur poses.

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HR 106-376. By Mr. Phillips of the 103rd: A Resolution compensating Mr. Eugene Hester; and for other purposes.

HR 107-376. By Mr. Lane of the 40th:
A Resolution proposing an amendment to the Constitution to authorize the City Council of East Point to provide by ordinance for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system created by law and authorized by the City Council; and for other purposes.

HB 377. By Messrs. Larsen of the 27th, Egan of the 25th and Snow of the 1st:
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 a capital offense as respect to bailability; and for other purposes.

HB 378. By Mr. Lane of the 40th:
A Bill to be entitled an Act to amend an Act establishing a charter for the City of East Point, relating to vacancies in the office of Mayor and City Couneilmen; and for other purposes.

HB 380. By Messrs. Colwell of the 4th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections, so as to provide that prisoners shall receive certain benefits on release except as otherwise provided and to provide the manner to implement the benefits; and for other purposes.
HB 381. By Messrs. Colwell of the 4th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised the laws relating to the Board of Corrections, so as to provide it shall be unlawful for any employee of any State Cor rectional Institution to remove an inmate from the institution without prior written consent; and for other purposes.
HB 382. By Messrs. Colwell of the 4th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act to enact into laws the Interstate Agreement on Detainers; to provide that the State of Georgia shall be a party to said agreement; and for other purposes.

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421

HB 384. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to amend an Act providing for a uniform traffic citation and complaint form, so as to provide that copies of each traffic citation and complaint issued by a law enforcement officer shall be forwarded to the Commissioner of the Department of Public Safety; and for other purposes.

HB 385. By Messrs. Ware of the 65th, Berry of the 86th, Pearce of the 87th, Hays of the 1st, Gignilliat of the 105th, Moyer of the 99th, Wood of the 9th and Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to redefine the policy and purpose of civil defense; and for other purposes.

HB 386. By Messrs. Lane and Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act establishing the qualifica tions for agents of the Division of Investigation, so as to authorize the Director of the Division of Investigation to retain on a contractual basis such persons as he deems necessary to combat the menace of narcotic and drug abuse; and for other purposes.

HB 387. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th, Davis of the 85th, Thompson of the 86th, Adams of the 84th and King of the 85th:
A Bill to be entitled an Act to amend the Charter of Columbus to apply homestead exemptions to Urban Services District taxes; and for other purposes.
HR 108-387. By Mr. Larsen of the 27th:
A Resolution compensating the Sessions Company, Inc., Enterprise, Ala bama; and for other purposes.

HB 388. By Mr. Smith of the 91st:
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 the purchase outside this State of objects of art and other similar property by museums for display in such museums; and for other purposes.

HB 394. By Messrs. Geisinger of the 44th, Egan of the 25th, Russell of the 53rd, Irvin of the 23rd, Harris of the 51st, Ployd of the 56th, Burton of the 47th, Larsen of the 27th and others:
A Bill to be entitled an Act to provide that an individual who holds a public elective office may not qualify for another public elective office, the term of which or any part thereof runs concurrent with the term

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of office of the office for which he seeks to qualify, without first tender ing his resignation; and for other purposes.

HB 395. By Messrs. Mulherin of the 81st, Alexander of the 39th, Blackshear of the 106th, Brantley of the 22nd, Hill of the 41st, Floyd of the 56th, Beckham of the 82nd, Sams of the 83rd, Horton of the 43rd, Knight of the 65th and Patten of the 123rd:
A Bill to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; to provide for its membership; and for other purposes.
HB 396. By Messrs. Wood and Whitmire of the 9th, Mauldin of the 13th, Irvin of the 10th, Wheeler of the 13th, Howell of the 118th, Collins of the 122nd, Buck of the 87th and Groover of the 75th:
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 the meaning of the word "indirectly" as used in said Title with reference to voting stock in banks and bank holding companies; and for other purposes.
HB 397. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to regulate massive water-related recreational events that may cause damage to natural resources; and for other purposes.
HB 398. By Messrs. Smith of the 74th, Adams of the 36th, Lane of the 40th and Brown of the 89th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide that the functions of the Public Service Com mission relating to the performance of safety inspection for certain motor vehicles which were transferred to the Department of Public Safety shall be returned to the Public Service Commission; and for other pur poses.

HB 399. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Jessup of the 102nd and Coleman of the 102nd:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to delete that requirement providing for the inadmissibility of certain chemical tests; and for other purposes.

HB 400. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Jessup and Coleman of the 102nd:
A Bill to be entitled an Act to provide that law enforcement officers, while testifying before any court in any criminal proceedings, shall not be compelled to reveal their home address, but may be required to di vulge the business address of their employer; and for other purposes.

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423

HB 401. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and Jessup of the 102nd:
A Bill to be entitled an Act to authorize the Department of Public Safety to reimburse any employee for all reasonable and necessary expenses incurred when such employee is assigned to duties which require him to relocate his place of residency; and for other purposes.

HB 402. By Messrs. Smith of the 74th, Adams of the 36th, and Brown of the 89th:
A Bill to be entitled an Act to authorize the Department of Public Safety to provide additional compensation to certain members of the Department who perform additional duties; and for other purposes.

HB 403. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and Jessup of the 102nd:
A Bill to be entitled an Act to change the compensation of certain mem bers of the Department of Public Safety; and for other purposes.

HB 404. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Jessup and Coleman of the 102nd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to intercept any radio transmission of any law enforcement agency with the intent to utilize the information gained from such trans mission for pecuniary gain; and for other purposes.

HB 405. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Walker of the 100th, Jessup and Coleman of the 102nd:
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 judge or pleads guilty or nolo contendere or forfeits his appearance bond; and for other purposes.

HB 406. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th, Jessup and Coleman of the 102nd:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for a quorum for the discharge of business by the Board of Public Safety; and for other purposes.

HB 407. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to increase the fee for filing; and for other purposes.

424

JOURNAL OF THE HOUSE,

HB 408. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act, so as to allow local govern mental jurisdictions to collect the penalty fees for the late purchase of vehicle tags; and for other purposes.

HB 409. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to require the collection and payment of certain taxes on tangible property, other than motor vehicles, in four installments annually; and for other purposes.

HB 410. By Messrs. Walker of the 100th, Wilson of the 94th, Waddle of the 98th, Castleberry of the 96th, Groover of the 75th, Dean of the 60th, Brown, Dickey and Evans of the 89th, Snow of the 1st and Hawes of the 43rd:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that all cities and local author ities may adopt all or a portion of the "Uniform Act Regulating Traffic on Highways"; and for other purposes.
HB 411. By Messrs. Rush of the 104th, Irvin of the 10th, Jones of the 109th, Hays of the 1st and Roach of the 8th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional Industries Administration; and for other purposes.

HB 412. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, so as to delete the provisions that the filing for record of a real estate instrument securing a long term note without payment of the in tangible tax in the manner pi-escribed by said Act shall not constitute legal notice to anyone; and for other purposes.
HB 413. By Mr. Harris of the 51st:
A Bill to be entitled an Act to provide to certain executors or trustees compensation for certain of their services; and for other purposes.

HB 433. By Mr. Logan of the 62nd:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners for Registered Professional Sanitarians, so as to provide for five-year terms of office; and for other purposes.

FRIDAY, JANUARY 19, 1973

425

HB 434. By Messrs. Coiling of the 45th, Petro of the 46th, Floyd of the 56th and others:
A Bill to be entitled an Act to provide that apartment complexes constructed after a certain date shall be required to have an auxiliary source of electric power if such complex depends on electric power as source of heat; and for other purposes.

SR 9. By Senator Kidd of the 25th:
A Resolution transferring control and jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract to Baldwin County and the City of Milledgeville; and for other purposes.

SR 10. By Senators Webb of the llth, London of the 50th and Johnson of the 38th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the venue of all cases shall be as proved by law; and for other purposes.

SB 11. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to require metal protectors or substantial flexible flaps on the rearmost wheels of certain motor ve hicles under certain circumstances; and for other purposes.

SB 18. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to redefine the term "clearing cor poration"; and for other purposes.

SB 21. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Records Act", so as to include authorities in the definition of the term "agency"; and for other purposes.

SB 22. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the office of the Solicitor General of Atlanta Judicial Circuit, so as to provide for the establishment of positions and compensations for deputy district attorneys in excess of the specified number; and for other purposes.

426

JOURNAL OF THE HOUSE,

SB 26. By Senators Webb of the llth and London of the 50th:
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; to provide for a panel of 42 jurors; and for other purposes.

SB 45. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act providing for the dismissal of suits in the courts when they have been pending for 5 years or longer, so as to proivde for the dismissal of suits in courts when they have been pending for 2 years or longer; and for other purposes.

SB 46. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to change the period of time which must ex pire before a suit is dismissed for want of prosecution; and for other purposes.

SB 57. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend Code Section 32-907, relating to meetings of the county boards of education, so as to change the provi sions relative to such meetings; and for other purposes.

Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 169. Do Pass, by Substitute.
HB 363. Do Pass.
HB 364. Do Pass, by Substitute.
Respectfully submitted, Northcutt of the 89th, Secretary.

FRIDAY, JANUARY 19, 1973

427

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

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

HB 83. Do Pass, as Amended.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Smith of the 74th 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 98. Do Pass, as Amended.

HB 73. Do Pass.

HB 244. Do Pass.

HB 246. Do Pass.

HB 247. Do Pass.

HB 301. Do Pass.

HB 344. Do Pass.

Respectfully submitted, Smith of the 74th, Chairman.

Mr. Eoach of the 8th 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-

428

JOURNAL OF THE HOUSE,

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

HB 68. Do Pass.

HB 167. Do Pass.

HB 40. Do Pass.

HR 44. Do Not Pass.

HR 31-98. Do Pass.

Respectfully submitted, Roach of the 8th, Chairman.

Mr. Roach of the 8th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 274. Do Pass, as amended.
Respectfully submitted, Larsen of the 102nd, Vice-Chairman

Mr. Colwell of the 4th 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 Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SR

9. Do Pass.

HR 54-161. Do Pass.

HR 87-280. Do Pass.

FRIDAY, JANUARY 19, 1973

429

HR 104-376. Do Pass.

HB

79. Do Pass.

Respectfully submitted, Toles of the 16th, Secretary.

Mr. Levitas of the 50th 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 265. Do Pass.
HB 326. Do Pass, as Amended.
Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Levitas of the 50th District, Chairman of the Committee on State Planning and Community Affairs--Local Legislation, 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 215. Do Pass.
HB 225. Do Pass.
Respectfully submitted, Levitas of the 50th, Chairman.

430

JOURNAL OF THE HOUSE,

Mr. Wamble of the 120th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 160. Do Pass.

HB 163. Do Pass.

HB 388. Do Pass.

Respectfully submitted, Wamble of the 120th, Chairman.

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

HB 215. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act changing the terms of the Superior Court of Burke County, so as to change the date for the beginning of the terms of the Superior Court 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 100, nays 0.

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

HB 225. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A Bill to be entitled an Act to repeal and replace the charter of the City of Thomason, as amended, to create a new charter for said city; and for other purposes.

FRIDAY, JANUARY 19, 1973

431

The report 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.

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

SB 23. By Senator Tysinger of the 41st: A Bill to amend Code Chapter 26-15, relating to criminal damage to property, as amended, so as to provide for the crime of criminal use of an article with an altered identification mark.
SB 39. By Senator Overby of the 49th: A Bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pre-trial, trial and certain post trial procedures in civil cases, as amended, so as to provide that if both the plaintiff or plaintiffs and the defendant (s) agree execution may issue and enforcement proceedings may be taken at any time after entry.
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:
HB 150. By Messrs. Mauldin of the 13th, Farrar of the 52nd and Coney of the 89th: A Bill to be entitled an Act to amend the "Minimum Foundation Program of Education Act", so as to change the provisions relative to funds for vocational schools; and for other purposes.

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

432

JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, J. H. Adams, John Alexander, W. H. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dent, Dickey Dixon Dollar Dorminy
Duke
Edwards
Ellis
Evans

Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. P. Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin
McCracken
McDaniell
McKinney

Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs
Vaughn
Waddle
Walker
Wamble

FRIDAY, JANUARY 19, 1973

433

Wheeler, Bobby
Wheeler, J. A. Whitmire

Williams
Willis Wilson, J. M.

Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Bennett Dean, J. E. Dean, N. Egan Elliott Groover

Harris, J. R. Hawes Hill, G. Hutchinson Irvin, R. Knight Larsen, W. W. Lewis

McDonald Peters Petro Rainey Russell, W. D. Wall Ware 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. Dean of the 17th stated that he had been called from the floor of the House when the roll was called on HB 150. He wished to be recorded as voting

SB 36. By Senators Holloway of the 12 and Coggin of the 35th:
A Bill to be entitled an Act to provide for the establishment of standards of construction for mobile homes; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin
Alexander, W. H. Alien Atherton Bailey

Beckham Berlin Berry Blackshear
Bohannon Bond Bostick Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P.
Buck Burruss Burton Busbee

434
Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Colling, M. Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, Gib Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gei singer Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harrison Hawes Hays Horton, G. T.

JOURNAL OF THE HOUSE,

Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Matthews, C. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L.

Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Dixon

Russell, W. D.

Those not voting were Messrs.:

Alexander, W. M. Bennett Brantley, H. H.

Davis, E. T. Dean, J. E. Egan

Elliott Groover Harris, J. R.

Hill, B. L. Hill, G. Irvin, R. Marcus Mason

FRIDAY, JANUARY 19, 1973

435

Matthews, D. R. McCracken McDonald Noble Petro

Smith, J. R. Ware Willis Mr. Speaker
:

On the passage of the Bill, the ayes were 155, nays 2.

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

By unanimous consent, SB 36 was ordered immediately transmitted to the Senate.

HR 27-98. By Mr. Alexander of the 38th:
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 rejection; 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, except the taking of private property for public purposes, against the State of Georgia, its agencies or political subdivisions, as the General Assemblj' may provide by law. Notwithstanding any other provision of this Constitu tion, the General Assembly may provide for exclusive jurisdiction over such cases in the State Court of Claims, 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 con stitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of

436

JOURNAL OF THE HOUSE,

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, 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 create and establish a State Court of Claims whereby persons who have suffered
NO ( ) injury or damage caused by the State, its agencies or political subdivisions, shall have a means of obtaining 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 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., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear

Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle

Carr Carrell Chance Clark Cole Coleman Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dent Dickey Dollar Dorminy
Duke Evans Ezzard
Farrar Floyd, J. H. Floyd, L. R. Fraser
Geisinger Grahl
Grantham Greer Hamilton
Harden
Harrington
Harris, J. P. Harrison Hawes
Hays Hill, B. L.
Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J.
Jessup Johnson
Jones Jordan Keyton King Knight

FRIDAY, JANUARY 19, 1973

437

Kreeger Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Levitas
Lewis Logan Lowrey
Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney
Miles Milford
Morgan Moyer Mulherin Mullinax Nessmith
Nix Northcutt
Oxford Patten, G. C.
Patterson Pearce
Peters Petro Phillips, G. S. Phillips, L. L. Pinkston
Rainey

Reaves Ritchie
Roach Rogers
Ross Russell, J. Russell, W. D.
Sams
Savage Shanahan Shepherd
Smith, J. R. Smith, V. B.
Snow Stephens Strickland Thomason
Thompson Toles Townsend Triplett Tucker Turner
Twiggs Vaughn Waddle Walker
Wamble Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Williams
Wilson, J. M. Wilson, M. L.
Wood

Those voting in the negative were Messrs.

Bohannon Collins, S.
Dixon

Foster Groover Lee, W. S.

Those not voting were Messrs.:

Alexander, W. M.
Castleberry Collins, M.
Dean, J. E. Edwards Egan
Elliott Ellis

Gignilliat Harris, J. R.
Hill, G. Horton, W. L.
Irvin, R. Irwin, J. R. Lambert Marcus

Odom Patten, R. L. Sweat
McCracken Murphy Noble Rush Wall Willis Mr. Speaker

438

JOUENAL OF THE HOUSE,

On the adoption of the Resolution the ayes were 148, nays 9.

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

Mr. Groover of the 75th stated that on the adoption of HR 27-98 he had in advertently voted "nay". He wished to be recorded as voting "aye".

HR 7-27. By Mr. Alexander of the 38th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of violent crime; to provide for the submission of this amendment for rati fication 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 a new paragraph to read as follows:
"The General Assembly is hereby authorized to provide by law for compensating innocent victims of violent crime. The General Assembly shall be further authorized to appropriate funds to carry out the provisions of any law adopted pursuant to the authority of this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize NO ( ) the General Assembly to provide by law for compensat
ing innocent victims of violent crime?"
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.

FRIDAY, JANUARY 19, 1973

439

By unanimous consent, further consideration of HR 7-27 was postponed until Monday, February 12, 1973, immediately after the period of unanimous consents.

HB 226. By Messrs. Greer of the 43rd and Patten of the 124th:
A Bill to be entitled an Act to amend Code Section 34-629, relating to the requirement that electors vote in the election district in which they are registered with certain exemptions; and for other purposes.

An amendment, offered by Mr. Sweat of the 125th, was read and lost.

An amendment, offered by Mr. Brantley of the 92nd, 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Borwn, S. P. Buck Burruss Burton Busbee Carlisle

Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dollar Dorminy Duke Edwards Egan Ellis Evans Ezzard Farrar

Ployd, J. H. Floyd, L. R. Poster Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harris, J. F. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Jessup Johnson Jones Jordan

440
Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Morgan Moyer Mulherin

JOURNAL OF THE HOUSE,

Mullinax Nessmith Nix Noble Northcutt Odom
Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves RitcMe Roach Rogers Russell, J. Russell, W. D. Sams Savage Shepherd

Smith, J. R. Snow Stephens Strickland Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Brantley, H. L. Dean, N. Dixon

Irvin, J. Irwin, J. R. Milford

Oxford Ross Sweat

Those not voting were Messrs.:

Alexander, W. M. Daugherty Dean, J. E. Elliott Groover Hamilton Harrington

Harris, J. R. Harrison Lambert Lane, W. J. McCracken Murphy Rush

Shanahan Smith, V. B. Townsend Willis Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 9.

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

Due to mechanical failure, the vote of Mr. Triplett of the 15th was not recorded on the passage of HB 226.

FRIDAY, JANUARY 19, 1973

441

HB 227. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, as amended, so as to change the method of qualifying to allow a candidate to qualify for a primary by petition; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H.
Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon
Bond Bostick
Brantley, H. H. Bray
Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Collins, M.
Collins, S. Colwell
Coney Connell Daugherty Davis, E. T. Davis, W.

Dean, Gib Dean, N.
Dent Dickey
Dollar Dorminy Edwards Elliott
Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster
Fraser Geisinger Gignilliat
Grahl Grantham
Greer Groover Hamilton
Harden Harrington Harris, J. F. Harrison
Hays Hill, G. Horton, G. T. Horton, W. L. Howell
Hudson Hutchinson
Irwin, J. Irwin Jessup Johnson Jones

Jordan KKienygt-on
Knight Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald Miles Milford Morgan Moyer Mulherin Mu'linax Nessmith Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey

442
Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs

Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Brantley, H. L. Clark Dixon

Duke Howard Kreeger

McKinney Nix Wilson, J. M.

Those not voting were Messrs.:

Alexander, W. M. Burruss Coleman Dean, J. E. Egan Ezzard Harris, J. R.

Hawes Hill, B. L. Irvin, R. Lambert Lewis Matthews, D. R. McCracken

McDaniell Murphy Patten, R. L. Townsend Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 9.

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

Due to mechanical failure, the vote of Mr. Triplett of the 15th was not recorded on the passage of HB 227.

HB 228. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-8, relating to primary and election dates and to certain special elections; and for other purposes.

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

FRIDAY, JANUARY 19, 1973

443

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, J. H. Adams, John Alexander, W. H.
Alexander, W. M.
Alien Atherton Bailey Beckham
Bennett Berlin
Berry Blackshear Bohannon
Bond Bostick Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck
Burruss Burton
Busbee Carlisle
Carr Carrell Castleberry Chance Clark Cole Coleman Coiling, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent
Dickey Dixon Dollar Dorminy Duke

Edwards Egan Ellis Evans
Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer
Groover Hamilton Harden Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, G.
Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King
Knight Kreeger Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C.
Matthews, D. R.

Mauldin McDaniell McDonald McKinney
Miles Milford
Morgan Moyer Mulherin Mullinax
Nessmith Nix Northcutt Odom
Oxford Patten, G. C. Patten, R. L. Patterson Pearce
Peters Petro Phillips, L. L.
Pinkston Rainey Ritchie
Roach Rogers Rush Russell, J. Russell, W. D. Sams Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner
Twiggs Vaughn Waddle Walker Wall
Wamble Ware

444
Wheeler, Bobby Wheeler, J. A. Whitmire

JOURNAL OF THE HOUSE,

Williams Willis Wilson, J. M.

Wilson, M. L. Wood

Those not voting were Messrs. :

Adams, Marvin Brantley, H. H. Elliott Ezzard Floyd, J. H. Grahl Harris, J. E.

Hawes Horton, W. L. Lambert Lewis McCracken
Murphy Noble

Phillips, G. S. Reaves Ross Savage Shanahan Townsend Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0.

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

Due to mechanical failure, the vote of Mr. Triplett of the 15th was not re corded on the passage of HB 228.

HB 230. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 34-1338, relating to the procedures for the processing of ballot cards at the tabulation center, so that duplicate cards shall be red in color; and for other purposes.

The report of the Committee, which was favorable 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 Bailey Beckham

Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle

Cari-
Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E, T. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard

FRIDAY, JANUARY 19, 1973

445

Howell
Hudson Hutchinson
Irvin, J. Irvin, R.
Jessup Johnson
Jones Jordan
Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald
Miles Milford Morgan Moyer Mulherin
Mullinax Nessmith
Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson

Pearce
Peters Petro Phillips, L. L.
Pinkston
Rainey Ritchie Roach Rogers
Ross Rush Russell, J.
Russell, W. D. Sams
Savage Shanahan Shepherd Smith, J. R. Smith, V. B.
Snow Stephens Strickland
Sweat Thomason Thompson
Toles Tucker Turner Twiggs Vaughn
Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Voting in the negative was Mr. J. H. Adams.

Those not voting were Messrs.:

Carrell Castleberry Davis, W. Dean, J. E.

Edwards Ezzard Gignilliat Grahl

Harris, J. R. Hill, B. L. Irwin, J. R. Lambert

446
Lewis Matthews, D. E. McCracken

JOURNAL OF THE HOUSE,

McKinney Murphy Phillips, G. S.

Eeaves Townsend Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
Due to mechanical failure, the vote of Mr. Triplett of the 15th was not re corded on the passage of HB 230.

HB 231. By Messrs. Patten of the 123rd, Greer of the 43rd and Adams of the 74th:
A Bill to be entitled an Act to amend Code Section 34-A-1407, relating to runoff primaries and elections, so as to provide that a runoff shall be held on a certain day; and for other purposes.

Mr. Larsen of the 102nd moved that HB 231 be recommitted to the Com mittee on State of Republic for further study.
The motion prevailed.

HB 33. By Mr. Berlin of the 89th:
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; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John

Adams, Marvin Alexander, W. M. Alien

Atherton Bailey Beckham

Berlin Blackshear Brantley, H. H. Brown, C. Burton Carr Chance Cole Coleman Coney Connell Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dorniiny Duke Egan Ellis Evans Floyd, L. R. Foster Grantham Greer Harrington Harris, J. P. Hays Howard

FRIDAY, JANUARY 19, 1973

447

Howell Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Keyton King Kreeger Larsen, G. K. Lee, W. S. Le vitas Logan Lowrey Mason Matthews, C. Mauldin McDaniell Miles Milford Morgan Moyer Mullinax Nix Noble Northcutt Oxford Patten, G. C.

Patten, R. L. Peters Petro Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thomason Tucker Twiggs Vaughn Waddle Walker Wall Wheeler, Bobby Whitmire
Wood

Those voting in the negative were Messrs.

Alexander, W. H. Bennett Bostick Brown, B. D. Brown, S. P.

Carlisle Clark Collins, S. Geisinger Lane, W. J.

Lee, W. J. (Bill) Nessmith Thompson Willis Wilson, J. M.

Those not voting were Messrs.:

Bohannon Bond Brantley, H. L.
Bray Buck Burruss Busbee Carrell Castleberry Collins, M. Colwell Daugherty

Davis, E. T. Dean, J. E. Dollar Edwards Elliott Ezzard Farrar Floyd, J. H. Fraser Gignilliat Grahl Groover

Hamilton Harden Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Irwin, J. R. Jones

448
Knight Lambert Lane, Dick Larsen, W. W. Lewis Marcus Matthews, D. R. McCracken McDonald McKinney Mulherin

JOURNAL OF THE HOUSE,

Murphy Odom Patterson Pearce Phillips, G. S. Pinkston Ross Rush Russell, J. Smith, J. R.

Toles Townsend Triplett Turner Wamble
Ware Wheeler, J. A. Williams Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 97, nays 15.

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

Due to mechanical failure, the vote of Mr. Berry of the 86th. was not re corded on the passage of HB 33.

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

HR 124. By Messrs. Matthews of the 112th, Castleberry of the 96th, Wilson of the 94th and others:
A RESOLUTION
Creating the Vending Machine Study Committee; and for other pur poses.
WHEREAS, there are currently thousands of vending machines in: use throughout the State of Georgia; and
WHEREAS, large numbers of Georgia citizens and tourists through out the State depend on vending machines for food and refreshments;
and
WHEREAS, there is a lack of adequate information concerning the mechanical operation of vending machines and sanitary procedures observed in vending machines by the owners and operators thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Vending Machine Study Committee to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House of

FRIDAY, JANUARY 19, 1973

449

Representatives. The committee shall conduct a thorough study of the mechanical operation of vending machines and the sanitary procedures observed in vending machines within the State of Georgia. The com mittee shall be authorized to make such inquiries and studies as it deems necessary in completing this study. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the committee shall receive the expenses authorized for legislative members of interim legislative committees, but shall receive the same for not more than ten days, unless additional days are authorized by the Speaker of the House of Representatives. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to, or available to, the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1974 Session of the General Assembly of Geor gia, at which time the committee shall stand abolished.

The following Resolutions of the House were read and adopted:

HR 118. By Messrs. Smith of the 91st, Wilson of the 94th, Moyer of the 99th and many others:
A RESOLUTION
Extending congratulations to Representative and Mrs. Larry Walker; and for other purposes.
WHEREAS, Mrs. Larry Walker, wife of one of the outstanding freshmen legislator, Representative Larry Walker from Perry, Georgia, gave birth on January 18, 1973, to a fine baby boy; and
WHEREAS, Larry and his attractive and charming wife, Janice, are the proud parents of three other children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Representative Larry Walker and his wife, Janice, upon the birth of their fourth child, a baby boy.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Representative and Mrs. Larry Walker.
HR 119. By Messrs. Patten of the 123rd, Edwards of the 95th, Matthews of the 122nd and many others:
A RESOLUTION
Commending the Honorable Henry L. Reaves; and for other pur poses.

450

JOURNAL OF THE HOUSE,

WHEREAS, the Honorable Henry L. Reaves, the distinguished Representative from the 124th District, has served with distinction, dedication and great ability as a member of this body since 1963; and

WHEREAS, he is widely known throughout the State for his many outstanding contributions to agriculture in the State of Georgia; and

WHEREAS, his services as Chairman of the Agricultural Research Subcommittee of the House Agriculture Committee have been instru mental in improving research in the many problems which face Georgia's farmers; and
WHEREAS, he has served as President of the Brooks County Live stock Association, as Secretary-Treasurer of the Brooks County Farm Bureau, as President of the Quitman Rotary Club, as a Director of the Georgia Cattlemen's Association, and as Assistant Manager, Agri business Services, the Southern Railway System; and

WHEREAS, he has made many outstanding contributions to the religious, social and political life of his community and State; and

WHEREAS, he served with distinction as an officer in the Army Air Force during World War II; and

WHEREAS, the Brooks County Chamber of Commerce has pro claimed Thursday, January 25, 1973, as "Henry Reaves Day"; and

WHEREAS, the Honorable Herman E. Talmadge, the senior Senator from Georgia, will be the principal speaker at the official observance of "Henry Reaves Day" in Brooks County; and

WHEREAS, it is only fitting and proper that the members of this body recognize and commend the Honorable Henry L. Reaves for his unselfish devotion to the citizens of Brooks County and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recognize and commend the Honorable Henry L. Reaves, the distinguished Representative from the 124th District, for his many years of out standing public service to the citizens of Brooks County and the State of Georgia, and do hereby congratulate him on the designation of January 25, 1973, as "Henry Reaves Day" in Brooks County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Henry L. Reaves.

FRIDAY, JANUARY 19, 1973

451

HR 120. By Messrs. Marcus of the 26th, Levitas of the 50th, Lane of the 40th, Brantley of the 22nd and Hawes of the 43rd:

A RESOLUTION

Expressing regrets at the passing of Dr. Harry L. Williams; and for other purposes.

WHEREAS, on July 22, 1972, Emory University, the State, and the nation suffered a great loss at the death of Dr. Harry L. Williams;

and

WHEREAS, he first joined the Emory Medical School in 1954 where he served as a Professor of Pharmacology and an Associate Professor of Medicine; and

WHEREAS, he served on many medical school committees, including the curriculum committee and the admissions committee; and

WHEREAS, he was President of the Emory chapter of the Ameri can Association of University Professors and the Society of Sigma Xi, and was twice elected chairman of the University Senate; and

WHEREAS, in recognition of his service to Emory University, the Medical Alumni Association of Emory University presented Dr. Williams with its Award of Honor in 1972; and

WHEREAS, he was an internationally noted authority on drugs, and devoted much of his time to education about and research of drug abuse; and

WHEREAS, he served on many committees in national organiza tions, including the National Committee on Drug Dependence and Abuse of the American Social Health Association, and on the Joint Committee on LSD and Drug Abuse of the Federal Drug Administration, and the National Institute of Mental Health.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and most sincere regrets at the passing of Dr. Harry L. Williams.

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 Dr. Harry L. Williams.

452

JOURNAL OF THE HOUSE,

HR 121. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th and others:
A RESOLUTION

Expressing sympathy at the passing of the Honorable Thomas Marion Johnson; and for other purposes.

WHEREAS, the State of Georgia recently lost one of its most distinguished citizens in the passing of the Honorable Thomas Marion Johnson; and

WHEREAS, he was a native of Columbus but moved to Savannah in his early childhood; and

WHEREAS, he was a 1921 graduate of the University of Georgia;

and

WHEREAS, he was a co-founder, former President and Chairman of the Board of Johnson, Lane, Space and Smith, investment securities brokers, one of the largest investment banking and counseling firms in the Southeast; and

WHEREAS, he was appointed as a member of the Georgia Ports Authority in 1959, was elected Chairman of the Finance Committee of the Authority in 1959 and assumed the additional duties of Vice Chairman of the Authority in 1970, in which capacities he served until his death; and

WHEREAS, during his tenure as a member of the Georgia Ports Authority, $59,000,000 in capital investments were made in port facilities, including two terminals in Savannah, barge terminals in Augusta and Columbus, a port at Brunswick and trade and development offices in New York, Chicago, Bonn, West Germany and Tokyo, Japan; and

WHEREAS, the ability of the Authority to borrow sufficient funds to complete these projects was largely due to the confidence which banks and security underwriters had in the financial ability which Mr. Johnson displayed as a member of the Authority; and

WHEREAS, he was awarded the Lucas Trophy for 1946 as Savannah's outstanding citizen for his work in founding and heading the Industrial and Domestic Water Supply Commission and was awarded the William Washington Gordon Trophy as outstanding citizen in busi ness and industry in 1960 for his work as Finance Chairman of the Georgia Ports Authority; and

WHEREAS, he was active in the religious affairs of his com munity, having served as a lay reader, vestryman, senior warden and head of Every Member Canvasses for Christ Church, and having served the Diocese of Georgia as a delegate to state and national church con ventions; and

FRIDAY, JANUARY 19, 1973

453

WHEREAS, in 1967, the Triennial Convention named him as a Trustee of the National Episcopal Church Pension Fund; and

WHEREAS, he headed the successful United Community Appeal campaign in 1956, was a past President of the Oglethorpe Club, past Commodore of the Savannah Yacht Club and past Finance Chairman of the Union Society, which operates Bethesda Home for Boys; and

WHEREAS, he was known for his activity in the business com munity, having been a member of the New York Stock Exchange and the American Stock Exchange and a Director of the Hanna Manu facturing Co., the Central of Georgia Railway, Airpax Electronics, Inc., South Atlantic Gas Co. and had served as Vice President of the Investment Bankers Association of America; and

WHEREAS, he was a member of the Chatham Club, the Savannah Benevolent Association and the Society of Colonial Wars; and

WHEREAS, he was the devoted husband of Mrs. Kathryn Twiggs Johnson and the father of five outstanding children.

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 Thomas Marion Johnson, 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 appropriate copy of this Resolution to the family of Thomas Marion Johnson.

HR 122. By Mr. Mauldin of the 13th:
A RESOLUTION
Commending the Misses Sandra Brown, Suzie Sullivan, Sandra Chappell and Janice Ford; and for other purposes.
WHEREAS, the Misses Sandra Brown, Suzie Sullivan, Sandra Chappell and Janice Ford were recently chosen to the 1973 Georgia Junior High All State Band and Orchestra; and
WHEREAS, such an honor is the result of much hard work and dedication; and
WHEREAS, these young ladies were all members of the Franklin County Junior High School Band; and
WHEREAS, by nature of their selection to this select Statewide group they have brought honor and recognition to their band, school and community; and

454

JOURNAL OF THE HOUSE,

WHEREAS, congratulations are in order not only for these four young musicians on their selection, but also for the entire Franklin County Junior High School Band and its director, Mr. Bill Martin.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Misses Sandra Brown, Suzie Sullivan, Sandra Chappell, and Janice Ford for their being named to the 1973 Georgia Junior High All State Band and Orchestra.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Miss Sandra Brown, Miss Suzie Sullivan, Miss Sandra Chappell, Miss Janice Ford and to the Franklin County Junior High School Band Director, Mr. Bill Martin.

HR 123. By Messrs. Egan of the 25th and Geisinger of the 44th:
A RESOLUTION
Commending the Honorable Richard M. Nixon; and for other pur poses.
WHEREAS, on January 20, 1973, the Honorable Richard M. Nixon will be inaugurated as 37th President of the United States of America;
and
WHEREAS, the people of the State of Georgia gave the Honorable Richard M. Nixon 75.2% of their votes in the 1972 presidential election;
and
WHEREAS, 881,496 Georgia citizens voted for the reelection of the Honorable Richard M. Nixon; and
WHEREAS, during his first term of office he has moved the nation forward in attempting to solve the many complex problems which confront our nations; and
WHEREAS, by their overwhelming support the people of the State of Georgia have expressed their conviction that continued progress will be made in finding solutions to these problems during the second term of office of the Honorable Richard M. Nixon as President of the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate the Honorable Richard M. Nixon on his inaugura tion as 37th President of the United States, and do hereby wish to

FRIDAY, JANUARY 19, 1973

455

extend to him their sincerest wishes for a successful second term as President of the United States.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Honorable Richard M. Nixon.

HR 125. By Messrs. Brown of the 89th, Smith of the 74th, Jessup of the 102nd and Adams of the 36th:
A RESOLUTION
Commending the law enforcement officers and the public for help ing to make Georgia's highways a safer place; and for other purposes.
WHEREAS, as of January 18, 1972, there had been 104 people killed on the streets and highways of the State of Georgia in 1972; and
WHEREAS, as of January 18, 1973, there have been only 36 people killed on the streets and highways within the State of Georgia during 1973; and
WHEREAS, this is a reduction of 68 fewer people killed during the first 18 days of 1973, as compared with the first 18 days of 1972;
and
WHEREAS, this impressive reduction in the number of traffic deaths is attributable to progressive safety legislation enacted by the General Assembly in previous years; and
WHEREAS, the publication in the news media of proposed safety legislation to be introduced this year has probably made the public more aware of defensive driving; and
WHEREAS, the Department of Public Safety, the law enforce ment officers of the State, Captain David Harris of the Georgia State Patrol, the Georgia Safety Council, Mr. Carlton Fisher, the coordinator of highway safety, and the various sheriffs, sheriffs' deputies and municipal traffic officers, judges, ordinaries and other officials are doing an outstanding job in enforcing the traffic laws in our State and the various municipalities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend the above named officials and the public at large for their efforts in making Georgia's highways, streets and roads a safer place.

456

JOURNAL OF THE HOUSE,

HR 126. By Messrs. Adams of the 36th, Larsen of the 27th, Ezzard of the 29th and others:

A RESOLUTION

Commending the Georgia Power Company and its employees; and for other purposes.

WHEREAS, on Sunday, January 7, 1973, the metropolitan Atlanta area was beseiged by severe weather conditions consisting of snow, sleet, ice and rain which crippled the metropolitan Atlanta area; and

WHEREAS, this severe storm caused tremendous damage to the electric distribution system of the Georgia Power Company; and

WHEREAS, 148,000 families in the metropolitan Atlanta area were left without electric service; and

WHEREAS, recognizing the plight of these families the employees of the Georgia Power Company worked around the clock to restore electric service as rapidly as possible, constantly enduring many hard ships, including the ice, the potential danger from fallen electrical wires, broken limbs, traffic hazards and a lack of adequate rest; and

WHEREAS, employees of other electric companies throughout the South left their homes to work with the employees of the Georgia Power Company to restore electric service.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recognize and commend the Georgia Power Company, its employees and the employees of the many other electric companies throughout the South for their diligent efforts in restoring electric service to the metropolitan Atlanta area in the face of the many severe hardships caused by the recent ice storm.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Georgia Power Company.

The following Resolutions of the Senate were read and adopted:

SR 37. By Senator Herndon of the 33rd:
A RESOLUTION
Expressing regrets at the passing of J. Sid Williams; and for other purposes.
WHEREAS, on November 22, 1972, the State lost one of its finest citizens in the untimely death of J. Sid Williams; and

FRIDAY, JANUARY 19, 1973

457

WHEREAS, he was owner and publisher of the Austell EnterpriseSweetwater News, and published the Smyrna Herald, Acworth Progress, Payette County News, DeKalb Record and Polk County Times at one time; and

WHEREAS, he was the Secretary-Manager of the Georgia Press Association from 1943 through 1947; and

WHEREAS, he had a keen interest in politics and through his weekly column "Politics on Parade" he proved himself to be one of the most respected political analysts in the State; and

WHEREAS, he actively participated in the civic affairs of his community; and

WHEREAS, he was instrumental in securing natural gas for the City of Austell, and bringing Cobb General Hospital to his area of Cobb County; and

WHEREAS, he was a deeply religious man and gave much of his time and effort to the Austell First Methodist Church; and

WHEREAS, the State of Georgia is saddened at the loss of this most colorful Georgian and newspaperman.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby express its deepest and most sincere regrets at the passing of J. Sid Williams.

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 family of J. Sid Williams, and another copy of this Resolution to Mrs. Rosa Smith of The Austell Enterprise.

SR 38. By Senator Henderson of the 33rd:
A RESOLUTION
Expressing regrets at the passing of the Honorable James V. Carmichael; and for other purposes.
WHEREAS, on November 28, 1972, the State of Georgia lost one of its most distinguished citizens with the death of the Honorable James V. Carmichael; and
WHEREAS, he was a great leader in the aerospace industry in general, government, law and the arts; and
WHEREAS, as a young county attorney of Cobb County he was instrumental in bringing Bell Aircraft Corporation to Marietta; and

458

JOURNAL OF THE HOUSE,

WHEREAS, he helped manage the Bell plant when it led the manufacture of B-29's for World War II, and helped Lockheed re-open the plant in 1950 to modify B-29's and build B-47's for the Korean War; and

WHEREAS, he represented Cobb County in the Georgia General Assembly from 1935 through 1938 and was named Executive Director of the State Revenue Department in 1943; and

WHEREAS, he achieved national prominence in 1946 when he won the popular vote for Governor of Georgia by receiving the largest number of votes ever cast for a candidate for governor at that time, but lost under the County Unit System; and

WHEREAS, he attended the Marietta public schools, was graduated from Emory University School of Law in 1933, and continued his interest in education in later life by serving as the Seventh District Representative on the State Board of Regents; and

WHEREAS, he was an ardent booster of the arts, and served as the first president of the new Atlanta Arts Alliance; and

WHEREAS, he was recognized in 1965 for his outstanding contribu tions to the State of Georgia by being presented the fourth annual Georgia Medal for Distinguished Public Service; and

WHEREAS, his accomplishments are even more amazing when it is recognized that at age 16 he was struck by a car and as a result went through his adult life on crutches and was later confined to a wheelchair; and

WHEREAS, the New York Times acknowledged this outstanding example of overcoming youthful adversity to become a leader of men by saying: "Resourcefulness is the trade-mark of Jimmie Carmichael. He has been able to get the most out of both himself and other people."

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby express their deepest regrets at the passing of Honorable James V. Carmichael, and extend their heartfelt sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit an appropriate copy of this Resolution to the family of the Honorable James V. Carmichael.

Mr. Petro of the 46th arose to a point of personal privilege and addressed the House.

Mr. McKinney of the 35th arose to a point of personal privilege and addressed the House.

FRIDAY, JANUARY 19, 1973

459

Mr. Busbee of the 114th arose to a point of personal privilege and addressed the House.

Mr. Connell of the 80th moved that the House do now adjourn until 10:00 o'clock, Monday morning, February 12, 1973, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, Monday morning, February 12, 1973.

460

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 12, 1973

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. Jon A. Pirtle, Pastor, New Hope Baptist Church, Atlanta, Georgia.

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

Mr. Mauldin of the 13th, Chairman of the Committee on 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 454. By Messrs. Buck of the 87th, Berry of the 86th, Adams of the 84th, Thompson of the 86th and Pearce of the 87th:
A Bill to be entitled an Act to further define and prescribe the powers

MONDAY, FEBRUARY 12, 1973

461

and duties of the Columbus Airport Commission and the exercises there of and to enlarge same; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to be entitled an Act to provide for the licensing of transient merchants; to provide for the procedures therefor; and for other purposes.
Referred to the Committee on Industry.

HB 456. By Messrs. Roach of the 8th and Morgan of the 70th:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds that are sufficient to authorize the granting of a total divorce, so as to provide for an additional ground; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 457. By Messrs. Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 458. By Messrs. Nessmith and Lane of the 76th:
A Bill to be entitled an Act to amend Code Section 26-2901, relating to carrying a concealed weapon, so as to change the description of a concealed weapon; and for other purposes.
Referred to the Committee on Judiciary.

HB 459. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for service upon a nonresident party by registered mail; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 460. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend the Motor Vehicle Sales Finance Act, so as to change the provision relative to penalties for violations of the Act or sections thereof; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 461. By Messrs. Matthews and Collins of the 122nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Riverside, so as to change the maximum amount of ad valorem taxation which the mayor and aldermen may levy and collect; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 462. By Messrs. McCracken of the 77th, Sams of the 83rd, Miles of the 79th, Dent of the 78th, Mulherin of the 81st, Lewis of the 77th, Beckham of the 82nd and Connell of the 80th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to the qualifications of applicants for the admission to the practice of law, so as to provide certain exceptions and exemptions for the educational requirements prescribed for the admission to the practice of laws; and for other purposes.
Referred to the Committee on Judiciary.

HB 463. By Messrs. Berlin and Dickey of the 89th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to operate any vehicle on the public highways while transporting a load of gravel or similar substance which may be dislodg'ed from such vehicle, unless the load is covered or enclosed so as to prevent dislodging; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 464. By Messrs. Savage of the 30th and Brown of the 67th:
A Bill to be entitled an Act to amend Code Chapter 88-26, relating to water quality control, so as to require a municipality to remove all fluoride from its water supplies if the people of such municipality voting in a referendum choose to not have fluoridation of their potable public water supplies; and for other purposes.
Referred to the Committee on Health and Ecology.

MONDAY, FEBRUARY 12, 1973

463

HB 465. By Mr. Levitas of the 50th:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to change the number of strikes allowed the defendant and prosecuition in selecting juries for the trial of misdemeanor and felony cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 471. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to authorize the Department of Administra tive Services to formulate and implement a plan for a Statewide Tele communications system to serve State Government; to provide for legislative intent; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 472. By Messrs. McKinney of the 35th and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Geor gia Health Code", so as to provide for the public health regulation of confined animal facilities; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 473. By Mr. McKinney of the 35th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend the Criminal Code of Georgia to make the crime of carrying a pistol or revolver without a license a felony and to increase the punishment upon conviction of such crime; and for other purposes.
Referred to the Committee on Judiciary.

HB 474. By Mr. McKinney of the 35th, Mrs. Clark of the 55th, Messrs. Marcus of the 26th, Daugherty of the 33rd, Shepherd of the 28th, Bond of the 32nd and Brown of the 34th:
A Bill to be entitled an Act to provide for a lunch period for teachers; and for other purposes.
Referred to the Committee on Education.

HB 475. By Mr. McKinney of the 35th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to provide for the improvement of the quality of education offered in Georgia's public schools; and for other purposes.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

HB 476. By Messrs. Ezzard of the 29th and Savage of the 30th:
A Bill to be entitled an Act to permit housing authorities and local governing authorities exercising redevelopment powers to acquire vacant land outside an urban redevelopment area for construction of replace ment housing for persons displaced within the redevelopment area; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 477. By Messrs. Wilson and Atherton of the 19th, Nix and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to provide for an additional judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 478. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend Code Section 68-1001, relating to the negotiation of reciprocal agreements between the state concerning motor vehicles, so as to authorize the Governor or his designees to enter into agreements with representatives of other jurisdictions relating to the registration of commercial vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 479. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st, Messrs. Brown of the 34th, Hawes of the 43rd and Larsen of the 27th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to change the compulsory school attendance age in certain school systems of this State; and for other purposes.
Referred to the Committee on Education.
HB 480. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st, Messrs. Brown of the 34th, Hawes of the 43rd and Larsen of the 27th:
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 schools to require the State Board of Education to make state funds available to all local units of administration for the operation of public schools on a year-round basis; and for other purposes.
Referred to the Committee on Education.

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465

HR 127-480. By Messrs. Johnson, Lee, Northcutt and Bailey of the 68th, Tucker of the 69th, Brantley of the 92nd, Wheeler of the 13th, Ware of the 65th, Atherton of the 19th, Berlin of the 89th and others:
A Resolution to create the "Constitution Revision Commission; and for other purposes.
Referred to the Committee on State of Republic.

HR 128-480. By Messrs. Ezzard of the 29th and Savage of the 30th:
A Resolution proposing an amendment t" the Constitution so as to permit housing authorities and local governing authorities exercising redevelopment powers to acquire vacant land outside an urban redevelop ment area for construction of replacement housing- for persons dis placed within the redevelopment area; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 129-480. By Mr. Lewis of the 77th:
A Resolution compensating Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia; and for other purposes.
Referred to the Committee on Appropriations.

HR 130-480. By Mr. McKinney of the 35th:
A Resolution proposing an amendment to the Constitution so as to au thorize municipalities of over 400,000; population to require demolition of certain uninhabitable structures under the Housing Code; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 131-480. By Mr. Bray of the 66th:
A Resolution compensating Mr. Martin Sterling Smith; and for other purposes.
Referred to the Committee on Appropriations.

HR 132-480. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamil ton of the 31st, Messrs. Brown of the 34th, Larsen of the 27th and Egan of the 25th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Atlanta, to execute leases for land, buildings or facilities used for school or education

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JOURNAL OF THE HOUSE,

purposes, for a term of up to 20 years without a referendum or election and without compliance with any other provisions of this Constitution or of any law of this State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 133-480. By Mr. Alexander of the 39th, Mrs. Hamilton of the 31st, Messrs. Brown of the 34th, Hawes of the 43rd and Larsen of the 27th:
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 School Superintendent by said Board of Education without the necessity of a referendum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 481. By Mr. Alexander of the 39th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta so as to create the "Atlanta Housing Finance and Development Authority Act"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 482. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to repeal the provisions relating to the preparation of maps and surveys; to repeal the provisions relating to the filing and indexing of maps and plats and fees therefor; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 483. By Mr. Dean of the 54th:
A Bill to be entitled an Act to amend an Act establishing a division within the State Department of Education to be known as the Division of Vocational Education Service, so as to provide that the Board shall be authorized to contract with private schools when such courses are not offered by any public school; and for other purposes.
Referred to the Committee on Education.

HB 484. By Mr. Ross of the 72nd: A Bill to be entitled an Act to amend an Act placing certain of the

MONDAY, FEBRUARY 12, 1973

46T

county officers of Wilkes County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 485. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to provide that neither DeKalb County nor any incorporated municipality located wholly within DeKalb County shall require any person employed by the county or any such munici pality in the capacity of a fireman, to be on duty for more than 56 hours per week; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 486. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, so as to change the compensation provisions relating to deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 487. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Montgomery County, so as to repeal Section 16A of said Act authorizing the Board of Commissioners to pay an annual salary to the assistant to the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 488. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to change the number of members of the Montgomery County Board of Education from five to seven; to provide that the additional two members shall be members at large; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 489. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act creating the office of tax

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JOURNAL OF THE HOUSE,

commissioner of Montgomery County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 490. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of tax commissioner, tax receiver and county treasurer of Wheeler County, so as to change the provisions relative to the com pensation of the county treasurer of Wheeler County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 491. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to provide for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 492. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Soperton, 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 493. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to provide for the yearly compensation for the Ordinary of Treutlen County, in addition to fees which he now receives; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 494. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system, so as to change the compensation of the sheriff and his deputy; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, FEBRUARY 12, 1973

469

HB 495. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Stephens County, so as to change the provision relative to the compensation of the employees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 496. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provision relative to the compensation of deputies and the secretary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 497. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Stephens County on an annual salary, so as to change the provisions relative to the compensation of the Clerk appointed by the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 498. By Messrs. Egan of the 25th, Greer of the 43rd and Irvin of the 23rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, so as to change the composition of said Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 499. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lincolnton, so as to change the qualifications of mayor and councilman; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 500. By Mr. Lane of the 40th: A Bill to be entitled an Act to amend an Act establishing a Charter for

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JOURNAL OF THE HOUSE,

the City of East Point, relating to the salaries of Mayor and Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 501. By Mr. Shanahan of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Gordon County, so as to provide that the clerk of the commissioner shall be appointed by the commissioner and shall serve at the pleasure of the commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 502. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Mansfield, so as to provide for councilmen to receive a fee for attending meetings; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 503. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the mayor and councilmen of the municipality of Porterdale, so as to change the compensation of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 134-503. By Mr. Lewis of the 77th:
A Resolution compensating Mr. G. Frank Agerton, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 135-503. By Mr. Greer of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide that each county or groupi of counties shall have legislative power to establish a commission with the authority to protect the rivers and flowing streams within said county or group of counties; and for other purposes.
Referred to the Committee on Natural Resources.

MONDAY, FEBRUARY 12, 1973

471

HB 504. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Chapter 88-19, relating to the regulation of hospitals and related institutions, so as to provide in order to insure the economical and orderly development of hospitals so that no such institution shall be constructed or operated unless there has been issued to it a Certificate of Need; and for other purposes.
Referred to the Committee on Health and Ecology.

HR 136-504. By Mr. Smith of the 42nd:
A Resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from taxation to resident homeowners in the City of Palmetto; to provide that residents of said city who are 65 years of age and who have an income not exceeding $4,000 shall be granted an exemption of $4,000 on their homestead from all ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HR 137-504. By Mr. Smith of the 42nd: A Resolution compensating Mr. Doyal H. Long; and for other purposes.
Referred to the Committee on Appropriations.

HB 505. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to amend the "Georgia Public Assistance Act of 1965", so as to provide criminal penalties for fraud in obtaining food stamps and medical assistance (medicaid) ; and for other purposes.
Referred to the Committee on Human Relations.

HB 506. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to provide that the parents may voluntarily consent to the adoption of their child; and for other purposes.
Referred to the Committee on Human Relations.

HB 507. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to provide protective and supportive services for adults; and for other purposes.
Referred to the Committee on Human Relations.

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JOURNAL OF THE HOUSE,

HB 508. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to provide a comprehensive program for the licensing and regulation of out-of-home child care facilities; and for other purposes.
Referred to the Committee on Human Relations.

HB 509. By Mr. Daugherty of the 33rd:
A Bill to be entitled an Act to amend Code Section 23-1705(3), so as to increase from $1,000 to $5,000 the contract price below which public works contractors need not post payment and performance bonds; and for other purposes.
Referred to the Committee on Industry.

HR 138-509. By Mr. Strickland of the 116th: A Resolution compensating Mrs. Lucille Hall Carter; and for other pur poses.
Referred to the Committee on Appropriations.
HR 139-509. By Messrs. Lane of the 40th, Hudson of the 115th and Grantham of the 127th: A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of each independent school district who is 62 years of age or older 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 in behalf of such system; and for other purposes.
Referred to the Committee on Ways and Means.
HB 510. By Messrs. Wheeler and Grantham of the 127th: 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 compensa tion, so as to change the minimum annual salary of the sheriff; and for other purposes.
Refei'red to the Committee on State Planning & Community Affairs--Local Legislation.

HB 511. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Bacon County, so as to provide for a change in the

MONDAY, FEBRUARY 12, 1973

473

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 512. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner so as to authorize the tax commissioner to employ parttime personnel with the approval of the governing authority of Bacon County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 513. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to authorize the Ordinary of Bacon County to appoint a full-time secretary with the approval of a majority of the governing authority of Bacon County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 514. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Bacon County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 515. By Messrs. Rush of the 104th and Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Tattnall County, so as to change the compensation of the chairman and members of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 516. By Messrs. Rush of the 104th and Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to change the compensation of the chairman and members of the Board of Educa tion and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 517. By Messrs. Rush of the 104th and Brantley of the 92nd:
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 salary of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 518. By Messrs. Rush of the 104th and Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 519. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Burke County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 520. By Messrs. Mullinax of the 65th, Patten of the 123rd, Lewis of the 77th, Castleberry of the 96th, Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend Code Section 47-1002, relating to the registration of attorneys and agents of parties interested in legisla tion, so as to change the registration fee; and for other purposes.
Referred to the Committee on Industry.

HB 521. By Mr. Carrell of the 71st:
A Bill to be entitled an Act to amend an Act creating the WalnutgroveYouth Water Authority, so as to correct a typographical error in Sec tion 3 (b) ; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 522. By Mr. Egan of the 25th: A Bill to be entitled an Act to repeal the charter and all amendatory Acts thereof except for the independent school system of the largest municipality of all counties having a population of 600,000 or more;

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475

to provide for a new form of county government in such counties; to create a governmental merger commission in such counties; to provide for the election of governmental officials of the county in such counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 523. By Messrs. Alexander of the 39th and Brown of the 34th:
A Bill to be entitled an Act to prohibit discrimination in housing accomodations based on race, color, sex, religion or national origin; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 524. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 525. By Mr. Irwin of the 113th:
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, and providing in lieu thereof an annual salary, 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 526. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Columbia County on an annual salary, so as to change the compensation of the clerk of the superior court and the sheriff of Columbia County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 527. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Columbia County, so as to change the compensation of the Chairman of said Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 528. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Columbia County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 529. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to provide that the salary of the Judges of the Superior Court of the Augusta Judicial Circuit shall be supple mented by payments to be made from the county treasury of Columbia County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 530. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior courts, so as to provide that it shall be the duty of the clerks of the superior courts to keep their offices open during normal business hours on Monday through Fridays; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 531. By Mr. Bostick of the 123rd: 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 munici palities 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.
HB 532. By Mr. Bostick of the 123rd: A Bill to be entitled an Act to provide for a board of elections in certain counties (population of not less than 27,000 and not more than 28,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 533. By Mr. Bostick of the 123rd: A Bill to be entitled an Act to regulate private employment agencies; and for other purposes.
Referred to the Committee on Industry.

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477

HB 534. By Mr. Egan of the 25th:
A Bill to be entitled an Act to provide that no person shall be required to disclose in any proceeding the source of any published or unpublished information obtained in the gathering, receiving or processing of in formation for any medium of communication to the public; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 535. By Mr. Brown of the 67th:
A Bill to be entitled an Act to create the Peachtree City Water Sewerage and Recreational Authority and to authorize such Authority to acquire and maintain projects embracing sources of water supply; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 140-535. By Mr. Greer of the 43rd:
A Resolution authorizing and directing the Georgia Building Authority to provide parking spaces for members of the General Assembly during periods when the legislature is not in session; and for other purposes.
Referred to the Committee on Rules.

HB 536. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as "The Lender Credit Card Act", so as to change the provisions relative to the method of computing the finance charge; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 141-536. By Messrs. Collins of the 45th, Ployd of the 5th, Geisinger of the 44th, Harris of the 8th, Collins of the 122nd, Howell of the 118th and Floyd of the 56th:
A Resolution proposing an amendment to the Constitution so as to pro vide for annual appropriations and prohibiting the appropriation of sums for 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 537. By Messrs. Collins and Matthews of the 122nd:
A Bill to be entitled an Act to amend an Act creating a new charter

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for the City of Camilla, so as to change the provisions relative to the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HE 538. By Messrs. Collins and Matthews of the 122nd:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla, so as to change the maximum salary to be paid to the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 539. By Mr. Buck of the 87th:
A Bill to be entitled an Act to amend an Act regulating driver training schools, so as to provide for an examination of driver training- school instructors as an alternative to the educational requirements set forth in said Act; and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the rules were suspended in order that the followingBills of the House could be introduced, read the first time and referred to the Committee on State Planning and Community Affairs - Local Legislation:

HB 544. By Messrs. Cole and Foster of the 6th:
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 compensation of the mayor and council; and for other purposes.

HB 545. By Messrs. Cole and Foster of the 6th:
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 compensation of the recorder of said City; and for other purposes.

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

MONDAY, FEBRUARY 12, 1973

479

HB 414. By Messrs. Jones of the 109th, Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th, Blackshear of the 106th and Chance of the 112th:
A Bill to be entitled an Act to amend an Act creating- a board of com missioners of Chatham County, so as to change the name of the com missioners of Chatham County and ex officio judges; and for other purposes.

HB 415. By Messrs. Brown of the 67th and Lowrey of the 15th:
A Bill to be entitled an Act to create the Georgia State Board of Barb ers ; and for other purposes.

HB 416. By Messrs. Davis of the 85th and Edwards of the 95th:
A Bill to be entitled an Act to amend "The Georgia Public Assistance Act of 1965", so as to provide for a reward to be paid to certain persons furnishing information leading to the removal of any person from the welfare rolls who is guilty of illegally receiving welfare payments; and for other purposes.

HB 417. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Chapter 79A-99, relating to punishment for certain drug offenses, so as to increase the maximum punishment for certain offenses; and for other purposes.

HB 418. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend an Act providing for the confisca tion and condemnation of certain vehicles and conveyances used in illegal trafficking of certain drugs, so as to provide that certain vehicles which are condemned for such illegal use may be ordered to be placed under the supervision and control of the Division of Investiga tion; and for other purposes.

HB 419. By Messrs. Williams, Wood and Whitmire of the 9th:
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 420. By Messrs. Berlin, Coney, Dickey, Brown and Evans of the 89th:
A Bill to be entitled an Act to require the State to reimburse municipali ties, counties, and public school systems for revenues lost from certain veterans' exemptions; and for other purposes.

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HB 421. By Mr. Wheeler of the 127th:
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 main tain preschool educational facilities; and for other purposes.

HB 422. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act providing a salary for the sheriff of Candler County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff, the sheriff's deputies, supplies and equipment; and for other purposes.

HB 423. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Candler County, so as to change the provisions relative to the compensation of the chairman and members of said board; and for other purposes.

HB 424. By Messrs. Miles of the 79th, Dent of the 78th, Connell of the 80th, Sams of the 83rd, Mulherin of the 81st and Beckham of the 82nd:
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 the requirement that such applications must be sworn to; and for other purposes.

HB 425. By Messrs. Brown, Berlin and Evans of the 89th:
A Bill to be entitled an Act to authorize the use of video recording equip ment for the purpose of recording and preserving testimony; and for other purposes.

HB 426. By Mr. Dean of the 54th:
A Bill to be entitled an Act to provide for minimum compensation for all employees of the State, or departments, agencies, boards, bureaus. commissions or authorities of the State; and for other purposes.

HB 427. By Messrs. Brantley of the 22nd, and Shanahan of the 7th:
A Bill to be entitled an Act to amend the "Fiduciary Investment Com pany Act", so as to permit and allow officers and directors of foreign trust institutions to serve as directors of fiduciary investment com panies; and for other purposes.

MONDAY, FEBRUARY 12, 1973

481

HB 428. By Messrs. Petro of the 46th, Horton of the 56th, Burton of the 47th and McKinney of the 35th:
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.

HB 429. By Messrs. Brown of the 34th, Patten of the 123rd, Russell of the 53rd, Bond of the 32nd, Mrs. Hamilton of the 31st, Messrs. Coney of the 89th, Horton of the 43rd, Blackshear of the 106th, Evans of the 89th, Atherton of the 19th and others:
A Bill to be entitled an Act to amend an Act creating the State Build ing Administrative Board, so as to provide that the supervisor of the State Office of Housing Section shall perform certain administrative duties for the Board; and for other purposes.

HB 430. By Messrs. Brown of the 34th, Patten of the 123rd, Russell of the 53rd, Bond of the 32nd, Blackshear of the 106th, Alexander of the 39th, Evans of the 89th, Coney of the 89th, Horton of the 43rd, Atherton of the 19th and others:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to create within the Division of Community Affairs of the Department of Community Development the State Office of Hous ing Section; and for other purposes.

HR 111-430. By Messrs. Shanahan of the 7th, Cole and Poster of the 6th, Roach of the 8th, Ross of the 72nd, Busbee of the 114th, Lambert of the 97th, Atherton of the 19th, Brown of the 67th, Burruss of the 21st and others:
A Resolution proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generat ing and distribution systems must participate in the election authoriz ing such actions; and for other purposes.
HR 112-430. By Messrs. Brown of the 34th, Alexander of the 38th, Hill of the 110th and Bond of the 32nd:
A Resolution proposing an amendment to the Constitution so as to allow revenue bond funding of public parking lots and public parking garages; and for other purposes.

HB 431. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize a reduction in pupil-teacher ratio in vocational programs and in grades four and

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five; to change the allotment of certificated professional supportive personnel; and for other purposes.

HB 432. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize local units of administration to accrue capital outlay funds from year to year in accordance with capital facility plans approved by the Board of Educa tion ; and for other purposes.

HB 435. By Messrs. Burruss of the 21st, Colwell of the 4th and Toles of the 16th:
A Bill to be entitled an Act to provide for the Department of Adminis trative 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.

HB 436. By Messrs. Burruss of the 21st, Colwell of the 4th and Toles of the 16th:
A Bill to be entitled an Act to establish a Statewide procedure for the information and coordination of a State and Federal surplus property program; to provide for the transfer and consolidation of existing Federal surplus property programs; and for other purposes.
HB 437. By Messrs. Burruss of the 21st, Colwell of the 4th and Toles of the 16th:
A Bill to be entitled an Act to amend an Act providing the procedures under which surplus State property shall be disposed of, so as to include Public Authorities within the authorization for transfer of surplus property by negotiated sale; and for other purposes.

HB 438. By Messrs. Bennett of the 124th, Patten of the 123rd, Burton of the 47th, Adams of the 36th, Hudson of the 116th and Grantham of the 127th:
A Bill to be entitled an Act to amend Code Section 34-401, relating to powers and duties of ordinaries in connection with primaries and elec tions, so as to change the provisions relating to the public announce ment of primary and election results; and for other purposes.

HB 439. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to provide for the establishment of minimum standards for budgeting, financial reporting and auditing for counties and municipalities of this State; and for other purposes.

MONDAY, FEBRUARY 12, 1973

483

HB 440. By Mr. Noble of the 48th:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to create the crime of improper advertising of goods; and for other purposes.

HB 441. By Messrs. Ware of the 65th, Wood of the 9th, Floyd of the 5th, Berlin of the 89th, Pearce of the 87th, Dean of the 17th, Berry of the 86th, Hays of the 1st, Lane of the 40th, Harris of the 51st, Ellis of the 107th, Dean of the 60th 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 Guard, so as to provide for the issuance of license plates free of charge to members of the National Guard; and for other purposes.

HB 442. By Messrs. Jones of the 109th, Alien of the 108th, Chance of the 112th, King of the 85th, Triplett of the lllth, Lowrey of the 15th, Rush of the 104th, Gignilliat of the 105th and McCracken of the 77th:
A Bill to be entitled an Act to provide that the governing authority of each county and the board of education of each school system shall be authorized to provide liability insurance to the members of such board; and for other purposes.

HB 443. By Mr. Stephens of the 37th:
A Bill to be entitled an Act to establish a framework of employeremployee relations by providing uniform and orderly methods for deal ings between employees and organizations thereof and employing public agencies; and for other purposes.

HB 444. By Messrs. Rainey of the 115th, Peters of the 2nd, Grahl of the 88th, Mullinax of the 65th, Stephens of the 37th, Grantham of the 127th and Hudson of the 115th:
A Bill to be entitled an Act to be known as the Georgia Animal Importa tion Act; and for other purposes.

HR 117-444. By Messrs. Bennett, Reaves and Patten of the 124th:
A Resolution designating a certain portion of Georgia Highway 122 as "The Sheriffs' Boys' Ranch Road"; and for other purposes.

HB 445. By Messrs. Lee of the 114th, Snow of the 1st, Harris of the 51st, Ben nett of the 124th, Tucker of the 69th and King of the 85th:
A Bill to be entitled an Act to improve the administration of criminal

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justice in this State; to create the District Attorneys Association as the Office of Prosecution Coordination; and for other purposes.

HB 446. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to affect counties of 300,000 and cities lo cated therein to change from 100 days to 180 days the time period now allowed a city to condemn or otherwise acquire street rights-of-way under the mapped streets plan; and for other purposes.

HB 447. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to authorize the governing authority of each municipality to allow bridges over, and tunnels under, any highway, street, road or public way within such municipality under certain condi tions to accommodate pedestrian traffic between private premises; and for other purposes.

HB 448. By Messrs, Snow of the 1st, Bennett of the 124th, Tucker of the 69th, King of the 85th, Hawes of the 43rd and Evans of the 89th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or facility under the jurisdiction and control of the Board; and for other purposes.

HB 449. By Messrs. Snow of the 1st, Bennett of the 124th, Tucker of the 69th, King of the 85th and Evans of the 89th:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide that certain personnel employed by the Board of Corrections, or the Department of Offender Rehabilitation, or any county correctional institution may be exempt from jury duty; and for other purposes.

HB 450. By Mr. Burton of the 47th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide minimum health and sanitation standards for the location and construction of individual water supply systems; and for other purposes.

HB 451. By Mr. Burton of the 47th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for public health regulation

MONDAY, FEBRUARY 12, 1973

485

of sources of emission of ambient noise detrimental to public health or to the enjoyment of life or property; and for other purposes.

HB 452. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to reincorporate the City of Jefferson in the County of Jackson; to create a new charter for said City; and for other purposes.

HB 453. By Messrs. Berlin, Coney, Dickey, Pinkston, Brown and Evans of the 89th:
A Bill to be entitled an Act to create the "Macon Transit Authority"; to prescribe the duties, powers, privileges, exemptions and immunities thereof; and for other purposes.

HB 466. By Messrs. Morgan of the 70th, Lambert of the 97th, Smith of the 74th, Lane and Nessmith of the 76th, Wood of the 9th, Brantley of the 92nd, Williams and Whitmire of the 9th, Cole of the 6th and others:
A Bill to be entitled an Act to make it unlawful to alter the suspension system of any private passenger motor vehicle; and for other purposes.

HB 467. By Messrs. Horton of the 43rd, Larsen of the 27th, Alexander of the 39th, Brantley of the 22nd, Brown of the 34th, Davis of the 56th, Geisinger of the 44th, Knight of the 65th, Lane of the 40th, Mulherin of the 81st, and Russell of the 53rd:
A Bill to be entitled an Act to provide for the protection and wise use of certain critical areas of this State; and for other purposes.

HB 468. By Messrs. Russell of the 62nd and Brown of the 67th: A Bill to be entitled an Act to amend Code Title 88, the Georgia Health Code, so as to provide for civil penalties; and for other purposes.
HB 469. By Mr. Russell of the 62nd: A Bill to be entitled an Act to amend Code Title 88, the "Georgia Health Code", so as to provide for the public health regulation of confined animal facilities; and for other purposes.
HB 470. By Messrs. Smith of the 91st, Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Connell of the 80th: A Bill to be entitled an Act to provide for tax relief; to provide for grants to counties; to provide for the method of allocation; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 23. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend Code Chapter 26-15, relating to criminal damage to property, so as to provide for the crime of criminal use of an article with an altered identification marks; and for other purposes.

SB 39. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pre-trial, trial and certain post trial procedures in civil cases, so as to provide that if both the plaintiff or plaintiffs and the defendant (s) agree execution may issue an enforcement proceedings may be taken at any time after entry; and for other purposes.

Mr. Brown of the 67th 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 156. Do Pass, as Amended.
HB 433. Do Pass.
HB 41. Do Pass.
HB 172. Do Pass, as Amended.
HB 372. Do Pass.
HB 415. Do Pass, as Amended.
Respectfully submitted, Brown of the 67th, 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

MONDAY, FEBRUARY 12, 1973

487

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

HB 12. Do Pass, by Substitute. HB 294. Do Pass. HB 158. Do Pass, as Amended.

HB 357. Do Pass.

HB 345. Do Pass. HB 445. Do Pass, as Amended. HB 448. Do Pass, as Amended. HB 410. Do Pass. HB 337. Do Pass.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Levitas of the 50th District, Chairman of the Committee on State Planning and Community Affairs, (Local Legislation) submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs (Local Legisla tion) 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 recom mendations :
HB 180. Do Pass.
HB 218. Do Pass.
HB 221. Do Pass.
HB 222. Do Pass.
HB 238. Do Pass.
HB 296. Do Pass.

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JOURNAL OF THE HOUSE,

HB 373. Do Pass.

HB 387. Do Pass.

HB 389. Do Pass.

HB 29. Do Pass.

HB 30. Do Pass.

HB 31. Do Pass.

HB 66. Do Pass.

HB 242. Do Pass.

HB 243. Do Pass.

HB 262. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

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

HB 29. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relative to the county 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 110, nays 0.

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

HB 30. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act providing an annual

MONDAY, FEBRUARY 12, 1973

489

salary for the Sheriff of Wheeler County in lieu of the fee system of compensation, so as to change the provisions relative to the salary of the sheriff; and for other purposes.

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

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

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

HB 31. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act providing for the yearly compensation for the Ordinary of Wheeler County, in addition to fees, so as to provide for a clerk for 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 66. By Messrs. Howell of the 118th, Hutchinson, Busbee, Lee and Odom of the 114th, and Irwin of the 113:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Calhoun County into the office of Tax Commissioner, so as to provide an annual salary for the Tax Commissioner of Calhoun County in lieu of the fee 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 110, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 180. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A Bill to be entitled an Act to provide for the number of members of the County Board of Education 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 110, nays 0.

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

HB 218. By Messrs. Snow and Hays of the 1st and Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the Dade County Water Authority, so as to change the name of the authority; to change the provisions relative to the appointment and terms of office of mem bers of the authority; and for other purposes.

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

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

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

HB 221. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to increase the qualifying fees of candidates for the offices of mayor and councilmen; and for other purposes.

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

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

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

MONDAY, FEBRUARY 12, 1973

491

HB 222. By Mr. Walker of the 100th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to provide that the mayor and councilmen shall be elected by a majority vote; and for other purposes.

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

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

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

HB 238. By Messrs. Odom, Busbee, Hutchinson and Lee of the 114th:
A Bill to be entitled an Act to create a new charter for the City of Leesburg, and to repeal and replace the charter provided by an Act establishing a new charter for the Town of Leesburg; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 242. By Messrs. Castleberry of the 96th and Edwards of the 95th: A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues in the County of Chattahoochee, and creating in lieu thereof a new board of commissioners of roads and revenues for said county, so as to change the compensation of the clerk of the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 243. By Messrs, Castleberry of the 96th and Edwards of the 95th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of Tax Com missioner of Chattahoochee County, so as to change the compensation 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 262. By Messrs. Cole and Foster of the 6th: A Bill to be entitled an Act to amend an Act amending an Act in corporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of said City, so as to correct certain inequities in the plan; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 296. By Mr. Morgan of the 70th: A Bill to be entitled an Act to authorize the Board of Commissioners of Newton County, to levy, assess and collect a license fee from any person, firm of corporation who maintain a place of business in any area outside the incorporated limits of municipalities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 12, 1973

493

HB 373. By Mr. Ross of the 72nd:
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 sale of a motor vehicle license and tag and 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 110, nays 0.

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

HB 387. By Messrs. Buck and Pearce of the 87th, Berry and Thompson of the 86th, Davis and King of the 85th and Adams of the 84th: A Bill to be entitled an Act to amend the Charter of Columbus to apply homestead exemptions to Urban Services District taxes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 389. By Messrs. Brown, Dickey, Berlin, Coney, Evans and Pinkston of the 89th and others: A Bill to be entitled an Act to provide that the salary of the District Attorney of the Macon Judicial Circuit shall be supplemented by pay ments to be made from the treasuries of Bibb, Peach, and Crawford Counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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JOURNAL OF THE HOUSE,

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 14. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 79A-99, relating to penalties for violat ing the criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to change the penalty for possession of one ounce or less of marijuana from imprison ment of one year to 12 months.

SB 20. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of limited--access highways in this State, so as to provide that the State Department of Transportation shall have the authority to lease air rights over existing or proposed limited-access highways.

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

SR 11. 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.

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

HB 3. By Mr. Davis of the 85th:
A Bill 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.

MONDAY, FEBRUARY 12, 1973

495

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

HB 14. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act providing for the registration of trade names, as amended, so as to exclude limited partnerships from its provisions.

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

SR 11. 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 Judiciary.

SB 14. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, so as to change the penalty for possession of one ounce or less of marijuana from imprisonment of one year to 12 months; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 20. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of limited-access highways in this State, so as to provide that the State Department of Transportation shall have the authority to lease air rights over existing or proposed limited-access highways; and for other purposes.
Referred to the Committee on State Institutions & Property.

Mr. Adams of the 9th arose to a point of personal privilege and addressed the House.

Mr. Brown of the 89th arose to a point of personal privilege and addressed the House.

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JOURNAL OF THE HOUSE,

By unanimous consent, the following Resolution of the House was with drawn from the General Calendar and recommitted to the Committee on Special Judiciary for further study:

HR 31-98. By Messrs. Roach of the 8th, Levitas of the 50th and Harris of the 51st:
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 all constitutional courts; and for other purposes.

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 54-161. By Messrs. Rush of the 104th, Strickland of the 116th and Phillips of the 103rd:
A Resolution renaming the "Piney Bluff Bridge" spanning the Altamaha River on U.S. Highway 1 between Lyons and Baxley, the "Joseph Simmons Alexander, Sr. Memorial Bridge"; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick

Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman

Coiling, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan

Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R.
Foster Fraser
Geisinger Gignilliat Grahl
Grantham Greer Groover Harden Harrington
Harris, J. F. Harris, J. R. Harrison
Hays Hill, B. L.
Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jones
Keyton
King Knight Kreeger

MONDAY, FEBRUARY 12, 1973

497

Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L.

Pinkston Rainey Ritchie Roach Rogers Ross Rush Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Brantley, H. L. Colwell Daugherty Ellis Hamilton Hawes

Jordan Larsen, W. W. Lewis Marcus Reaves

Russell, J. Russell, W. D.
Triplett Twiggs Mr. Speaker

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

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

498

JOURNAL OF THE HOUSE,

Messrs. Russell of the 53rd and Russell of the 62nd stated that they had been called from the floor of the of the House when the roll was called on the adop tion of HR 54-161, but had they been present would have voted "aye".

Mr. Lowrey of the 15th stated that due to mechanical failure his vote did not record. He wished to be recorded as voting "aye" on the adoption of HR 54-161.

HB 388. By Mr. Smith of the 91st:
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 the purchase outside this State of objects of art and other similar property by museums for display in such museums; and for other purposes.

The following amendment was read and adopted:
Mr. Smith of the 91st moves to amend HB 388 as follows:
Change the paragraph designation from (y) to (y.l) and change the language of said paragraph as follows:
"(y.l) The taxes levied by this Act shall not apply to the retail purchase, retail sale to, use, consumption, distribution, or storage within this State of objects of art and anthropological, archeological, geological, horticultural, and zoological objects or artifacts and other similar personal property by any museum for display or ex hibition in such museum, but only if such museum is open to the public and has been approved by the State Revenue Commissioner as an organization eligible to receive tax deductible contributions."

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Beckham Bennett, J. T. Berry Blackshear Bohannon

Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Buck
Burruss Burton
Busbee Carlisle
Carrell Castleberry Chance Clark Cole Coleman
Collins, S. Connell Davis, E. T. Dean, J. E.
Dean, N. Dent
Dickey Dixon Dollar
Dorminy Duke Egan Elliott
Ezzard Farrar Foster Geisinger Gignilliat Grantham Greer Groover Harden Harrington
Harris, J. R. Harrison Hawes
Hays Horton, G. T. Horton, W. L. Howard

MONDAY, FEBRUARY 12, 1973

499

Howell Hudson Hutchinson
Irvin, J. Irvin, R.
Irwin Jessup Johnson
Jones Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)
Levitas Logan Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney
Miles Milford
Morgan Moyer Mulherin Mullinax
Murphy Nessmith Nix Noble Northcutt Oxford
Patten, G. C.

Patterson
Peters Petro Phillips, G. S. Phillips, L. L.
Rainey Reaves Ritchie
Roach Rogers
Ross Russell, J.
Russell, W. D.
Sams Savage Shanahan
Shepherd Smith, J. R. Snow Stephens Strickland
Sweat Thomason Thompson
Toles Tucker Turner Vaughn
Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L.
Wood

Those voting in the negative were Messrs. :

Coney Davis, W.

Lee, W. S. Odom

Patten, R. L.

Those not voting were Messrs.:

Berlin Brown, S. P. Carr Collins, M.

Colwell Daugherty Dean Edwards

Ellis
Evans Floyd, J. H. Floyd, L. R.

500
Fraser Grahl Hamilton Harris Hill, B. L. Hill, G. Lambert

JOURNAL OF THE HOUSE,

Larsen, W. W. Lewis Lowrey Marcus Mason Pearce Pinkston

Rush Smith, V. B. Townsend Triplett Twiggs Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 5.

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

Mr. Lowrey of the 15th stated that due to mechanical failure his vote did not record. He wished to be recorded as voting "aye" on the passage of HB 388, as amended.

HB 83. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 4-2, relating to re lations between a principal and agent, so as to change the provisions relative to the termination and revocation of an agency relation; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 83 as follows:
By adding after the word "agent" in line 2 on page 5 the words "for not longer than twelve (12) months"
By adding at the end of subsection (c) on page 5 the following:
"The agent shall thereupon account to such personal repre sentative for his conduct of the principal's affairs."

The following amendment was read and adopted:
Mr. Harris of the 51st moves to amend HB 83 by striking from line 20 of page 2 the number "48" and inserting the number "50".

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

MONDAY, FEBRUARY 12, 1973

501

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, J. H. Adams, John
Adams, Marvin Alexander, W. H.
Alexander, W. M.
Alien, S. D. Atherton Bailey Beckham Bennett
Berlin Bostick Brantley, H. H.
Brown, B. D. Brown C. Brown, S. P.
Burruss Burton Busbee Carlisle Carr Carrell
Chance Collins, S. Coney Connell Daugherty Davis, E. T.
Davis, W. Dean, Gib
Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Ezzard
Farrar Geisinger

Gignilliat
Grahl Grantham
Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison
Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L.
Howard Hudson Hutchinson Irvin, J.
Irvin, R. Jessup Johnson Jones Jordan
Keyton King Knight Kreeger Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Miles Morgan Moyer

Mulherin Mullinax
Nix Noble Northcutt Odom Patten, G. C. Patten, R. L. Patterson
Peters Petro Phillips, G. S. Phillips, L. L. Rainey Ritchie
Roach Rogers Ross Rush Russell, W. D.
Sams Savage Shanahan
Shepherd Smith, J. R. Smith, V. B.
Snow Stephens Strickland Sweat Tucker Twiggs Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Bohannon
Bray Castleberry

Cole Foster Irwin

Lane, W. J. Larsen, G. K. Milford

502
Murphy Oxford

JOURNAL OF THE HOUSE,

Russell, J. Thompson

Turner Vaughn

Those not voting were Messrs.:

Berry Blackshear Bond Brantley, H. L. Buck Clark Coleman Collins, M. Col well Dean, J. E. Edwards Ellis Evans

Floyd, J. H. Floyd, L. R. Fraser Hamilton Hill, G. Howell Lambert Larsen, W. W. Levitas Lewis McCracken McDonald McKinney

Nessmith Pearce Pinkston
Reaves Thomason Toles Townsend Triplett Wamble Ware Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 127, nays 15.

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

HB 68. By Mr. Adams of the 14th:
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.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton

Bailey Beckham Bennett Bohannon Bostick Brantley, H. H. Bray

Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle

Carr Carrell
Castleberry Chance Coleman
Collins, S. Coney Connell
Daugherty Davis, E. T. Dean, Gib Dean, N. Dent
Dickey Dixon Dollar Dorminy
Egan Elliott
Ezzard Ployd, J. H. Foster Geisinger Gignilliat Grantham
Greer Hamilton
Harden Harrington Harris, J. P. Harris, J. R. Harrison
Hawes Hays Hill, B. L. Hill, G. Howell
Hudson Hutchinson
Irvin, J.

MONDAY, FEBRUARY 12, 1973

SOS

Irvin, R. Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson

Peters Petro Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Tucker Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting to the negative were Messrs.;

Clark

Colwell

Those not voting were Messrs.:

Alexander, W. H. Berlin Berry Blackshear Bond Brantley, H. L.

Brown, B. D. Cole Collins, M. Davis, W. Dean, J. E. Duke

Edwards Ellis Evans Farrar Floyd, L. R. Fraser

504
Grahl Groover Horton, G. T. Horton, W. L. Howard Larsen, W. W. Lee, W. S.

JOURNAL OF THE HOUSE,

Levitas Lewis McCracken McKinney Nessmith Pearce Phillips, G. S.

Reaves Thomason Townsend Triplett Turner Willis Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 2.

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

Mr. Berlin of the 89th stated that he had been called from the floor of the House when the roll was called on the passage of HB 68. Had he been present, he would have voted "aye".

SR 9. By Senator Kidd of the 25th:
A Resolution transfering control and jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract to Baldwin County and the City of Milledgeville; and for other purposes.

The following amendment was read and adopted:

Mr. Harrington of the 93rd moves to amend SR 9 as follows: By striking from lines 4 and 5 of page 1, the following: "Baldwin County and the City of Milledgeville",
and substituting in lieu thereof, the following: "the Milledgeville--Baldwin County Recreation Commission",
By striking from lines 22 and 23 of page 2, the following: "Baldwin County and the City of Milledgeville",
and substituting in lieu thereof, the following: "the Milledgeville--Baldwin Recreation Commission",
By striking from lines 24 and 25 of page 2, the following:

MONDAY, FEBRUARY 12, 1973

505

"through the Milledgeville and Baldwin County Recreation Com mission",

By striking from line 1 of page 3, the following:

"Baldwin County and the City of Milledgeville",

and substituting in lieu thereof, the following:

"the Milledgeville--Baldwin County Recreation Commission",

By striking from line 3 of page 3, the following:

", the governing authority of Baldwin County,",

By striking from line 4 of page 3, the following:

"the governing authority of the City of Milledgeville"

and substituting in lieu thereof, the following:

"the Milledgeville--Baldwin County Recreation Commission",

By striking from lines 6 and 7 of page 3, the following:

"Baldwin County and the City of Milledgeville",

"the Milledgeville--Baldwin County Recreation Commission and",

By striking from lines 7 and 8 of page 3, the following:

"the Milledgeville and Baldwin County Recreation Commission",

and by substituting in lieu thereof, the following: "such".

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 eal! was ordered and the vote was as follows:

506

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 Bailey Beckham Bennett Berlin Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Castleberry Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Elliott Evans Ezzard Ployd, J. H. Poster

Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. P. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy

Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. D. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Berry Bohannon

Brantley, H. L. Buck Carrell

Chance Colwell Dean, J. E.

MONDAY, FEBRUARY 12, 1973

507

Edwards Egan Ellis Farrar Floyd, L. R. Fraser Groover Hill, B. L. Horton, W. L. Howell

Irvin King Larsen, G. K. Larsen, W. W. Levitas Lewis Lewis Lowrey McCracken Nessmith

Patten, G. C. Pearce Phillips, G. S. Russell, J. Townsend Triplett
Twiggs
Willis Mr. Speaker

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 160. By Messrs. Kreeger and Burruss of the 21st and Duke of the 20th:
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 provide for the payment of refunds to certain taxpayers or county tax officials under certain cir cumstances; and for other purposes.

The following amendment was read and adopted:
Mr. Burruss of the 21st moves to amend HB 160 by deleting from lines 9 and 10, page 2, the following words, "to county tax commissioners or county tax collectors".

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 Bailey

Beckham Bennett Berlin Blackshear
Bohannon Bond
Bostick Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C.
Brown, S. P. Burruss
Burton Busbee

508
Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Evans Farrar Floyd, J. H. Foster Geisinger Gignilliat Grahl Greer Groover Harden Harrington Harris, J. P. Harris, J. B. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L.

JOURNAL OF THE HOUSE,

Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Oxford Patten, G. C.

Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. T. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Berry Buck Coleman Collins, M. Colwell Davis, W. Edwards Elliott Ellis Ezzard

Floyd, L. R. Fraser Grantham Hamilton
Hill, B. L. King Larsen, W. W. Levitas Lewis McCracken Miles

Noble Northcutt Pearce Phillips, G. S. Russell, J. Thomason Townsend Triplett Wheeler, Bobby Willis Mr. Speaker

MONDAY, FEBRUARY 12, 1973

509

On the passage of the Bill, as amended, the ayes were 147, nays 0.

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

HB 98. By Messrs. Hutchinson of the 114th, Cole of the 6th, Milford of the 13th and others :
A Bill to be entitled an Act to amend an Act providing how motorcycles shall be operated, so as to require that the headlights and rear lights oi motorcycles shall be ignited during all hours of operation upon the public roads of this State; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 98 as follows:
By adding in the title on line 8, between the words and symbol "State;" and the word "to", the following:
"to provide a penalty;".
By renumbering Section 2 as Section 3 and adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by strking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
'Section 4. (a) Any person who shall violate the provisions of subsection (e) of Section 1 shall be fined not more than $10 for each such violation.
(b) Any person who shall violate any other provision of this Act or any rule or regulation promulgated by the Director shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.'"

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:

510

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 Bailey Beckham Bennett Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Chance Clark Cole Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dollar
Dorminy
Duke
Farrar
Floyd, J. H.
Foster
Geisinger
Grantham

Groover Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell McDonald McKinney Miles Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith
Nix

Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Bohannon Dean Harrington

Irvin, R. Lee, W. S.

Odom Mauldin

MONDAY, FEBRUARY 12, 1973

511

Those not voting were Messrs.:

Adams, J. H. Berlin Berry Buck Carrell Castleberry Coleman Collins, M. Colwell Coney Edwards Egan Elliott

Eliis Evans Ezzard Floyd, L. R. Eraser Gignilliat Grahl Hamilton Hill, B. L. Howell King Larsen, W. W. Levitas

Lewis McCracken Noble Pearce Phillips, G. S. Shepherd Smith, V. B. Townsend Triplett Vaughn Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 135, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 79. By Messrs. Rush of the 104th and Jones of the 109th:
A Bill to be entitled an Act to provide minimum standards for detention facilities within this State; and for other purposes.

Mr. Hudson of the 115th moved that HB 79 be recommitted to the Committee on State Institutions and Property for further study.
On the motion, the ayes were 57, nays 51.
The motion prevailed and HB 79 was recommitted to the Committee on State Institutions and Property.

HB 364. By Farrar of the 52nd:
A Bill to be entitled an Act to amend Code Section 32-911, relating to the immunization of school children prior to their admission to public schools, so as to provide for a certain period of time within which a parent or guardian of a school child and school officials may secure the required immunization without violating the provisions of said Section; and for other purposes.

The following Committee substitute was read and adopted:

512

JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to amend Code Section 32-911, relating to the immunization of school children prior to their admission to public schools, as amended, particularly by an Act which became law without the approval of the Governor (Ga. Laws 1968, p. 1436), so as to provide for a certain period of time within which a parent or guardian of a school child and school officials may secure the required immunization without violating the provisions of said Section; to redefine exemptions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 32-911, relating to the immunization of school children prior to their admission to public schools, as amended, particularly by an Act which became law without the approval of the Governor (Ga. Laws 1968, p. 1436), is hereby amended by deleting in its entirety subsection (c) and substituting in lieu thereof a new subsection (e) to read as follows:

"(c) Any school official permitting any child to remain enrolled in any public school for a period in excess of 120 days in violation of this Section and any parent or guardian of any child who shall fail to comply with the provisions of this Section within 120 days of the date the child shall first be admitted to any public school shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."

Section 2. Said Code Section is further amended by deleting in its entirety subsection (e) and substituting in lieu thereof a new subsection (e) to read as follows:

"(e) The provisions of this section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious beliefs of said parent or guardian, provided that immunization may be required in these cases when such disease is in epidemic stages. To comply with the requirements of this subsection, the parent or guardian must fur nish the school an affidavit in which said parent or guardian swears under oath that the immunization required by this Chapter conflicts with the religious beliefs of said parent or guardian."

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 by substitute, was agreed to.

MONDAY, FEBRUARY 12, 1973

513

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. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell
Davis, E. T.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Egan
Elliott

Ellis Ezzard Farrar Floyd, J. H. Geisinger Gignilliat Grahl Greer Groover Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.
Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McDonald
McKinney
Miles
Milford
Morgan
Moyer

Mulherin Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Turner Twiggs Vaughn
Waddle
Walker
Wall
Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson, J. M.
Wood

514

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Aleaxnder, W. H. Brantley, H. L. Brown, C. Daugherty Davis, W. Edwards Evans Floyd, L. R. Foster Fraser Hamilton Harrington

Hill, B. L. Hill, G. Irvin, R. Irwin, J. R. Jordan King Le vitas Lewis Matthews, D. R. McCracken McDaniell Mullinax Murphy Patten, G. C.

Pearce Phillips, G. S. Reaves Ross Smith, J. R. Townsend Triplett Tucker Ware Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 104-376. By Messrs. Colwell and Twiggs of the 4th, Ritchie of the llth and Irvin of the 10th:
A Resolution authorizing and directing the State Department of Trans portation to erect an appropriate marker along the Richard B. Russell Scenic Highway near Hog Pen Gap in memory of the late James P. Davidson; and for other purposes.

Mr. Stephens of the 37th stated that he had been called from the floor of the House when the roll was called on the passage of HR 104-374, but had he been present would have voted "aye".

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H.

Alien Atherton Bailey

Bennett Berlin Berry

MONDAY, FEBRUARY 12, 1973

515

Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, E. T. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Egan Elliott Ellis Ezzard Floyd, J. H. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden

Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R.
Jessup Johnson Jones Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin, A. T. McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix

Noble Northcutt Odom Oxford Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Strickland Sweat Thompson Toles Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. M. Beckham Blackshear Carlisle Collins, M.

Daughtery Davis, W. Dean, N. Dollar
Edwards Evans Farrar

Floyd, L. R. Fraser Hamilton
Hill, B. L. Irvin Jordan Keyton

516
King Lewis McCracken McDonald Murphy Patten, G. C.

JOURNAL OF THE HOUSE,

Pearce Phillips, G. S. Stephens Thomason Townsend

Triplett Vaughn Willis Wilson, M. L. Mr. Speaker

On the adoption of the Resolution, the ayes were 143, nays 0.

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

The following Resolution of the House was read and adopted:

HR 148. By Messrs. Jones of the 109th, Gignilliat of the 105th, Chance of the 117th and others:
A RESOLUTION
Commending Dr. Henry L. Ashmore; and for other purposes.
WHEREAS, Dr. Henry L. Ashmore has served with distinction, dedication and outstanding ability as President of Armstrong State Col lege since 1964; and
WHEREAS, during the period of Dr. Ashmore's outstanding lead ership, Armstrong State College has grown from a student enrollment of approximately 500 to 3,012, the faculty has increased from 35 to 112, the budget of the college has increased from $485,000 to $2,700,000, and a new campus has been constructed, valued at over $10,000,000; and
WHEREAS, the college offered 5 majors in 1964 when Dr. Ashmore became President and now offers 36 majors, including graduate work; and
WHEREAS, Dr. Ashmore is known throughout the State as an outstanding citizen who is actively engaged in many community service projects, professional organizations and religious affairs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body hereby recognizes and commends Dr. Henry L. Ashmore for his many outstanding contributions to Arm strong State College.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Dr. Henry L. Ashmore.

MONDAY, FEBRUARY 12, 1973

517

The Speaker Pro Tern assumed the Chair.

The Speaker Pro Tern announced the House recessed until 2:00 P.M. AFTERNOON SESSION
The House was called to order by the Speaker Pro Tern.

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

HR 151. By Messrs. McKinney of the 35th and Clark of the 55th:
A RESOLUTION
Assigning a request to review and make more strict the criteria governing the issuance of licenses to carry pistols and revolvers; and for other purposes.
WHEREAS, the governing authority of the City of Atlanta has requested the General Assembly to review and make more strict the licensing criteria governing the issuance by the Ordinary of a license to carry a pistol or revolver, for the reason set out in the attached copy of such resolution; and
WHEREAS, it is noted that the present law does not generally permit a person holding such a license to carry such weapons concealed, with certain exceptions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representatives assign the request set forth in the attached resolution to the Judiciary Committee or such other committee as he deems appropriate to con sider and act upon the attached request and prepare such legislation as such committee deems appropriate in the premises.
DEPARTMENT OF CITY CLERK
STATE OF GEORGIA ) )
COUNTY OF FULTON)
CITY OF ATLANTA
I, J. J. Little, do hereby certify that I am the duly elected City Clerk of the City of Atlanta, Georgia, and as such am in charge of keeping the Minutes of the Board of Aldermen of the said City of Atlanta. I further certify that the attached is a true and correct copy

518

JOURNAL OF THE HOUSE,

of a Resolution Requesting The General Assembly To Review And Make More Strick The Criteria Governing Issuance Of Licenses To Carry Pistols, and For Other Reasons, Adopted by the Board of Aldermen December 4, 1972 and Approved by the Mayor December 8, 1972, all
as the same appears from the original which is of record and on file in my said office.

GIVEN under my hand and seal of office this 10th day of January, 1973.
J. J. Little
City Clerk

A RESOLUTION

BY THE MAYOR AND BOARD OF ALDERMEN
WHEREAS, present State law regulating the manner in which firearms may be bourne prohibits covert carrying of any firearm out side a person's home, motor vehicle or place of business, and prohibits open carrying of pistols and revolvers without a license; and
WHEREAS, it appears that many assaults, robberies, killings and violent crimes against the person are committed by individuals carrying handguns without licenses; and
WHEREAS, the present crime of carrying a pistol or revolver without a license is only punishable as a misdemeanor with a sentence of up to $1,000. or both; and
WHEREAS, the State law which provides the procedure whereby a person may obtain a license from the County Ordinary to carry a pistol or revolver openly outside his home, his motor vehicle or his place of business sets out only minimal and vague criteria to be satisfied by an applicant in that he need only be (1) at least 21 years of age; (2) mentally competent; (3) free from felony conviction for 10 years and from forceable misdemeanor conviction for 2 years; and
WHEREAS, the licensing criteria governing the issuance by the Ordinary of such a license appears inadequate to permit any determina tion of an applicant's need to carry a handgun, the public places xvhere the carrying of a handgun is necessary, the full criminal record of an applicant to include arrests and dispositions other than conviction and like consideration;
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF AT LANTA that the General Assembly of Georgia be and is hereby urged to consider and adopt laws changing the degree of criminality of a conviction for carrying a pistol or revolver from a misdemeanor to a felony with an appropriate increase in the severity or punishment and consider and strengthen the criteria governing the issuance of a license to carry a handgun.

MONDAY, FEBRUARY 12, 1973

519

Mr. Toles of the 16th arose to a point of personal privilege and addressed the House, after which the House arose for a moment of silent prayer of thanks giving for the release of the American Prisoners of War this week in Viet Nam.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 274. By Messrs. Lowrey of the 15th, Toles of the 16th and Adams of the 14th: A Bill to be entitled an Act to amend an Act authorizing counties to establish and maintain law libraries, so as to provide for the imposition and collection of costs in civil or criminal cases filed in the Courts of Ordinary for the purpose of establishing and maintaining law libraries; and for other purposes.
The following Committee amendment was read and withdrawn by unanimous consent:
The Committee on Special Judiciary moves to amend HB 274 as follows:
By striking from line 4 of page 1 the following: "in civil and criminal cases filed",
and inserting in lieu thereof the folliwng: "in traffic cases tried".
By striking from Section 1 on line 27 of page 1 the following: "superior and state courts and courts of ordinary",
and inserting in lieu thereof the following: "superior courts and state courts, and in traffic cases tried in
the courts of ordinary".
The following floor substitute, offered by Mr. Harris of the 61st, was read and adopted:
A BILL
To be entitled an Act to amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), so as to clarify the provisions relating to Treasurer of the Board of Trustees; to include traffic cases tried in the Court of Ordinary within the provisions of said Act; to authorize the use of funds to pay for the services of a librarian; to repeal conflicting laws; and for other purposes.

520

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), is hereby amended by striking the last sentence from Section 1, so that when so amended Section 1 shall read as follows:

"Section 1. There is hereby created in each county in Georgia a board to be known as the Board of Trustees of the County Law Library, and hereafter referred to as the Board. Said Board shall consist of the senior judge of the Superior Court of the circuit in which said county is located, the ordinary, the senior judge of the State Court, if any, and two practicing attorneys of said county. Said practicing attorneys shall be selected by the other trustees and serve at their pleasure. All of said trustees shall serve without pay. The senior judge of the superior court shall be chairman of said Board and a majority of the members of said Board shall constitute a quorum for the purpose of transacting all business that may come before the Board."

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:

"Section 2. There is hereby created an office to be known as secretary-treasurer of the Board of Trustees of the County Law Library in each such county, who shall be selected and appointed by the Board, and he shall serve at the pleasure of the Board. Such person shall perform the duties provided for the treasurer in this Act. The Board of Trustees may designate the ordinary or a deputy clerk of superior court of each such county to act as librarian and any such official shall not receive any additional compensation for the performance of such duties. The Board, however, in its discretion, may designate some other person to act as librarian and fix the compensation for such person."

Section 3. Said Act is further amended by adding after the word "Courts" in the first sentence of Section 6 the words "and in the Court of Ordinary", so that when so amended Section 6 shall read as follows:

"Section 6. For the purpose of providing funds for the pur pose of purchasing law books, reports, texts and periodicals for such library, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each suit, action or case,
either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by per sonal representatives for leave to sell or reinvest, trade name regis trations, applications for change of name, and all other proceedings
of civil or criminal or quasi-criminal nature, filed in the Superior and State Courts and in traffic cases tried in the Court of Ordinary, in and for said counties. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the senior judge of the Superior Court of the circuit in which such county is located. Such additional costs shall not be charged and

MONDAY, FEBRUARY 12, 1973

521

collected unless said senior judge shall first determine that a need exists for a law library in such county. The clerks of each and every such court in such counties in which such a law library shall be established shall collect such fees and remit same to the treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month. Where the costs in criminal cases are not collected, the costs herein provided for shall be paid from the fines or forfeitures fund of such court in which the case in filed before any other disbursement or' distribution of such fines or forfeitures shall be made."

Section 4. Said Act is further amended by adding at the end of the first sentence of Section 7 the words "including the services of a librarian", so that when so amended Section 7 shall read as follows:

"Section 7. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein pro vided shall be used for the following purposes: The purchase of law books, reports, texts and periodicals, supplies, desks, and equip ment and for the maintenance, upkeep and operation of said law library, including the services of a librarian. All law books, reports, texts and periodicals purchased by the use of gifts and from the aforesaid funds shall become the property of the county."

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.:

Adanis, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Blackshear Bohannon Bond Bostick Brown, B. D. Brown, C. Brown, S. P.

Burruss Burton Busbee Carlisle Carrell Chance Clark Cole Coleman Collins, S. Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E.

Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Eliott Ellis Foster Geisinger Gignilliat Greer Harden Harrington

522

JOURNAL OF THE HOUSE,

Harris, J. R. Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irwin Jessup Johnson Jones Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Mason

Matthews, C. McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Murphy Nix Noble Odom Oxford Patten, G. C. Patterson Peters Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Ross

Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.

Bennett Castleberry Coney Grahl Grantham Harrison

Hudson Lane, W. J. Mauldin Milford Nessmith Patten, R. L.

Phillips, L. L. Strickland Wheeler, Bobby Wheeler, J. A.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Berlin Berry Brantley, H. H. Brantley, H. L. Bray Buck
Cclling, M. Colwell Davis, W. Edwards Egan Evans

Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Groover Hamilton Harris, J. F. Hill, B. L. Hill, G. Irvin, J. Irvin, R. Jordan King Lewis

Logan Matthews, D. R. McCracken Northcutt Pearce Rainey Savage Shepherd Stephens Thomason Townsend Triplett Willis Wilson, J. M. Mr. Speaker

MONDAY, FEBRUARY 12, 1973

523

On the passage of the Bill, by substitute, the ayes were 119, nays 16.

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

HB 71. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A Bill to be entitled an Act to amend Code Section 26-2907, relating to exemptions from the provisions of Code Sections 26-2901, 26-2903, and 26-2906, so as to provide an additional exemption from the provisions of said Code Section for district attorneys and assistant district at torneys; and for other purposes.

The following amendment was read and adopted:

Mr. Coleman of the 102nd moves to amend HB 71 as follows:
By adding on Line 22, page 1 and Line 13, page 2, after the word "attorneys" and before the word "and" the following:
", investigators employed by and assigned to district attorney's office",
and by amending the caption accordingly.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Bohannon Bond

Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell

Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

524
Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Elliott Ellis Ployd, J. H. Foster Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson

JOURNAL OF THE HOUSE,

Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McKinney Miles Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson

Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Strickland Sweat Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Atherton Berry Blackshear Brantley, H. H. Buck Collins, M. Colwell Edwards Egan Evans Ezzard Farrar

Floyd, L. R. Fraser Groover Hamilton Howell King Levitas Lewis Logan Matthews, D. R. McCracken McDonald Pearce

Rainey Reaves Rogers Ross Stephens Thomason Townsend Triplett Ware Willis Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 0.

MONDAY, FEBRUARY 12, 1973

525

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

HB 40. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 109A-7-209, relating to lien of warehousemen, so as to provide for the effectiveness of a warehouseman's lien on household goods for charges and expenses in relation 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 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 Bailey Beckham Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Burruss Burton Carr Carrell Castleberry Chance Cole Coleman Collins, S. Coney Davis, W. Dean, N. Dent Dickey Dixon Dollar Duke

Elliott Ellis Floyd, J. H. Foster Gignilliat Greer Harden Harrington Harris, J. F. Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J.
Irvin,R. Irwin, J. R. Jessup Johnson Jones Keyton Knight Kreeger Larsen, W. W. Lee, W. J. (Bill) Le vitas Logan Lowrey Marcus Matthews, C.

Matthews, D. R. Mauldin Miles Milford Morgan Moyer iMulherin Mullinax
Murphy Nessmith Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson
Petro Phillips, G. S. Phillips, L. L. Pinkston Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat

526
Thomason Toles Tucker Turner Twiggs Vaughn

JOURNAL OF THE HOUSE,

Waddle Walker Wall Wamble Ware Wheeler, J. A.

Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bennett Berlin Brown, C. Brown, S. P. Busbee Carlisle Clark Dorminy

Grahl Grantham Harris, J. R. Harrison Hays Lane, Dick Lane, W. J. Lee, W. S.

McDaniell Nix Peters Rainey Ritchie Roach Russell, W. D.

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Alexander, W. M. Berry Buck Collins, M. Colwell Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Edwards Egan Evans

Ezzard Farrar Floyd, L. R, Fraser Geisinger Groover Hamilton Hawes Howard Jordan King Lambert Larsen, G-. K. Lewis Mason

McCracken McDonald MeKinney Odom Pearce Reaves Stephens Strickland Thompson Townsend Triplett Wheeler, Bobby Willis Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 112, nays 23. The Bill, having received the requisite constitutional majority, was passed.

HB 169. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th and others:
A Bill to be entitled an Act to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be used for school lunch and extracurricular athletic and band purposes; and for other purposes.

MONDAY, FEBRUARY 12, 1973

527

The following Committee substitute was read and adopted:

A BILL
To be entitled an Act to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved April 25, 1969 (Ga. Laws 1969, p. 721), so as to provide that said funds may be used for certain extracurricular athletic and interscholastic activities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved April 25, 1969 (Ga. Laws 1969, p. 721), is hereby amended by striking the following:
"and said funds shall be used for educational purposes and none other",
and inserting in lieu thereof the following:
"and said funds shall be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of edu cation as an integral part of the total school program",
so that, when so amended, said Code Section shall read as follows:
"32-942. When said common school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep the same separate and distinct from other funds; and said funds shall be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, in cluding literary events, music and athletic programs within individ ual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of edu cation as an integral part of the total school program, and when taxes are paid into the Treasury of the State the Comptroller Gen eral shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in. It shall be law ful to invest school funds in securities of the states, United States, municipalities of this State, or certificates of deposit."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

528

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 was called and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Duke Elliott Ellis Parrar Floyd, J. H.

Foster Geisinger Gignilliat Grahl Grantham
Greer Groover Harden Harrington Harris, J. F.
Harris, J. R. Harrison
Hays Hill, G. Horton, W. L. Howard Hudson Hutchinson
Irvin, J. Irvin, R. Jessup Johnson
Jones Jordan
Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Le vitas Lowrey Marcus
Mason Matthews, C.
Matthews, D. R. Mauldin McDaniell McDonald McKinney

Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B.
Snow Strickland Thomason Thompson Toles Tucker Turner Turner Twiggs Vaughn Waddle Walker

Wall Wamble Ware

MONDAY, FEBRUARY 12, 1973

529-

Wheeler, Bobby Wheeler, J. A. Whitmire

Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Collins, S. Dixon

Dorminy Rainey

Williams

Those not voting were Messrs.:

Adams, J. H. Alexander, W. H. Alexander, W. M. Berry Brantley, H. L. Buck Collins, M. Dean, Gib Dean, J. E. Edwards Egan Evans

Ezzard Floyd, L. R. Fraser Hamilton Hawes Hill, B. L. Horton Howell Irwin, J. R. King Lewis Logan

McCracken
Patten, G. C. Patten Pearce Petro Stephens Sweat Town send Triplett Willis Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 5.

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

Mr. Hill of the 110th stated that he had been called from the floor of the House when the roll was called on the passage of HB 169, by substitute, but had he been present would have voted "aye".

HB 326. By Mr. Atherton of the 19th:
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, so as to provide for the redistricting of an area and the election of members at large when an area, county or munici pality is added to or removed from the jurisdiction of an existing Com mission; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 326 as follows:

530

JOURNAL OF THE HOUSE,

by adding in the caption in line 12 after "Commission" the words: "to provide an effective date;"

and by adding the following after Section 1:
"Section 2, This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval."

and by renumbering Section 2 to read: "Section 3"

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

On the passage of the Bill, the roll call was 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 Bailey Beckham Bennett Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman

Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dickey Dixon Dollar Dorminy Duke Elliott Farrar Floyd, J. H. Geisinger Gignilliat Grahl Grantham Greer
Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Horton, W. L.

Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson
Jones Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney

Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L.

MONDAY, FEBRUARY 12, 1973

531

Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams
Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles

Tucker Turner Twiggs Vaughn Waddle Walker
Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson, J. M. Wilson, M. L. Wood, J. T.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Berlin Berry Brantley, H. L. Buck Collins, M. Colwell Davis, W. Dean, J. E. Dent Edwards Egan Ellis

Evans Ezzard Floyd Foster Fraser Groover Hamilton Hawes Hill, B. L. Howell Jordan Keyton King Lewis

McCracken Murphy Patten, G. C. Pearce Pinkston Russell, W. D. Stephens Strickland Thomason Townsend Triplett Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 139, nays 0.

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

HB 126. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th and others:
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 have the charge or accusation against him heard by a grand jury; and for other purposes.

.532

JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend HB 126 as follows : By deleting on Page 1, line 20, the words "punishable by death". By deleting on Page 1, line 4, the words "punishable by death".

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. Alien Atherton Bailey Backham Bennett Berlin Blackshear Bohannon, Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Collins, S. Colwell Coney Connell Daugherty Dean, Gib Dean, N. Dickey

Dixon Dollar Dorminy Duke Elliott Evans Farrar Floyd, J. H. Gei singer 'Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson
Hutchinson Irvin, J. Jessup Johnson Jones Knight Kreeger Lambert Lane, Dick Lane, W. J.

Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C.
Matthews, D. R. Mauldin McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy
Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinks ton Rainey Reaves Ritchie

Roach Rogers
Ross Rush Russell, J.
Russell, W. D. Sams
Savage Shanahan Shepherd Smith, J. R.

MONDAY, FEBRUARY 12, 1973

533

Smith, V. B. Snow Strickland Sweat Thompson Toles Tucker Turner Twiggs Vaughn Waddle

Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Carlisle Foster

Irwin, J. R.

McDonald

Those not voting were Messrs.:

Adams, J. H, Alexander, W. M. Berry Brantley, H. L. Buck Coleman Collins, M. Davis, E. T. Davis, W. Dean, J .E. Dent Edwards

Egan Ellis Ezzard Floyd, L. R. Fraser Hamilton Hill, B. L. Howard Irvin,R. Jordan Keyton King

Larsen, W. W. Lewis McCracken McDaniell Pearce Stephens Thomason Town send Triplett Ware Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 140, nays 4.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 73. By Messrs. Brown and Dickey of the 89th: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to prescribe, by rule, uniform motor vehicle accident reports and reporting procedures; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

534

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 101, nays 0.

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

HB 167. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th and others:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to extend the exemptions and immunities accorded to all amounts paid by local school retirement systems for the account and benefit of members of such local systems; and for other purposes.
The report of the Committee, which was favorable 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, S. D. Atherton Bailey Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M.

Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Ellis Farrar Floyd, J. H. Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays

Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee.W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus

MONDAY, FEBRUARY 12, 1973

535

Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L.

Patterson Peters
Petro Phillips, G. S. Phillips, L. L. Pinkston
Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B.

Snow Sweat Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.: Odom

Those not voting were Messrs.:

Adams, J. H. Alexander, W. 'M. Beckham Bennett Berry Bray Buck Coleman Daugherty Dean, Gib Dean, J. E. Edwards Egan

Elliott Evans Ezzard Floyd, L. R. Foster Fraser Geisinger Hamilton King Larsen, W. W. Lewis McCracken Noble

Pearce Rogers Stephens Strickland Townsend Triplett Wheeler, Bobby Willis Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 1.

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

Mr. Elliott of the 49th stated that he had been called from the floor of the House when the roll was called on the passage of HB 167, but had he been present would have voted "aye".

536

JOURNAL OF THE HOUSE,

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes.

The following amendment was read and adopted:
Mr. Levitas of the 50th moves to amend HB 246 by adding a new section as follows:
"2. The provisions of this Act shall be effective prospectively only. No person whose license has not heretofore been subject to suspension shall have his license suspended until he commits an offense hereafter which results in additional points being accumu lated."
and renumbering the remaining sections accordingly.

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

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

Those voting in the affirmative were Messrs.:

Adams, Marvin Alien Atherton Bailey Beckham Bennett Berlin Bohannon Bostick Brantley, H. H. Bray Brown, S. P. Burruss Burton Busbee Castleberry Collins, S. Coney Connell Dean, N.

Dent Dickey Dollar Egan Elliott Ellis Floyd, J. H. Geisinger Gignilliat Greer Harden Harris, J. F. Harris, J. R. Hawes Hill, G. Horton, W. L. Howard Hutchinson Irvin, R. Irwin, J. R.

Jessup Jones Knight Kreeger Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Matthews, C. Matthews, D. R. McDaniell McDonald Miles Morgan Mullinax Nix Noble Odom Oxford

Patten, G. C. Patterson Petro Phillips, L. L. Pinkston Ritchie Rogers Rush

MONDAY, FEBRUARY 12, 1973

537

Russell, J. Russell, W. D. Sams Savage Smith, J. R. Smith, V. B. Snow Strickland

Tucker Turner Twiggs Wall Wheeler, Bobby Whitmire Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Blackshear Brown, C. Carlisle Carrell Clark Cole Collins, M. Colwell Daughtery Dixon Dorminy Duke Poster

Grahl Grantham Groover Harrington Harrison Hays Hill, B. L. Horton, G. T. Hudson Irvin, J. Johnson Keyton King Lane, Dick Lowrey Mason

Mauldin McKinney Milford Northcutt Patten, R. L. Phillips, G. S. Rainey Reaves Roach Ross Shanahan Thompson Toles Waddle

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Berry Bond Brantley, H. L. Brown, B. D. Buck Carr Chance Coleman Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Edwards Evans Ezzard

Farrar Floyd, L. R. Fraser Hamilton Howell Jordan Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lewis McCracken Moyer Mulherin Murphy Nessmith Pearce

Peters Shepherd Stephens Sweat Thomason Townsend Triplett Vaughn Walker Wamble Ware Wheeler, J. A. Williams Willis Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 83, nays 46.

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

538

JOURNAL OF THE HOUSE,

Mr. Turner of the 3rd stated that due to mechanical failure his vote did not propertly record. He wished to be recorded as voting "nay" on the passage of HB 246 as amended.

Mr. Brown 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 246, as amended.

HB 76. By Messrs. Brown, Dickey and Berlin of the 89th:
A Bill to be entitled an Act to amend Code Section 27-2506, relating to how misdemeanors shall be punished, so as to provide for alternative and additional punishments for misdemeanors and city ordinances in volving traffic offenses; and for other purposes.

The following amendments were read and adopted:
Mr. Alexander of the 38th moves to amend HB 76 by deleting from line 8 on page 2 the words "by the court or".
Mr. Groover of the 75th moves to amend HB 76 by adding in Sub section (d) of Section 1 before the word "imprisonment" the words "within the limits of the authority of the charter powers of a munici pality or the punishment prescribed by law in other courts,.

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 Aleaxnder, W. M. Alien Atherton Bailey Beckham Berlin Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Buck

Burruss Burton Busbee Carlisle Carr Castleberry Chance Coleman Collins, S. Coney Connell Davis, E. T. Dean, N. Dickey

Dollar Elliott Ellis Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Grantham Greer Groover Harrington Harris, J. F. Harris, J. R.

MONDAY, FEBRUARY 12, 1973

539

Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson, Ted Irvin, R. Jessup Johnson Jones Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C.

Mauldin McDaniell McDonald Miles Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Russell, J.

Russell, W. D. Sams Savage Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Turner Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear Bohannon Bond Brantley, H. H. Clark Cole Colwell Daugherty Dorminy

Foster Harden Hills, B. L. Hutchinson Irvin, J. Irwin, R. Keyton King Levitas McKinney

Milford Morgan Northcutt Ross Shanahan Strickland Thomason Tucker Twiggs

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Bennett Berry Brown, B. D. Carrell Collins, M. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Duke Edwards

Egan Evans Ezzard Farrar Fraser Hamilton Harrison Howell Jordan Larsen, G. K. Larsen, W. W. Lewis Matthews, D. R. McCracken

Murphy Pearce Petro Phillips, G. S. Rogers Rush Townsend Triplett Vaughn Wheeler, J. A. Willis, R. T. Mr. Speaker

540

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 111, nays 29.

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

Mr. Turner of the 3rd stated that due to mechanical failure his vote did not properly record. He wished to be recorded as voting "nay" on the passage of HB 76, as amended.

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

HB 209. By Messrs. Alexander of the 38th and McKinney of the 35th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehciles, as amended, so as to change the provision for appeal of orders or acts of the Commis sioner; to repeal conflicting laws; and for other purposes.

Mr. Connell of the 80th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

TUESDAY, FEBRUARY 13, 1973

541

Representative Hall, Atlanta, Georgia Tuesday, February 13, 1973

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. Donald J. Sparks, Pastor, First United Methodist Church, Swainsboro, Georgia:
Our Father,
In Thy infinite wisdom Thou has blessed us in this time and in this place. As we search our hearts we are less than excited by what has been but we look with excitement and anticipation of what can be. For leadership and guidance we ask, for strength to follow we seek. Bless this day, the work, the decisions and the persons involved, in the name of our Lord.
AMEN.

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

Mr. Mauldin of the 13th, Chairman of the Committee on 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. That the Speaker may in his discretion call up any Bill on the General Calender in any order that he desires.

542

JOURNAL OF THE HOUSE,

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

HB 540. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Bill to be entitled an Act to provide for the method of filling vacancies in the membership of the Hospital Authority of Floyd County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 142-540. By Mr. Lane of the 40th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of each county school district who is 62 years old or older and who has an income not ex ceeding $6,000 shall be granted an exemption from all ad valorem tax ation for educational purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 541. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to eliminate the local funds required to support the minimum foundation program of educa tion; and for other purposes.
Referred to the Committee on Education.
HB 542. By Mr. Noble of the 48th: 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 insurance; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 543. By Mr. Noble of the 48th: A Bill to be entitled an Act to amend an Act requiring safe construc tion and installation of boilers and pressure vessels, so as to exempt certain water heaters; and for other purposes.
Referred to the Committee on Industry.
HB 546. By Mr. Vaughn of the 57th: A Bill to be entitled an Act to amend an Act creating the office of

TUESDAY, FEBRUARY 13, 1973

543

Commissioner of Rockdale County, so as to change the salary of the Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 547. By Mr. Vaughn of the 57th:
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 the sheriff and his deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 548. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the time set for submission of the monthly report; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 549. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to provide for a chief deputy and his compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 550. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Ordinary of Rockdale County in lieu of the fee system, so as to change the salary of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 551. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of com pensation, so as to change the salary of the coroner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

544

JOURNAL OF THE HOUSE,

HB 552. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to provide that the governing authority of any municipality located wholly within certain counties (population, not less than 18,100 or more than 18,250) may not rezone or otherwise change the zoning status of land which it has annexed for a period of 2 years from the date such annexation becomes effective; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 553. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd and Walker of the 100th:
A Bill to be entitled an Act to amend the "Children and Youth Act", so as to change the penalty provisions relating to certain youthful of fenders; and for other purposes.
Referred to the Committee on Human Relations.

HB 554. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd and Walker of the 100th:
A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to provide that the said courts shall have the jurisdiction over any child under the age of 17 years; and, for other purposes.
Referred to the Committee on Human Relations.

HB 555. By Messrs. Egan of the 25th, Rogers of the 128th and Harden of the 128th:
A Bill to be entitled an Act to amend the Jekyll Island-State Park Au thority Act, so as to change the membership of the Authority; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 556. By Mr. Gignilliat of the 105th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide a name for the committee concerned with the protection of the Georgia coastal marshlands; and for other purposes^
Referred to the Committee on Recreation.

HB 557. By Mr. Berlin of the 89th:
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

TUESDAY, FEBRUARY 13, 1973

545

relative to the allotment of teachers and other certified professional per sonnel; and for other purposes.
Referred to the Committee on Education.

HB 558. By Mr. Berlin of the 89th:
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 used in transporting narcotic drugs, so as to declare all such vehicles used in the commission of any crime punishable by death or by imprisonment for life or by imprisonment for more than 12 months, as contraband; and for other purposes.
Referred to the Committee on Judiciary.

HB 559. By Messrs. Berlin and Brown of the 89th:
A Bill to be entitled an Act to amend Code Chapter 24-26, relating to judges of the superior courts, so as to authorize the senior judge of the superior courts of any judicial circuit to request a judge to serve and preside in the said court of any county in the requesting judicial circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 560. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act amending Code Section 21-105, relating to fees paid coroners, so as to change the certain population figures; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 561. By Messrs. Buck of the 87th, Dixon of the 126th, Morgan of the 70th and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act relating to the manu facture, sale and taxing of wine, so as to provide for the equalization of the fee on domestic wine with the tax on foreign wine; and for other purposes.
Referred to the Committee on Temperance.

HB 562. By Messrs. Brown of the 89th, Matthews of the 122nd and Patten of the 123rd:
A Bill to be entitled an Act to amend the "Georgia Post Mortem Ex amination Act", so as to define coroner; to grant the coroner of each county the power to make arrests; and for other purposes.
Referred to the Committee on Health and Ecology.

546

JOURNAL OF THE HOUSE,

HB 563. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver of Wheeler County, so as to provide that the Tax Commissioner may employ a clerk or assistant and that the salary of such clerk or assistant shall be fixed by the tax commis sioner and paid from the county treasury; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 564. By Messrs. Rush of the 104th and Phillips of the 103rd:
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 com pensation of the judge and solicitor of said court; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 565. By Messrs. Rush of the 104th and Phillips of the 103rd:
A Bill to be entitled an Act to provide for the election of the Board of Education of Toombs County; to provide that the Board of Education shall be composed of five members; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 566. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-6, relating to the registration of electors, so as to provide for the registration of electors by mail; to provide for the form of registration cards for use by applicants for registration by mail; and for other purposes.
Referred to the Committee on State of Republic.

HB 567. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to change the membership of the Board of Directors of the Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 568. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to add and provide for a chief deputy clerk of the Criminal Court of Fulton County, and for a Director of

TUESDAY, FEBRUARY 13, 1973

547

the Traffic Violations Bureau of the Criminal Court of Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 143-568. By Mr. Miles of the 79th:
A Resolution compensating the Federal Bureau of Investigation; and for other purposes.
Referred to the Committee on Appropriations.

HR 144-568. By Mr. Cole of the 6th: A Resolution compensating Mr. J. R. Bennett; and for other purposes.
Referred to the Committee on Appropriations.

HR 145-568. By Mr. Cole of the 6th:
A Resolution compensating Mrs. Lillian Turner Wood; and for other purposes.
Referred to the Committee on Appropriations.

HR 146-568. By Mr. Gignilliat of the 105th:
A Resolution compensating Mr. Marvin L. Perkins; and for other purposes.
Referred to the Committee on Appropriations.

HR 147-568. By Messrs. Hill of the 41st and Smith of the 42nd:
A Resolution proposing an amendment to the Constitution so as to 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 for other purposes.
Referred to the Committee on Ways and Means.

HB 569. By Messrs. Dean of the 60th, Bennett of the 124th and Buck of the 87th:
A Bill to be entitled an Act to amend an Act making Georgia a party of the Interstate Agreement on Detainers, so as to change the word "unlawful" to the word "lawful" in Section 5 of said Act so as to clarify the meaning of the Section; and for other purposes.
Referred to the Committee on Judiciary.

548

JOURNAL OF THE HOUSE,

HB 570. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to provide for the filling of vacancies in the offices of ordinary, clerk of the superior court and sheriff in certain counties of this State (population not less than 65,500 and not more than 73,500) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 571. By Messrs. Snow of the 1st, Lee of the 114th, Hays of the 1st, Sams of the 83rd, Groover of the 75th, Bennett of the 124th, Dean of the 60th and Hawes of the 43rd:
A Bill to be entitled an Act to amend Code Section 56-1504, relating to corporate charters for stock and mutual insurers, so as to provide that the duration of corporate charters of stock shall be perpetual unless otherwise limited in the application for charter by those individuals qualified to incorporate a mutual insurer; and for other purposes.
Referred to the Committee on Judiciary.

HB 572. By Messrs. Snow of the 1st, Cole and Foster of the 6th and Hays of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Chickamauga, 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 573. By Messrs. Snow of the 1st, Cole and Foster of the 6th and Hays of the 1st:
A Bill to be entitled an Act to amend an Act creating the State Court of Walker County, so as to change the compensation and the expense allowances of the judge and solicitor of said Court; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 574. By Messrs. Wilson of the 19th, Nix of the 20th, Kreeger and Burruss of the 21st, McDaniell and Duke of the 20th and Atherton of the 19th:
A Bill to be entitled an Act to provide that the homestead of each resident of the Independent School District of the City of Marietta who is 62 years of age and has an income not exceeding $6,000 per annum, shall be granted an exemption from all ad valorem taxation for edu cational purposes levied for and in behalf of such school system; and for other purposes.
Referred to the Committee on Ways and Means.

TUESDAY, FEBRUARY 13, 1973

549

HB 575. By Messrs. Wilson of the 19th, Nix of the 20th, Kreeger of the 21st, Burruss of the 21st, McDaniell of the 20th, Duke of the 20th and Atherton of the 19th:
A Bill to be entitled an Act to provide that the homestead of each resi dent of the Cobb County School District 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 for and in behalf of such school system; and for other purposes.
Referred to the Committee on Ways and Means.

HB 576. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend Code Title 84, relating to pro fessions, businesses and trades, so as to comprehensively revise the laws relating to the regulation of real estate brokers and salesmen; and for other purposes.
Referred to the Committee on Industry.

HB 577. By Messrs. Alexander of the 39th, Larsen of the 27th, Egan of the 25th, McKinney of the 35th and Horton of the 43rd:
A Bill to be entitled an Act to provide that the homestead of each resident of the Independent School District of the City of Atlanta who is 62 years old or older and who has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educa tional purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 578. By Messrs. Brown, Dickey, Coney and Pinkston of the 89th, Groover of the 75th and Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Bibb County Water and Sewerage Authority Act", so as to change the name of the authority; to change the membership of the Authority and provide for elected and appointed members thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 579. By Messrs. Lee and Odom of the 114th:
A Bill to be entitled an Act to provide for the establishment of the Georgia Crime Information Center; and for other purposes.
Referred to the Committee on Judiciary.

550

JOURNAL OF THE HOUSE,

HB 580. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend the "Uniform Reciprocal En forcement of Support Act", so as to provide that the District Attorney shall represent the plaintiff under the provisions of said Act where the obligee is a dependent child or the obligees are dependent children; and and for other purposes.
Referred to the Committee on Human Relations.

HB 581. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the official court reporter; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 582. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act providing for two addi tional court reporters for certain judicial circuits and providing for additional secretarial and clerical help in such circuits, so as to au thorize the judges of said judicial circuits to employ additional court rereporters; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 583. By Mr. Harris of the 51st:
A Bill to be entitled an Act to provide for a supplement to the com pensation, expenses and allowances of the judge of the superior court of the Stone Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 584. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Title 23A, known as the Juvenile Court Code of Georgia", so as to redefine the term "child" as used in said Code Title; and for other purposes.
Referred to the Committee on Human Relations.

HB 585. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on property which is subject to both municipal and

TUESDAY, FEBRUARY 13, 1973

551

county ad valorem taxation, so as to exempt certain municipalities from the provisions of said Code Section; and for other purposes.
Referred to the Committee on Ways and Means.

By unanimous consent, HB 585 was ordered engrossed.

HB 586. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the use of fair market value as determined for county ad valorem tax purposes by municipal tax assessors, so as to provide for additional exceptions; and for other purposes.
Referred to the Committee on Ways and Means.

By unanimous consent, HB 586 was ordered engrossed.
HB 587. By Messrs. Williams, Wood and Whitmire of the 9th: A Bill to be entitled an Act to amend Code Section 92-4004, relating to the requirement that municipality tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation, so as to exempt certain municipalities from the provisions of said Code Section; and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, HB 587 was ordered engrossed.
HB 588. By Messrs. Ezzard of the 29th and Hawes of the 43rd: A Bill to be entitled an Act to amend Section 23-1705(3) of the Code of Georgia of 1933, so as to increase from $1,000 to $5,000 the amount of total contract price for which no such bonds are required; and for other purposes.
Referred to the Committee on Judiciary.
HB 589. By Mr. Hill of the 110th, Mrs. Clark of the 55th, Messrs. Bond of the 32nd, Alexander of the 38th, Dean of the 54th, Brown of the 34th and McKinney of the 35th: 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.

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JOURNAL OF THE HOUSE,

HB 590. By Messrs. Snow and Hays of the 1st, Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the number of councilmen; to provide for the appointment of the city clerk, treasurer and tax collector; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 591. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to provide for the submission to the Clerks of the Superior Courts certain data pertaining to traffic violations; and for other purposes.
Referred to the Committee on Judiciary.

HB 592. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia defining the terms of the Code relating to the taxation of net income, so as to conform their meanings to the meanings such terms have in the U. S. Internal Revenue Code of 1954; and for other purposes.
Referred to the Committee on Ways and Means.

HB 593. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend an Act concerning the secrecy required of employees of the Revenue Department to have access to tax information when working with data processing equipment wherein such information is stored; and for other purposes.
Referred to the Committee on Ways and Means.

HB 594. By Messrs. Geisinger of the 44th, Marcus of the 26th, Larsen of the 27th, Horton of the 43rd, Brown of the 34th, Hawes of the 43rd and Greer of the 43rd:
A Bill to be entitled an Act to prohibit the cutting, digging, pulling up and removal of certain rare specimens of plant life from public lands within this State; and for other purposes.
Referred to the Committee on Natural Resources.

HB 595. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Bill to be entitled an Act to abolish the office of coroner of Floyd

TUESDAY, FEBRUARY 13, 1973

553

County; to create the office of medical examiner of Floyd County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 596. By Messrs. Reaves of the 124th, Hudson of the 115th, Lane of the 40th, Grantham of the 127th, Collins of the 122nd, Matthews of the 122nd, Bostick of the 123rd, Carr of the 90th, Keyton of the 121st and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, so as to authorize the purchase and sale of commercially raised freshwater trout; and for other purposes.
Referred to the Committee on Recreation.

HR 149-596. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of Medical examiner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 597. By Messrs. Geisinger of the 44th and Collins of the 45th:
A Bill to be entitled an Act to amend an Act regulating the sale of ad mission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket, so as to include hockey games or any other athletic con test; and for other purposes.
Referred to the Committee on Industry.
HR 150-597. By Messrs. Alexander of the 39th, Larsen of the 27th, Egan of the 25th and Marcus of the 26th:
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 House of Representatives to be effective after the U. S. Decennial Census of 1980; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.

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JOURNAL OF THE HOUSE,

HB 598. By Mr. Daugherty of the 33rd:
A Bill to be entitled an Act to amend an Act declaring as contraband and subject to confiscation and condemnation all vehicles and convey ances of every kind, so as to make said Act applicable to violations of the "Uniform Narcotic Drug Act"; and for other purposes.
Referred to the Committee on Judiciary.

HB 599. By Mr. Daugherty of the 33rd: 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.
Referred to the Committee on Judiciary.
HB 600. By Messrs. Lee, Busbee, Hutchinson and Odom of the 114th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 601. By Messrs. Grantham and Wheeler of the 127th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Camden County into the office of the tax commissioner of Camden County, so as to change the provisions relating to personnel of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 602. By Mr. Hill of the 110th: A Bill to be entitled an Act to provide for the suspension of the duty to pay rent for dwellings certified to be unfit for human habitation by the county health departments in all counties of this State; and for other purposes.
Referred to the Committee on Human Relations.
HB 603. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wood of the 9th, Hays of the 1st and Moyer of the 99th: A Bill to be entitled an Act to enact the Interstate Civil Defense and Disaster Compact; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

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555

HB 604. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to provide for certain rights and responsibili ties of blind or visually handicapped persons and persons who are other wise physically disabled; and for other purposes.
Referred to the Committee on Human Relations.

HR 152-604. By Messrs. Burruss of the 21st, Wilson of the 19th, McDaniell, Nix and Duke of the 20th, Howard and Atherton of the 19th:
A Resolution authorizing the State Properties Control Commission to lease certain real property located in Cobb County, to the City of Marietta; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 153-604. By Mr. Lane of the 76th:
A Resolution compensating Curtis Youngblood Ford, Inc. and Mrs. Linda Lanier; and for other purposes.
Referred to the Committee on Appropriations.

HR 154-604. By Messrs. Smith of the 91st, Murphy of the 18th, and Colwell of the 4th:
A Resolution approving the Purchase Bid of Stone Fort Land Com pany (a Tennessee Corporation); and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 605. By Messrs. Moyer of the 99th, Ware of the 65th, Hays of the 1st, Mullinax of the 65th, Dean of the 17th, Brown, Pinkston, Coney and Dickey of the 89th, Wood of the 9th, and others:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to provide for the issuance of permanent honorary hunting licenses to certain disabled veterans; and for other purposes.
Referred to the Committee on Recreation.
HB 606. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to authorize boards of education to pur chase liability insurance or contracts of indemnity insuring or indemni fying board members, superintendents, administrators and other em ployees against liability for damage in specified instances; and for other purposes.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

HB 607. By Messrs, Reaves of the 124th, Carr of the 90th, Rush of the 104th, Hudson of the 115th and Collins of the 122nd:
A Bill to be entitled an Act to amend the Dead Animal Disposal Act, so as to delete the provisions of said Act which make the Act appli cable only to animals which die with an infectious, contagious or com municable disease or which have been killed because of being infected with such disease; and for other purposes.
Referred to the Committee on Agriculture.

HB 608. By Messrs. McDaniell of the 20th, Burruss of the 21st, Wilson of the 19th, Matthews of the 122nd, Patten of the 123rd, Lane of the 40th and Nix of the 20th: A Bill to be entitled an Act to limit the doing of business on both the two consecutive days of Saturday and Sunday; and for other purposes.
Referred to the Committee on Industry.
HB 609. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to fix the compensation of the judges of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 610. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to provide that the cost provided for such court shall be inclusive of all cost which might be collected for pro viding funds for the purchase of law books, reports, texts and periodicals for a county law library; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HR 155-610. By Mr. Grantham of the 127th: A Resolution compensating Mr. E. W. Williams; and for other purposes.
Referred to the Committee on Appropriations.
HR 156-610. By Mr. Grantham of the 127th: A Resolution compensating Mrs. Carrie K. Meeks; and for other purposes.
Referred to the Committee on Appropriations.

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557

HB 611. By Messrs. Adams of the 14th, Shanahan of the 7th, Hays of the 1st, Dean of the 17th, Rainey of the 115th, Russell of the 53rd, Mauldin of the 13th, Toles of the 16th, Lowrey of the 15th, 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 and revoca tion of drivers' licenses, so as to provide that a new license shall not be issued unless the holder of an honorary driver's license specifically requests a new license in lieu of his honorary license; and for other purposes.
Referred to the Committee on Motor Vehicles.

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

HB 454. By Messrs. Buck of the 87th, Berry of the 86th, Adams of the 84th, Thompson of the 86th and Pearce of the 87th:
A Bill to be entitled an Act to further define and prescribe the powers and duties of the Columbus Airport Commission and the exercises thereof and to enlarge same; and for other purposes.

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to be entitled an Act to provide for the licensing of transient merchants; to provide for the procedures therefor; and for other pur poses.

HB 456. By Messrs. Roach of the 8th and Morgan of the 70th:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds that are sufficient to authorize the granting of a total divorce, so as to provide for an additional ground; and for other pur poses.

HB 457. By Messrs. Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 458. By Messrs. Nessmith and Lane of the 76th:
A Bill to be entitled an Act to amend Code Section 26-2901, relating to carrying a concealed weapon, so as to change the description of a concealed weapon; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 459. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for service upon a nonresident party by registered mail; and for other purposes.

HB 460. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend the Motor Vehicle Sales Finance Act, so as to change the provision relative to penalties for violations of the Act or sections thereof; and for other purposes.

HB 461. By Messrs. Matthews and Collins of the 122nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Riverside, so as to change the maximum amount of ad valorem taxation which the mayor and aldermen may levy and collect; and for other purposes.

HB 462. By Messrs. McCracken of the 77th, Sams of the 83rd, Miles of the 79th, Dent of the 78th, Mulherin of the 81st, Lewis of the 77th, Beckham of the 82nd and Connell of the 80th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to the qualifications of applicants for the admission to the practice of law, so as to provide certain exceptions and exemptions for the edu cational requirements prescribed for the admission to the practice of laws; and for other purposes.

HB 463. By Messrs. Berlin and Dickey of the 89th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to operate any vehicle on the public highways while trans porting a load of gravel or similar substance which may be dislodged from such vehicle, unless the load is covered or enclosed so as to prevent dislodging; and for other purposes.

HB 464. By Messrs. Savage of the 30th and Brown of the 67th:
A Bill to be entitled an Act to amend Code Chapter 88-26, relating to water quality control, so as to require a municipality to remove all fluoride from its water supplies if the people of such municipalityvoting in a referendum chose to not have fluoridation of their potable public water supplies; and for other purposes.

HB 465. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend Code Title 59, relating to juries,

TUESDAY, FEBRUARY 13, 1973

559

so as to change the number of strikes allowed the defendant and prosecution in selecting juries for the trial of misdemeanor and felony cases; and for other purposes.

HB 471. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to authorize the Department of Ad ministrative Services to formulate and implement a plan for a State wide Telecommunications system to serve State Government; to provide for legislative intent; and for other purposes.

HB 472. By Messrs. McKinney of the 35th and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for the public health regula tion of confined animal facilities; and for other purposes.

HB 473. By Mr. McKinney of the 35th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend the Criminal Code of Georgia to make the crime of carrying a pistol or revolver without a license a felony and to increase the punishment upon conviction of such crime; and for other purposes.

HB 474. By Mr. McKinney of the 35th, Mrs. Clark of the 55th, Messrs. Marcus of the 26th, Daugherty of the 33rd, Shepherd of the 28th, Bond of the 32nd and Brown of the 34th:
A Bill to be entitled an Act to provide for a lunch period for teachers; and for other purposes.

HB 475. By Mr. McKinney of the 35th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to provide for the improvement of the quality of education offered in Georgia's public schools; and for other purposes.
HB 476. By Messrs. Ezzard of the 29th and Savage of the 30th:
A Bill to be entitled an Act to permit housing authorities and local governing authorities exercising redevelopment powers to acquire vacant land outside an urban redevelopment area for construction of replacement housing for persons displaced within the redevelopment area; and for other purposes.

HB 477. By Messrs. Wilson and Atherton of the 19th, Nix and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act creating the State Court

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of Cobb County, so as to provide for an additional judge; and for other purposes.

HB 478. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend Code Section 68-1001, relating to the negotiation of reciprocal agreements between states concerning motor vehicles, so as to authorize the Government or his designees to enter into agreements with representatives of other jurisdictions relating to the registration of commercial vehicles; and for other pur poses.

HB 479. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st, Messrs. Brown of the 34th, Hawes of the 43rd and Larsen of the 27th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to change the compulsory school attendance age in certain school systems of this State; and for other purposes.

HB 480. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st, Messrs. Brown of the 34th, Hawes of the 43rd and Larsen of the 27th:
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 schools to require the State Board of Education to make state funds available to all local units of administration for the operation of public schools on a year-round basis; and for other purposes.

HR 127-480. By Messrs. Johnson, Lee, Northcutt and Bailey of the 68th, Tucker of the 69th, Brantley of the 92nd, Wheeler of the 13th, Ware of the 65th, Atherton of the 19th, Berlin of the 89th and others:
A Resolution to create the "Constitution Revision Commission; and for other purposes.

HR 128-480. By Messrs. Ezzard of the 29th and Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to permit housing authorities and local governing authorities exercising redevelopment powers to acquire vacant land outside an urban redevelop ment area for construction of replacement housing for persons displaced within the redevelopment area; and for other purposes.

HR 129-480. By Mr. Lewis of the 77th:
A Resolution compensating Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia; and for other purposes.

TUESDAY, FEBRUARY 13, 1973

561

HR 130-480. By Mr. McKinney of the 35th:
A Resolution proposing an amendment to the Constitution so as to authorize municipalities of over 400,000 population to require demoli tion of certain uninhabitable structures under the Housing Code; and for other purposes.

HR 131-480. By Mr. Bray of the 66th:
A Resolution compensating Mr. Martin Sterling Smith; and for other purposes.

HR 132-480. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st, Messrs. Brown of the 34th, Larsen of the 27th and Egan of the 25th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Atlanta, to execute leases for land, buildings or facilities used for school or education purposes, for a term of up to 20 years without a referendum or election and without compliance with any other provisions of this Constitution or of any law of this State; and for other purposes.

HR 133-480. By Mr. Alexander of the 39th, Mrs. Hamilton of the 31st, Messrs. of the 34th, Hawes of the 43rd and Larsen of the 27th:
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 School Superintendent by said Board of Education without the necessity of a referendum; and for other purposes.
HB 481. By Mr. Alexander of the 39th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta so as to create the "Atlanta Housing Finance and Development Authority Act"; and for other purposes.

HB 482. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to repeal the provisions relating to the preparation of maps and surveys; to repeal the provisions re lating to the filing and indexing of maps and plats and fees therefor; and for other purposes.

HB 483. By Mr. Dean of the 54th: A Bill to be entitled an Act to amend an Act establishing a division

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JOURNAL OF THE HOUSE,

within the State Department of Education to be known as the Division of Vocational Education Service, so as to provide that the Board shall be authorized to contract with private schools when such courses are not offered by any public school; and for other purposes.

HB 484. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.

HB 485. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to provide that neither DeKalb County nor any incorporated municipality located wholly within DeKalb County shall require any person employed by the county or any such munici pality in the capacity of a fireman, to be on duty for more than 56 hours per week; and for other purposes.

HB 486. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, so as to change the compensation provisions relating to deputies; and for other purposes.

HB 487. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County, so as to repeal Section 16A of said Act authorizing the Board of Com missioners to pay an annual salary to the assistant to the tax com missioner; and for other purposes.
HB 488. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to change the number of members of the Montgomery County Board of Education from five to seven; to provide that the additional two members shall be members at large; and for other purposes.

HB 489. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Montgomery County, so as to change the compensation of the tax commissioner; and for other purposes.

TUESDAY, FEBRUARY 13, 1973

563

HB 490. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of tax commissioner, tax receiver and county treasurer of Wheeler County, so as to change the provisions relative to the compensation of the county treasurer of Wheeler County; and for other purposes.

HB 491. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to provide for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County; and for other purposes.

HB 492. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Soperton, so as to change the salary of the judge of said court; and for other purposes.

HB 493. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to provide for the yearly compensation for the Ordinary of Treutlen County, in addition to fees which he now receives; and for other purposes.

HB 494. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system, so as to change the compensation of the sheriff and his deputy; and for other purposes.

HB 495. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Stephens County, so as to change the provision relative to the compensation of the employees; and for other purposes.

HB 496. By Mr. Irvin of the 10th:
A Bill to be entitled an Oct to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provision relative to the compensation of deputies and the secretary; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 497. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Stephens County on an annual salary, so as to change the provisions relative to the compensation of the Clerk appointed by the Ordinary; and for other purposes.

HB 498. By Messrs. Egan of the 25th, Greer of the 43rd and Irvin of the 23rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, so as to change the composition of said Board; and for other purposes.

HB 499. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lincolnton, so as to change the qualifications of mayor and councilman; and for other purposes.

HB 500. By Mr. Lane of the 40th:
A Bill to be entitled an Act to amend an Act establishing a Charter for the City of East Point, relating to the salaries of Mayor and Council; and for other purposes.

HB 501. By Mr. Shanahan of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Gordon County, so as to provide that the clerk of the commissioner shall be appointed by the commissioner and shall serve at the pleasure of the commissioner; and for other purposes.

HB 502. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Mansfield, so as to provide for councilmen to receive a fee for attending meetings; and for other purposes.

HB 503. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the mayor and councilmen of the municipality of Porterdale, so as to change the compensation of the mayor and councilmen; and for other purposes.

HB 134-503. By Mr. Lewis of the 77th:
A Resolution compensating Mr. G. Frank Agerton, Jr.; and for other purposes.

TUESDAY, FEBRUARY 13, 1973

565

HR 135-503. By Mr. Greer 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 said county or group of counties; and for other purposes.

HB 504. By Mr. Brown of the 67th: A Bill to be entitled an Act to amend Code Chapter 88-19, relating to the regulation of hospitals and related institutions, so as to provide in order to insure the economical and orderly development of hospitals so that no such institution shall be constructed or operated unless there has been issued to it a Certificate of Need; and for other purposes.
HR 136-504. By Mr. Smith of the 42nd: A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption from taxation to resident homeowners in the City of Palmetto; to provide that residents of said city who are 65 years of age and who have an income not exceeding $4,000 shall be granted an exemption of $4,000 on their homestead from all ad valorem taxation; and for other purposes.
HR 137-504. By Mr. Smith of the 42nd: A Resolution compensating Mr. Doyal H. Long; and for other purposes.
HB 505. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to amend the "Georgia Public Assistance Act of 1965", so as to provide criminal penalties for fraud in obtaining food stamps and medical assistance (medicaid); and for other pur poses.
HB 506. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to provide that the parents may voluntarily consent to the adoption of their child; and for other purposes.
HB 507. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to provide protective and supportive services for adults; and for other purposes.
HB 508. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to provide a comprehensive program for

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the licensing and regulation of out-of-home child care facilities; and for other purposes.

HB 509. By Mr. Daugherty of the 33rd:
A Bill to be entitled an Act to amend Code Section 23-1705(3), so as to increase from $1,000 to $5,000 the contract price below which public works contractors need not post payment and performance bonds; and for other purposes.

HR 138-509. By Mr. Strickland of the 116th:
A Resolution compensating Mrs. Lucille Hall Carter; and for other purposes.
HR 139-509. By Messrs. Lane of the 40th, Hudson of the 115th and Grantham of the 127th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each, resident of each independent school district who is 62 years of age or older 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 in behalf of such system; and for other purposes.
HB 510. By Messrs. Wheeler and Grantham of the 127th:
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 com pensation, so as to change the minimum annual salary of the sheriff; and for other purposes.
HB 511. By Messrs. Wheeler and Grantham of the 127th:
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 512. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner so as to authorize the tax commissioner to employ part-time personnel with the approval of the governing authority of Bacon County; and for other purposes.

TUESDAY, FEBRUARY 13, 1973

567

HB 513. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to authorize the Ordinary of Bacon County to appoint a full-time secretary with the approval of a majority of the governing authority of Bacon County; and for other purposes.

HB 514. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to create and establish a Small Claims Court in and for Bacon County; and for other purposes.
HB 515. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, so as to change the compensation of the chairman and members of the Board; and for other purposes.
HB 516. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to change the compensation of the chairman and members of the Board of Education; and for other purposes.
HB 517. By Messrs. Rush of the 104th and Brantley of the 92nd: 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 salary of the sheriff; and for other purposes.
HB 518. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the clerk; and for other purposes.
HB 519. By Mr. Lewis of'the 77th: A Bill to be entitled an Act to amend an Act placing the sheriff of Burke County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 520. By Messrs. Mullinax of the 65th, Patten of the 123rd, Lewis of the 77th, Castleberry of the 96th, Waddle of the 98th and Moyer of the 99th: A Bill to be entitled an Act to amend Code Section 47-1002, relating

568

JOURNAL OP THE HOUSE,

to the registration of attorneys and agents of parties interested in legislation, so as to change the registration fee; and for other purposes.

HB 521. By Mr. Carrell of the 71st:
A Bill to be entitled an Act to amend an Act creating the WalnutgroveYouth Water Authority, so as to correct a typographical error in Section 3(b); and for other purposes.

HB 522. By Mr. Egan of the 25th:
A Bill to be entitled an Act to repeal the charter and all amendatory Acts thereof except for the independent school system of the largest municipality of all counties having a population of 600,000 or more; to provide for a new form of county government in such counties; to create a governmental merger commission in such counties; to provide for the election of governmental officials of the county in such counties; and for other purposes.

HB 523. By Messrs. Alexander of the 39th and Brown of the 34th:
A Bill to be entitled an Act to prohibit discrimination in housing accomodations based on race, color, sex, religion or national origin; and for other purposes.

HB 524. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits; and for other purposes.

HB 525. By Mr. Irwin of the 113th:
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 sys tem, and providing in lieu thereof an annual salary, so as to change the compensation of the deputy sheriff; and for other purposes.

HB 526. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Columbia County on an annual salary, so as to change the compensation of the clerk of the superior court and the sheriff of Columbia County; and for other purposes.

TUESDAY, FEBRUARY 13, 1973

569

HB 527. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, so as to change the compensation of the Chairman of said Board; and for other purposes.

HB 528. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Columbia County; and for other purposes.

HB 529. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to provide that the salary of the Judges of the Superior Court of the Augusta Judicial Circuit shall be supple mented by payments to be made from the county treasury of Columbia County; and for other purposes.

HB 530. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior courts, so as to provide that it shall be the duty of the clerks of the superior courts to keep their offices open during normal business hours on Monday through Fridays; and for other purposes.

HB 531. By Mr. Bostick of the 123rd:
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.

HB 532. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to provide for a board of elections in certain counties (population of not less than 27,000 and not more than 28,000); and for other purposes.

HB 533. By Mr. Bostick of the 123rd: A Bill to be entitled an Act to regulate private employment agencies; and for other purposes.
HB 534. By Mr. Egan of the 25th: A Bill to be entitled an Act to provide that no person shall be required to disclose in any proceeding the source of any published or unpublished

570

JOURNAL OF THE HOUSE,

information obtained in the gathering, receiving or processing of in formation for any medium of communication tothe public; and for other purposes.

HB 535. By Mr. Brown of the 67th:
A Bill to be entitled an Act to create the Peachtree City Water Sewerage and Recreational Authority and to authorize such Authority to acquire and maintain projects embracing sources of water supply; and for other purposes.

HR 140-535. By Mr. Greer of the 43rd:
A Resolution authorizing and directing the Georgia Building Authority to provide parking spaces for members of the General Assembly during periods when the legislature is not in session; and for other purposes.

HB 536. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as "The Lender Credit Card Act", so as to change the provisions relative to the method of computing the finance charge; and for other purposes.

HR 141-536. By Messrs. Collins of the 45th, Floyd of the 5th, Geisinger of the 44th, Harris of the 8th, Collins of the 122nd, Howell of the 118th and Floyd of the 56th: 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 refunds received during the immediately preceding fiscal year; and for other purposes.
HB 537. By Messrs. Collins and Matthews of the 122nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Camilla, so as to change the provisions relative to the corporate limits of said City; and for other purposes.
HB 538. By Messrs. Collins and Matthews of the 122nd: A Bill to be entitled an Act to amend an Act creating the City Court of Camilla, so as to change the maximum salary to be paid to the Judge and solicitor of said court; and for other purposes.
HB 539. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act regulating driver training

TUESDAY, FEBRUARY 13, 1973

571

schools, so as to provide for an examination of driver training school instructors as an alternative to the educational requirements set forth in said Act; and for other purposes.

SR 11. 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.

SB 14. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, so as to change the penalty for possession of one ounce or less of marijuana from imprisonment of one year to 12 months; and for other purposes.

SB 20. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of limited-access highways in this State, so as to provide that the State Department of Transportation shall have the authority to lease air rights over existing or proposed limited-access highways; and for other purposes.

HB 544. By Messrs. Cole and Foster of the 6th:
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 compensation of the mayor and council; and for other purposes.

HB 545. By Messrs. Cole and Foster of the 6th:
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 compensation of the recorder of said City; and for other purposes.

Mr. Williams of the 9th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the

572

JOURNAL OF THE HOUSE,

following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 352. Do Pass.
HB 354. Do Pass.
HB 355. Do Pass. HB 356. Do Pass.
Respectfully submitted, Kreeger of the 21st, Secretary.

Mr. Vaughn of the 57th District, Chairman of the Committee on Highways, submitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 350. Do Pass.

HB 349. Do Pass.

HB 351. Do Pass.

HB 348. Do Pass, as Amended.

HR 117-444. Do Pass.

Respectfully submitted,

Logan of the 62nd,

Secretary.

Mr. Lee of the 68th 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 34. Do Pass. HB 112. Do Pass. HB 153. Do Pass, by Substitute.
Respectfully submitted, Moyer of the 99th, Secretary.

TUESDAY, FEBRUARY 13, 1973

573

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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 39-135. Do Pass, by Substitute. HB 127. Do Pass, as Amended. SR 11. Do Pass, by Substitute. HB 135. Do Pass, as Amended. HB 132. Do Pass.
Respectfully submitted, Snow of the 1st,
Chairman.

Mr. Levitas of the 50th District, Chairman of the Committee on State Planning and Community Affairs, (Local Legislation) submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the followings Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 252. Do Pass. HB 316. Do Pass. HB 414. Do Pass. HB 453. Do Pass.
Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Levitas of the 50th 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

574

JOURNAL OF THE HOUSE,

consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 248. Do Pass. HB 249. Do Pass, by Substitute.
Respectfully submitted, Knight of the 65th, Secretary.

Mr. Buck of the 87th 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 168. Do Pass. HB 192. Do Pass. HB 194. Do Pass. HB 196. Do Pass. HB 186. Do Pass. HB 146. Do Pass. HB 307. Do Pass. HB 308. Do Pass, as Amended. HB 318. Do Pass.
Respectfully submitted, Buck of the 87th, Chairman.
Mr. Bray, of the 66th District, Vice-Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol-

TUESDAY, FEBRUARY 13, 1973

575

lowing Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 394. Do Pass. HB 24. Do Pass. HB 25. Do Pass. HB 359. Do Pass, as Amended. HR 15-58. Do Pass.
Respectfully submitted, Bray of the 66th, Vice-Chairman.

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

SB 42. By Senator Smalley of the 28th:
A Bill to be entitled an Act creating the office of judge of the superior courts emeritus, as amended, so as to change the provisions relative to widow's benefits.

SB 56. By Senators London of the 50th, and Overby of the 49th:
A Bill to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions re lating to the obtaining of good title by adverse possession in regard to certain classes of property.

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

SR 53. By Senators Hudgins of the 15th, and Jackson of the 16th:
A Resolution relative to the Multi-State Transportation Route Advisory Board.

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

576

JOURNAL OF THE HOUSE,

SB 42. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act creating the office of judge of the superior courts emeritus, so as to change the provisions relative to widow's benefits; and for other purposes.
Referred to the Committee on Retirement:

SB 56. By Senators London of the 50th and Overby of the 49th:
A Bill to be entitled an Act to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by ad verse possession in regard to certain classes of porperty; and for other purposes.
Referred to the Committee on Special Judiciary.

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

HB 252. By Messrs. Walker of the 100th ,Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, as amended, so as to strike the provision of said charter prohibiting the taxation of woodland of five or more acres until it is laid off in lots; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,. was 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 294. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to amend an Act creating the Alcovy Ju dicial Circuit, so as to authorize the employment of a court reporter; and for other purposes.

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

TUESDAY, FEBRUARY 13, 1973

577

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 345. By Messrs. Lee, Johnson, Bailey and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 316. By Mr. Smith of the 91st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Emanuel County on a salary basis, 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed
HB 414. By Messrs. Jones of the 109th, Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th and Hill of the 110th: A Bill to be entitled an Act to amend an Act creating a board of Commissioners of Chatham County, so as to change the name of the commissioners of Chatham County and ex officio judges; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

578

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 435. By Messrs. Berlin, Coney, Dickey, Pinkston, Brown and Evans of the 89th:
A Bill to be entitled an Act to create the "Macon Transit Authority"; to prescribe the duties, powers, privileges, exemptions and immunities 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.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Agriculture and Consumer Affairs and referred to the Com mittee on Recreation:
HB 444. By Messrs. Rainey of the 115th, Peters of the 2nd, Grahl of the 88th and others: A Bill to be entitled an Act to he known as the Georgia Animal Im portation Act; and for other purposes.

Mr. Brown of the 89th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes.

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

TUESDAY, FEBRUARY 13, 1973

579

Those voting in the affirmative were Messrs.

Adams, G. D. Alien Atherton Beckham Berlin Bohannon Bostick
Bray Brown, S. P.
Buck Burruss Burton Carlisle Carr Castleberry Chance Coleman Coney Connell Dean, Gib Dean, N. Dickey Dollar Dorminy Duke Egan Elliott Evans Fraser Grahl

Grantham Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, G. Horton Hudson
Hutchinson Irvin, J. Irvin, R. Irwin Jordan Knight Kreeger Lane, Dick Larsen, W. W. Lee, W. S. Marcus Mason
Matthews, C. Matthews, D. R. Mauldin Miles Milford Morgan Mulherin Mullinax Murphy

Nix Oxford Patten Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey
Ritchie Rogers Rush Russell, J. Russell, W. D. Sams Shepherd Smith, V. B. Snow Stephens Turner Waddle Walker
Wamble Ware Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Adams, John Alexander, W. H.
Bailey Blackshear
Bond Clark Collins, M. Colwell
Daugherty Davis, E. T.

Dixon Foster Hill, B. L. Johnson
Keyton Lowrey McKinney
Nessmith Northcutt

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. M. Bennett, J. T.
Berry Brantley, H. H.

Brantley, H. L. Brown, B. D. Brown, C. Busbee Carrell Cole

Patten Phillips, G. S. Reaves Roach Thomason Thompson Toles Twiggs Wall
Collins, S. Davis, W. Dean, J. E. Dent Edwards Ellis

580
Ezzard Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Greer Groover Hamilton Harrison Hawes Horton Howard Howell Jessup

JOURNAL OF THE HOUSE,

Jones King
Lambert Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Logan McCracken McDaniell McDonald Moyer Noble Odom

Ross Savage
Shanahan Smith, J. R. Strickland Sweat Townsend Triplett Tucker Vaughn Wheeler, Bobby Willis, R. T. Wood Mr. Speaker

On the motion to reconsider, the ayes were 90, nays 28.

The motion prevailed and HB 246 was reconsidered.

The following Resolutions of the House was read and adopted:

HR 158. By Busbee, Odom, Hutchinson and Lee of the 114th:
A RESOLUTION
Commending Mr. Horace G. Caldwell; and for other purposes.
WHEREAS, Mr. Horace G. Caldwell served with great dedication and ability from September 3, 1967 to February 1, 1973, as Island Director of the Jekyll Island State Park Authority; and
WHEREAS, during the time he served as Island Director, great strides were made in the development of Jekyll Island, one of the State's most valuable resources; and
WHEREAS, during the time he served as Island Director, the number of tourists visiting Jekyll Island increased from approximately two million per year to approximately three million per year; and
WHEREAS, during the time he served as Island Director, sub stantial progress was made in rehabilitating the village area of Jekyll Island; and
WHEREAS, he served with equal dedication and ability as Director, Department of State Parks, from January 15, 1963 through October 1, 1967; and

TUESDAY, FEBRUARY 13, 1973

581

WHEREAS, it is only fitting and proper that Mr. Horace G. Cald well be recognized and commended for the outstanding service he has rendered to the State as Island Director of the Jekyll Island State Park Authority and as Director, Department of State Parks.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and express its deepest appreciation to Mr. Horace G. Caldwell for the outstanding service he has rendered to the State of Georgia as Island Director of the Jekyll Island Authority and Director, Department of State Parks.

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. Horace G. Caldwell.

HR 159. By Mr. Brown of the 67th:
A RESOLUTION
Commending Mr. Robert Lee Webb; and for other purposes.
WHEREAS, on March 5, 1973, Mr. Robert Lee Webb of Clayton County will retire from the United States Army Reserve with the rank of Colonel after having faithfully served his country for 34 years; and
WHEREAS, Mr. Webb, a native Georgian, entered the insurance business after compiling an outstanding record at the University of Georgia; and
WHEREAS, he has many times been a member of the Million Dol lar Round Table, the highest professional society in the industry; and
WHEREAS, he served his country for five years during World War II, rising from the rank of Private to the rank of Captain in the U. S. Army; and
WHEREAS, he has served as an active reservist with the Se lective Service System for 21 years; and
WHEREAS, his great contribution to his country has reflected the highest credit upon himself, his family and his State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Mr. Robert Lee Webb on his many outstanding years of faithful service to his country and State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to Mr. Robert Lee Webb.

582

JOURNAL OF THE HOUSE,

HR 160. By Mr. Wamble of the 120th:

A RESOLUTION
Commending Mr. Louis Augustus Powell; and for other purposes.
WHEREAS, Louis Augustus Powell, one of Grady County's most distinguished citizens, retired as manager of the Chamber of Com merce's activities on December 31, 1972, to assume the status of Man ager Emeritus; and
WHEREAS, Mr. Powell was chosen as the Man of the Year in Grady County for 1972; and
WHEREAS, in his extensive civic and community services, he developed a career unique and without parallel, serving as a charter member and director for 19 years, as president on two occasions for oneyear terms and finally as manager for 26% years, thus totaling 47% years of uninterrupted service; and
WHEREAS, he has provided the leadership for many outstanding accomplishments in trade promotion, industrial development, expanded and improved public services and community beautification; and
WHEREAS, his capable and constant expert attention to details of Chamber management provided maximum assistance to all elected exe cutives of the Chamber during his tenure; and
WHEREAS, his vision and dedication initiated and promoted ac tion for regional progress in such areas as transportation, natural gas, economical electric power and many other civic areas; and
WHEREAS, his dedication to his community and his selfless and gratuitous giving of time and energy have been freely shared with the people of Grady County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. Louis Augustus Powell on his many outstanding contributions to the life of his community and State, and wish him continued success and good will in his retirement.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Louis Augustus Powell.

TUESDAY, FEBRUARY 13, 1973

583

HR 161. By Messrs. Toles of the 16th, Adams of the 14th and Lowrey of the 15th:
A RESOLUTION

Commending Shorter College; and for other purposes.

WHEREAS, Shorter College is completing a century of service and stands as a monument to the insight and generosity of our fathers, be ing created, nurtured, and cherished by citizens of the State of Georgia; and
WHEREAS, Shorter College adds to the religious life of our State, Nation, and world by sending out young women and men whose edu cation is rooted in the Christian Faith; and
WHEREAS, Shorter College makes a cultural contribution through its departments and organizations whose value to this State is im measurable; and
WHEREAS, Shorter College raises the intellectual level of this State through all of its departments and their graduates; and
WHEREAS, Shorter College has offered a higher education to thousands of students from Georgia; and
WHEREAS, Shorter College has attracted other hundreds of fine students here, to make of Georgia a second home during their college days and, in many cases, a permanent home as they remain after graduation as citizens of the highest stature; and
WHEREAS, Shorter College has an economic impact upon Georgia that makes it a major asset to the economy; and
WHEREAS, Shorter College is in its centennial year, 1972-1973, "Grateful for all friends who have been a part of her glorious history-- and for those whose vision and interest point to a great future".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body hereby commends and congratu lates Shorter College on completing a century of service.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the President of Shotrer College.

HR 162. By Mr. Toles of the 16th: A RESOLUTION
Commending Dr. John T. Tippett, Jr.; and for other purposes. WHEREAS, Dr. John T. Tippett, Jr., has served the people of

584

JOURNAL OF THE HOUSE,

Georgia through his work in the civic and religious affairs of his com munity; and

WHEREAS, this native Georgian was called to preach at an early age, and thereafter graduated from Brewton Parker College and Mercer University; and

WHEREAS, he has served many churches as pastor including the Tabernacle Baptist Church of Carrollton, the Southside Baptist Church of Spartanburg, South Carolina, and is presently serving the Calvary Baptist Church of Savannah which has enjoyed a phenomenal growth during Dr. Tippett's fourteen years as pastor; and

WHEREAS, he has served the Georgia Baptist Convention as Vice-Chairman of the Administration Committee, Chairman of the Executive Committee, and in November, 1972, his fellow Baptists in recognition of his leadership ability and his outstanding accomplish ments honored Dr. Tippett by electing him President of the Georgia Baptist Convention.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Dr. John T. Tippett, Jr., for his many outstanding achieve ments and his service to the religious community of the State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Dr. John T. Tippett, Jr.

HR 163. By Messrs. Toles of the 16th, Adams of the 14th and Lowrey of the 15th:
A RESOLUTION
Commending Dr. Randall H. Minor; and for other purposes.
WHEREAS, Dr. Randall H. Minor has made outstanding contri butions to Floyd County and the State through his work in the pro fessional, civic, and religious fields; and
WHEREAS, this active Georgian is an outstanding member of the teaching profession serving the State as a teacher, a principal and now serves as the President of Shorter College; and
WHEREAS, he is a member and past president of the Rome Kiwanis Club, the director of the Floyd County Hospital Authority, and newly installed president of the Rome area Chamber of Commerce; and
WHEREAS, he is active in religious areas being a deacon of the First Baptist Church, Rome, Georgia, where he also teacher Sunday School; and

TUESDAY, FEBRUARY 13, 1973

585

WHEREAS, it is only fitting and propert that Dr. Randall H. Minor be commended and congratulated for his outstanding achieve ments and for his contributions to the professional, civic and religious life of his community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Dr. Randall H. Minor for his many outstanding achievements and for his service to his community and State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Dr. Randall H. Minor.

HR 164. By Mr. Toles of the 16th:
A RESOLUTION
Commending Dr. Searcy S. Garrison; and for other purposes.
WHEREAS, Dr. Searcy S. Garrison has served the Baptists of Georgia for 18 years as the Executive Secretary-Treasurer of The Geor gia Baptists Convention; and
WHEREAS, during those eighteen years of the Garrison admin istration, the record of progress in the Georgia Baptist Convention has been one of consistent and phenomenal growth; and
WHEREAS, in recognition of his outstanding service, he was honored by the Georgia Baptists with the unveiling of his portrait, which is to hang in the Baptist Administration Center, the inscription which reads, "Presented with affection and in appreciation by the Execu tive Committee at the one hundred fiftieth anniversary celebration of the Georgia Baptist Convention, Savannah, November 14, 1972."; and
WHEREAS, it is only fitting and proper that Dr. Searcy S. Gar rison be commended and congratulated for his outstanding achieve ments and for his contributions to the religious life of his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Dr. Searcy S. Garrison for his many outstanding achieve ments and for his service to his community and State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Dr. Searcy S. Garrison.

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HR 165. By Messrs. Hudson of the 115th, Bennett of the 124th, Levitas of the 50th and others:
A RESOLUTION
Expressing regret at the passing of Mr. Abe Kruger; and for other purposes.

WHEREAS, on January 18, 1973, the State of Georgia lost one of its finest and most distinguished citizens in the passing of Mr. Abe Kruger of Fitzgerald, Georgia; and

WHEREAS, he was Fitzgerald's official "Mr. Goodwill Ambas sador" for many years; and
WHEREAS, he came to America from Lithuania in 1914 and settled in Fitzgerald, beginning a long and successful career as a businessman, city official, civic leader, and religious leader; and
WHEREAS, he was a member of the City Council for a number of years and served as Mayor Pro Tern of Fitzgerald for nine years; and

WHEREAS, he was a Mason, a Shriner, member of the Elks Club, Lions Club, IOOF, and an ambassador in the Hasan Temple; and
WHEREAS, he was a Director of the Chamber of Commerce, a member of the Board of Directors of the Department of Family and Children Services, and was active in both the American Red Cross and the Georgia Heart Association; and
WHEREAS, he lead Jewish congregations in the Ben Hill County area of the State and was the first President of the Fitzgerald Hebrew Synagogue and at the time of his death was its Cantor and President Emeritus.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest and most sincere regrets at the passing of Mr. Abe Kruger.

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 his window, Mrs. Abe Kruger, and his children, Mrs. Ralph Edwards, Mrs. Haskell Frostig, and Mr. Reuben Kruger.

HR 166. By Messrs. Hudson of the 115th, Burton of the 47th, Bennett of the 124th and Bostick of the 123rd:
A RESOLUTION Commending Mr. David Lee Paulk; and for other purposes. WHEREAS, Mr. David Lee Paulk has recently retired as Clerk of

TUESDAY, FEBRUARY 13, 1973

587

the Superior Court of Ben Hill County after almost half a century in that position; and

WHEREAS, he has served the City of Fitzgerald and Ben Hill County since 1914 in a political career spanning 58 years, as City Clerk for 11 years and Clerk of the Superior Court for 47 years; and

WHEREAS, his service as Clerk of the Superior Court of Ben Hill constitutes a record in Ben Hill County for the longest continuous term for an elected official; and

WHEREAS, he has been a Mason since 1917 and was the first Mason in Georgia to hold three offices in the three grand bodies of York Rite Masonry at the same time; and

WHEREAS, he is known as "Mr. Mason" throughout Georgia and in many parts of the nation and has served as grand commander of the Grand Commandery of Georgia; and

WHEREAS, the Shriners have designated the class of the spring ceremonial to be held in Fitzgerald in May to be the "D. L. Paulk Class"; and

WHEREAS, he is an Active member of the First Baptist Church of Fitzgerald and was described by the pastor of that church as "a respected public official, able administrator and understanding friend,
a unique man of God who has been a tower of strength in his genera tion"; and

WHEREAS, it is only fitting and proper that he be commended and congratulated for his outstanding service to the State and for his outstanding achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and con gratulates Mr. David Lee Paulk for his outstanding accomplishments and service to the State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and dire^ed to transmit an ap propriate copy of this Resolution to Mr. David Lee Paulk.

HR 167. By Mr. Toles of the 16th:
A RESOLUTION
Commending Mr. Jack U. Harwell; and for other purposes.
WHEREAS, Mr. Jack U. Harwell serves the religious community of the State of Georgia as editor of The Christian Index; and

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WHEREAS, even at his young age he has had an illustrious career in journalism; and

WHEREAS, he became associate editor of The Christian Index in 1957, and became editor in 1966; and

WHEREAS, last year he wrote a history of The Christian Index, entitled An Old Friend with New Credentials; and

WHEREAS, he serves on numerous committees in the Atlanta Baptist Association and the Georgia and Southern Baptist Conven tions, and is a deacon in Dogwood Hills Baptist Church in East Point, Georgia; and

WHEREAS, he is the dedicated husband of the former Blanche Virginia Beard of Troy, Alabama, and the proud father of twin sons, Ronald and Donald.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Jack U. Harwell on his many achievements and for his service to the Christian 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 Mr. Jack U. Harwell.

HR 168. By Mr. Blackshear of the 106th:
A RESOLUTION
Expressing sympathy at the passing of the Honorable Lyndon Baines Johnson; and for other purposes.
WHEREAS, the Honorable Lyndon Baines Johnson, 36th President of the United States of America, passed away on January 22, 1973; and
WHEREAS, the citizens of the State of Georgia and of the United States have lost an outstanding leader with the untimely passing of the Honorable Lyndon Baines Johnson; and
WHEREAS, he was known and admired throughout the world for his many years of outstanding public service as a member of the United States Congress, United States Senate, as Vice President of the United States and as President of the United States; and
WHEREAS, his many achievements in the passage of domestic legislation, including the bills on education and human rights, have made him a man whose guidance and influence will be felt for many years; and

TUESDAY, FEBRUARY 13, 1973

589

WHEREAS, he was a man of conviction who fought an unwaver ing battle for those things which he felt were in the best interest of the people of the United States; and

WHEREAS, his outstanding leadership and counsel will be sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regret at the passing of the Honorable Lyndon Baines Johnson, 36th President of the United States, and hereby extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the family of the Honorable Lyndon Baines Johnson.

HR 169. By Mr. Toles of the 16th:
A RESOLUTION
Commending the Reverend Otis Mitchell Gates; and for other pur poses.
WHEREAS, Reverend Otis Mitchell Gates has served the people of Georgia through his work in the field of religion; and
WHEREAS, this native Georgian has been a member of numerous local organizations, including Chairman of the Budget Committee of the Georgia Baptist Convention, and is now serving on the Executive
Committee of the Atlanta Billy Graham Crusade; and WHEREAS, he has participated in several worldwide religious
meetings, including the World Congress on Evangelism held in Berlin, Germany; and
WHEREAS, he has served as the Secretary of the Department of Evangelism of the Georgia Baptist Convention for the past ten years; and
WHEREAS, it is only fitting and proper that Reverend Otis Mitchell Gates be commended and congratulated for his outstanding achievements and for his contributions to the religious life of his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend and con gratulate Reverend Otis Mitchell Gates for his many outstanding achieve ments and for his service to his community and State.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Reverend Otis Mitchell Gates.

HR 170. By Messrs. Patten, Reaves and Bennett of the 124th:
A RESOLUTION
Commending Mr. Gil Harbin; and for other purposes.
WHEREAS, Mr. Gil Harbin of Valdosta, Georgia, has been se lected as one of Georgia's five Outstanding Young Men of the Year by the Jaycees of this State; and
WHEREAS, the award is considered one of the most prestigious in the State, and the other winners were Sylvester Councilman John Maddox; Dr. Peter Bourne, organizer of Georgia's methodone drug treat ment program; Bob Rushton, a Marietta real estate man; and Max Sewell, Athens probation officer; and
WHEREAS, Mr. Harbin, a native of Akron, Ohio, moved to Val dosta in 1958 after being stationed at Turner Air Force Base in Al bany; and
WHEREAS, Mr. Harbin is married to the former Glen Ann Asbell of Albany and they are the parents of two fine sons; and
WHEREAS, Mr. Harbin has made many outstanding contributions to his community and is especially recognized for his role in setting up a recreation program in Valdosta and for helping to reorganize the South Georgia Regional Library there; and
WHEREAS, his dedication to his community and his gratuitous giving of time and energy in helping others have been freely shared with the people of Valdosta.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Mr. Gil Harbin of Valdosta for his being selected as one of Georgia's five Outstanding Young Men of the Year by the Jaycees of this State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Gil Harbin.

The following Resolution of the Senate was read and referred to the Com mittee on Highways:

TUESDAY, FEBRUARY 13, 1973

591

SR 53. By Senators Hudgins of the 15th and Jackson of the 16th:

A RESOLUTION.
Relative to the Multi-State Transportation Route Advisory Board; and for other purposes.

WHEREAS, the six South Georgia Area Planning and Develop ment Commissions joined together to sponsor and establish the South Georgia Limited Access highway Association; and

WHEREAS, the South Georgia Association in conjunction with counterparts in the other five States (Alabama, Arkansas, Mississippi, Missouri and Tennessee) sponsored and established the Multi-State Transportation Route Advisory Board; and

WHEREAS, key officials and Highway Commissioners of the six States are members of this Board's operation for the six States; and

WHEREAS, the six-state Board was formally organized in a meet ing in Birmingham on December 8, 1972, at which time the bylaws for that organization were adopted for the purpose of working toward the total development of a transportation route connecting the Southeast ern United States, Brunswick, Georgia, with the Midwestern United States, Kansas City, Missouri, as identified in Senate Bill 3939, Section 147, passed by the United States Senate on September 19, 1972, in the 92nd Congress, Second Session:
"(a) A route from Brunswick, Georgia, or its vicinity, to Kan sas City, Missouri, or its vicinity, so aligned to serve the following intermediate locations, or vicinities thereof; Columbus, Georgia; Birmingham, Alabama; Tupelo, Mississippi; Memphis, Tennessee; Batesville or Jonesboro, Arkansas; and Springfield, Missouri.", and

WHEREAS, the specific objective of this six-state Board is to foster, promote, and develop a Multi-State Multi-Mode Transportation Route to serve this regional corridor to meet the transportation needs and provide appropriate economic growth and development.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the members of this Body do hereby acknowledge and endorse the outstanding efforts being made through the Multi-State Transportation Route Advisory Board, by the sponsor ing states, supporting counties, cities and commissions, and do hereby encourage this fine endeavor to provide more adequate high-standard highways in Georgia and the United States.

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 Multi-State Transportation Route Advisory Board and to each of the Board Chairman of the six States: Georgia, Alabama, Arkansas, Mississippi, Missouri, and Tennessee.

592

JOURNAL OF THE HOUSE,

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

HB 337. By Mr. Buck of the 87th:
A Bill to be entitled an Act to implement the provisions of Article V, Section I, Paragraph XI of the Constitution, so as to increase the size of the State Board of Pardons and Paroles to five members; to provide for the terms of Board members; and for other purposes.

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

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

Those voting in the affirmative were Messrs:

Adams, G. D. Adams, John Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney

Connell Daugherty Davis, W. Dean, Gib Dean, N. Dent Dollar Duke Egan
Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton
Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson

Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger
Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason
Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix

Odom Oxford Patten Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rush Russell, J.

TUESDAY, FEBRUARY 13, 1973

593

Sams Savage Shepherd Smith, V. B. Snow Stephens Strickland Thomason Thompson Toles Tucker Turner Twiggs

Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. M. Berlin Brantley, H. H. Brown, S. P. Collins, M. Davis, E. T. Dean, J. E. Dickey Dixon Dorminy Edwards Elliott Ellis

Ezzard Gignilliat Grahl Hays Howell Irwin Lane, W. J. Larsen, G. K.
Levitas Lewis Matthews, D. R. McCracken Mullinax Murphy Noble

Northcutt Patten Peters Rainey Rogers Ross Russell, W. D. Shanahan Smith, J. R. Sweat Townsend Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 135, nays 0.

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

Due to mechanical failure, the vote of Mr. Triplett of the lllth did not record on the passage of HB 337.

Having accepted an invitation extended by the Georgia General Assembly, Apollo Astronauts Eugene A. Cernan, Ronald E. Evans and Harrison H. Schmitt appeared upon the floor of the House, addressed the members thereof and made a presentation to the Speaker.

The Speaker announced the House recessed until 1:45 o'clock P.M.

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AFTERNOON SESSION

The House was called to order by the Speaker.

The following message was recevied 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 57. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th, and others:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide a special assistance fund for certain local units of administration.
Mr. Snow of the 1st asked unanimous consent that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Judiciary for further sutdy:

HB 445. By Messrs. Lee of the 114th, Snow of the 1st, Harris of the 51st and others:
A Bill to be entitled an Act to improve the administration of criminal justice in this State; to create the District Attorneys Association as the Office of Prosecution Coordination; and for other purposes.

The consent was granted and HB 445 was recommitted to the Committee on Judiciary.

Under the general order of business, the following Bill of the House was again taken up for consideration.

HB 12. By Messrs. Snow of the 1st, Hawes of the 43rd, Lee of the 114th and others:
A Bill to be entitled an Act to amend Code Title 26, the Criminal Code of Georgia, so as to provide that a jury shall not return a verdict of punish ment by death in cases against a defendant convicted of murder except under certain circumstances; and for other purposes.

TUESDAY, FEBRUARY 13, 1973

595

The following Committee substitute was read:

A BILL

To be entitled an Act to provide for the imposition of the death penalty in certain cases; to provide procedures and requirements for the authorization of such penalty; to provide for judicial review of such sentence; to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and providing for sentences in criminal felony cases, approved March 18, 1964 (Ga. Laws 1964, p. 483), as amended by an Act approved March 27, 1970 (Ga. Laws 1970, p. 949), and an Act approved April 13, 1971 (Ga. Laws 1971, p. 902), so as to provide that in cases in which the jury or judge may consider the death penalty, the additional procedure pro vided in Code Section 27-2534.1 shall be followed; to provide that at the conclusion of all felony cases heard by a jury, and after argument of counsel and proper charge from the court, the jury shall retire to consider a verdict of guilty or not guilty without any consideration of punishment; to provide that in non-jury felony cases the judge shall likewise first consider a finding of guilty or not guilty without any consideration of punishment; to provide for additional evidence; to provide for argu ments; to provide the procedure for the judge in non-jury cases to de termine the punishment to be imposed; to provide that the jury shall fix a sentence within the limits prescribed by law; to provide that the judge shall impose the sentence fixed by the jury as provided by law; to amend Code Chapter 26-24, relating to perjury, so as to eliminate the death penalty for perjury and to change the penalty for perjury in certain cases; to amend Code Chapter 27-25, relating to sentences of ex ecutions, as amended to as to provide that the death penalty may be imposed for the offenses of aircraft hijacking or treason; to provide that in all other cases in which the death penalty may be authorized, the judge shall include certain aggravating circumstances in his instructions for the jury to consider or shall consider such circumstances himself when he determines sentence; to provide that the statutory instructions determined by the trial judge to be warranted by the evidence shall be provided in writing to the jury for its deliberation; to provide that if a recommendation of death is made in the verdict, the jury shall desig nate in writing the aggravating circumstance or circumstances which it found beyond a reasonable doubt; to provide for designations in nonjury cases; to provide that unless at least one of the statutory aggra vating circumstances is found, the death penalty shall not be imposed; to provide for the review of sentences of death by the Supreme Court of Georgia; to provide for the practices and procedures in connection with such review; to provide for the submission of records and transcripts; to provide for determinations by the Supreme Court; to provide for briefs and oral arguments; to provide for the affirmance or setting aside of sentences of death; to provide for the remand of cases for resentencing by the trial judge; to provide for the Assistant to the Supreme Court and his appointment, qualifications, terms and staff; to provide for the accumulation of records of offenses punishable by death and data con cerning such cases; to provide that the office of the Assistant shall be attached to the office of the Clerk of the Supreme Court of Georgia for administrative purposes; to provide that the sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration; to amend an Act comprehensively and exhaustively revising, superseding and modernizing appellate and other

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post trial procedure in civil and criminal cases, approved February 19, 1965 (Ga. Laws 1965, p. 18), so as to change the provisions relative to transcripts of evidence and the granting of extensions of time for the preparation and filing of such transcripts; to provide that motions for new trial in cases in which the death penalty is imposed shall be given priority; to amend Code Section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court, so as to provide that in the event that a sentence of death is imposed, the transcript of the case shall be prepared at the earliest possible time and shall take priority in preparation over all other cases; to amend Code Section 26-3102, relating to capital offenses, and jury verdicts and sentences, as amended, so as to provide that, in cases other than treason or aircraft hijacking, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstances; to pro vide that where a statutory aggravating circumstances is found and a recommendation of death is made, the court shall sentence the de fendant to death; to provide that unless the jury or judge trying the case makes a finding of at least one statutory aggravating circum stance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death; to amend an Act providing that any person who has been indicted for an offense punishable by death may enter a plea of guilty at any time after his indictment, approved March 9, 1956 (Ga. Laws 1956, p. 737), so as to provide that the judge of the superior court having jurisdiction may sentence such person to life imprisonment or to any punishment authorized by law for the of fense named in the indictment; to amend Code Chapter 27-25, relating to sentences and executions, as amended, so as to provide that upon a verdict or judgment of death made by a jury or a judge, it shall be the duty of the presiding judge to sentence such convicted person to death, and to make such sentence in writng; to provide for other matters rela tive to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and providing for sentences in criminal felony cases, approved March 18, 1964 (Ga. Laws 1964, p. 483), as amended by an Act approved March 27, 1970 (Ga. Laws 1970, p. 949), and an Act approved April 13, 1971 (Ga. Laws 1971, p. 902), is hereby amended by striking Section 1A in its entirety, and inserting in lieu thereof a new Section 1A, to read as follows:
"Section 1A. At the conclusion of all felony cases heard by a jury, and after argument of counsel and proper charge from the court, the jury shall retire to consider a verdict of guilty or not guilty without any consideration of punishment. In non-jury felony cases, the judge shall likewise consider a finding of guilty or not guilty without any consideration of punishment. Where the jury or judge returns a verdict or finding of guilty, the court shall re sume the trial and conduct a pre-sentence hearing before the jury or judge at which time the only issue shall be the determination of punishment to be imposed. In such hearing, subject to the laws of evidence, the jury or judge shall hear additional evidence in ex-

TUESDAY, FEBRUARY 13, 1973

597

tenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant, or the absence of any such prior criminal convictions and pleas; provided, however, that only such evidence in aggravation as the State has made known to the de fendant prior to his trial shall be admissible. The jury or judge shall also hear argument by the defendant or his counsel and the prose cuting attorney, as provided by law, regarding the punishment to be imposed. The prosecuting attorney shall open and the defendant shall conclude the argument to the jury or judge. Upon the conclu sion of the evidence and arguments, the judge shall give the jury appropriate instructions and the jury shall retire to determine the punishment to be imposed. In cases in which the death penalty may be imposed by a jury or judge sitting without a jury, the additional procedure provided in Code Section 27-2534.1 shall be followed. The jury, or the judge in cases tried by a judge, shall fix a sentence within the limits prescribed by law. The judge shall impose the sentence fixed by the jury or judge, as provided by law. If the jury cannot, within a reasonable time, agree to the punishment, the judge shall impose sentence within the limits of the law; provided, how ever, that the judge shall in no instance impose the death penalty when, in cases tried by a jury, the jury cannot agree upon the pun ishment. If the trial court is reversed on appeal because of error only in the pre-sentence hearing, the new trial which may be ordered shall apply only to the issue of punishment."

Section 2. Code Chapter 26-24, relating to perjury, is amended by by striking from the last sentence of Code Section 26-2401, relating to perjury, the following:
"convicted of an offense punishable by death or life imprison ment",

and the following: "death or",

and inserting in lieu thereof the following:
"imprisoned shall be sentence to a term not to exceed the sen tence provided for the crime for which the other person was con victed. A person convicted of perjury that was a cause of another's being punished by death",

so that when so amended, Code Section 26-2401 shall read as follows:
"26-2401 Perjury
A person to whom a lawful oath or affirmation has been ad ministered commits perjury, when, in a judicial proceeding, he knowingly and willfully make a false statement material to the issue or point in question. A person convicted of perjury shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than 10 years, or by both. A person con victed of perjury that was a cause of another's being imprisoned shall be sentenced to a term not to exceed the sentence provided for the crime for which the other person was convicted. A person con-

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viced of perjury that was a cause of another's being punished by death shall be punished by life imprisonment."

Section 3. Code Chapter 27-25, relating to sentences and execu tions, as amended, is hereby amended by adding a new Code Section, to be designated Code Section 27-2534.1, to read as follows:
"27-2534.1. Mitigating and aggravating circumstances; death penalty.--(a) The death penalty may be imposed for the offenses of aircraft hijacking or treason, in any case.
(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circum stances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony, or the offense of murder was committed by a person who has a substantial history of serious assaultive criminal con victions.
(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony, or aggravating battery, or the offense of murder was committed while the offender was engaged in the com mission of burglary or arson in the first degree.
(3) The offender by his act of murder, armed robbery, or kid napping knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person.
(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value.
(5) The murder of a judicial officer, former judicial officer, district attorney or solicitor or former district attorney or solicitor during or because of the exercise of his official duty.
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim.
(8) The offense of murder was committed against any peace officer, corrections employee or fireman while engaged in the per formance of his official duties.
(9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement.
(10) The murder was committed for the purpose of avoiding,

TUESDAY, FEBRUARY 13, 1973

599

interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In non-jury cases the judge shall make such designation. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in Code Section 27-2534.1 (b) is so found, the death penalty shall not be imposed."

Section 4. Said Code Chapter is further amended by adding a new Code Section, to be designated Code Section 27-2537, to read as follows:
"27-2537. Review of death sentences.--(a) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Supreme Court of Georgia. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court of Georgia together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court of Georgia.
(b) The Supreme Court of Georgia shall consider the punish ment as well as any errors enumerated by way of appeal.
(c) With regard to the sentence, the court shall determine:
(1) Whether the sentence of death was imposed under the in fluence of passion, prejudice, or any other arbitrary factor, and
(2) Whether, in cases other than treason or aircraft hijacking, the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in Code Section 27-2534.1 (b), and
(3) Whether the sentence of death is excessive or dispropor tionate to the penalty imposed in similar cases, considering both the crime and the defendant.
(d) Both the defendant and the State shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court.
(e) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
(1) Affirm the sentence of death; or
(2) Set the sentence aside and remand the case for resen-

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tencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court of Georgia in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration.
(f) There shall be an Assistant to the Supreme Court, who shall be an attorney appointed by the Chief Justice of Georgia and who shall serve at the pleasure of the court. The court shall accumu late the records of all capital felony cases in which sentence was imposed after January 1, 1970, or such earlier date as the court may deem appropriate. The Assistant shall provide the court with whatever extracted information it desires with respect thereto, in cluding but not litmited to a synopsis or brief of the facts in the record concerning the crime and the defendant.
(g) The court shall be authorized to employ an appropriate staff and such methods to compile such data as are deemed by the Chief Justice to be appropriate and relevant to the statutory ques tions concerning the validity of the sentence.
(h) The office of the Assistant shall be attached to the office of the Clerk of the Supreme Court of Georgia for administrative purposes.
(i) The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for con sideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the va lidity of the sentence."

Section 5. An Act comprehensively and exhaustively revising, su perseding and modernizing appellate and other post trial procedure in civil and criminal cases, approved February 19, 1965 (Ga. Laws 1965, p. 18), is hereby amended by striking from Section 16 the following:
"(a)",

and by adding to said Section, following the words "the court may in its discretion grant an extension of time", the following:
", except in cases where the death penalty is imposed,",

and by adding to said Section, preceding the sentence which reads as follows:
"On appeal, a party shall not be limited to the grounds urged in the motion, or any amendment thereof.",

the following:
"Motions for new trial in cases in which the death penalty is imposed shall be given priority.",

so that when so amended, Section 16 shall read as follows:
"Section 16. All applications for new trial, except in extraor dinary cases shall be made within thirty (30) days of the entry of

TUESDAY, FEBRUARY 13, 1973

601

the judgment on the verdict, or entry of the judgment where the case was tried without a jury. The motion may be amended any time on or before the ruling thereon, and where the grounds thereof require consideration of the transcript of evidence or proceedings, the court may in its discretion grant an extension of time, except in cases where the death penalty is imposed, for the preparation and filing of the transcript, which may be done any time on or before the hearing, or the court may in its discretion hear and determine the motion before the transcript of evidence and proceedings is prepared and filed. The grounds of the motion need not be approved by the court. The motion may be heard in vacation or term time, but where not heard at the time named in the order, whether in term time or vacation, it shall stand for hearing at the next term or at such other time in term or vacation as the court by order at any time may prescribe, unless sooner disposed of. Motions for new trial in cases in which the death penalty is imposed shall be given priority. On appeal, a party shall not be limited to the grounds urged in the motion, or any amendment thereof. The court also shall be empowered to grant a new trial on its own motion within thirty (30) days from entry of the judgment, except in criminal cases where the defendant was acquitted."

Section 6. Code Section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court, is hereby amended by striking from the second sentence of said Code Section the following:
"the jury returning",

and by adding to said Code Section, following the second sentence of such Code Section the following:
"In the event that a sentence of death is imposed, the transcript of the case shall be prepared at the earliest possible time and shall take priority in preparation over all other cases.",

so that when so amended, Code Section 27-2401 shall read as follows:
"27-2401. Stenographic notes; entry of testimony on minutes of court; transcript or brief.--On the trial of all felonies the pre siding judge shall have the testimony taken down, and, when directed by the judge, the court reporter shall exactly and truly record, or take stenographic notes of, the testimony and proceedings in the case, except the argument of counsel. In the event of a verdict of guilty, the testimony shall be entered on the minutes of the court or in a book to be kept for that purpose. In the event that a sen tence of death is imposed, the transcript of the case shall be pre pared at the earliest possible time and shall take priority in prepara tion over all other cases. In the event that a mistrial results from any cause in the trial of a defendant charged with the commission of a felony, the presiding judge may, in his discretion, either with or without any application of the defendant or State's counsel, direct that a brief or transcript of the testimony had in the case be duly filed by the court reporter in the office of the clerk of the superior court wherein such mistrial occurred. If said brief or transcript shall be ordered it shall be the duty of the judge to provide in said order requiring such brief or transcript for the compensation of

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said reporter, and that said transcript or transcripts shall be paid for on the order of said judge, as now provided by law for tran scripts in cases wherein the law requires the testimony to be tran scribed, at a rate not to exceed that provided by existing statutes in cases wherein a sentence is made, in felony cases: Provided, however, nothing herein contained shall be deemed or construed to in any wise impeach or avoid the operation of Section 24-3104."

Section 7. Code Section 26-3102, relating to capital offenses, and jury verdicts and sentences, as amended, is hereby amended by striking said Code Section in Its entirety, and inserting in lieu thereof a new Code Section 26-3102, to read as follows:
"26-3102. Capital offenses; jury verdict and sentence. Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recom mended by the jury, the court shall sentence the defendant to im prisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in of fenses of treason or aircraft hijacking. The provisions of this Sec tion shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty."

Section 8. An Act providing that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, approved March 9, 1956 (Ga. Laws 1956, p. 737), 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. Any person who has been indicted for felony an offense punishable by death may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may, in his discretion, during term time or vacation, sentence such person to life imprisonment, or to any punishment authorized by law for the offense named in the indict ment. Provided, however, that the judge of the superior court must find one of the statutory aggravating circumstances provided in Code Section 27-2534.1 before imposing the death penalty except in cases of treason or aircraft hijacking."

Section 9. Code Chapter 27-25, relating to sentences and execu tions, as amended, is hereby amended by striking Code Section 27-2514 in its entirety, and inserting in lieu thereof a new Code Section 27-2514, to read as follows:
"27-2514. Sentence of death; copy for penitentiary superinten dent. Time and mode of conveying prisoner to penitentiary. Ex-

TUESDAY, FEBRUARY 13, 1973

603

penses.--Upon a verdict or judgment of death made by a jury or a judge, it shall be the duty of the presiding judge to sentence such convicted person to death and to make such sentence in writing, which shall be filed with the papers in the case against such con victed person, and a certified copy thereof shall be sent by the clerk of the court in which said sentence is pronounced to the superinten dent of the State penitentiary, not less than 10 days prior to the time fixed in the sentence of the court for the execution of the same; and in all cases it shall be the duty of the sheriff of the county in which such convicted person is so sentenced, together with one deputy or more, if in his judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge, or if he is not available, by the ordinary of said county in which such prisoner is sentenced, to convey such con victed person to said penitentiary, not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor, or unless a stay of execution has been caused by appeal, granting of a new trial, or other order of a court of compentent jurisdiction, and the expense for transporting of said person to the penitentiary for the purpose of electrocution shall be paid by the ordinary of the county wherein the conviction was had, or the board of county commissioners, the county commissioner, or other person or persons having charge of the county funds, out of any funds on hand in the treasury of such county."

Section 10. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjiTdged invalid or unconsti tutional 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. The Supreme Court may suspend consideration of death penalty cases until January 1, 1974, or such eralier time as the court determines it is prepared to make the comparisons required under the provisions of this Act.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Connell of the 80th moved that the previous question be ordered.

An amendment, offered by Messrs. Vaughn of the 57th and Murphy of the 18th, was read and lost.

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JOURNAL OP THE HOUSE,

An amendment, offered by Mr. Hill of the 110th, was read and lost.

Two amendments, offered by Mr. Wall of the 61st, were read and lost.

The following amendment was read:

Mr. Hill of the 41st moves to amend Committee substitute to House Bill No. 12 as follows:
By inserting following the word and symbol "writing;" on line 3 of page 4, the following:
"to provide that persons sentenced to death shall be executed by public hanging upon the courthouse square in the county in which the crime was committed; to provide for the costs of trans porting prisoners;".
By striking from lines 16 and 17 on page 16, the following:
"for the purpose of electrocution".
By renumbering Sections 10, 11 and 12 as Sections 11, 12 and 13, respectively.
By inserting a new section following Section 9, to be designated Section 10, to read as follows:
"Section 10. Any other provision of law to the contrary not withstanding, in any case in which a verdict or judgment of death is entered against any person and such person is sentenced to death, such person shall be executed by public hanging upon the courthouse square in the county in which the crime was committed. It shall be the duty of the superintendent of the State penitentiary or other person having custody of such person to transport any such person sentenced to death to the county in which the crime was committed for the purposes of execution on the day preceding the date set in the sentence for the execution of such condemned person. The costs of transporting any such person to the county in which such person is to be executed shall be paid by the govern ing authority of such county from the funds of the county."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 13, 1973

605

Those voting in the affirmative were Messrs.

Beckham Bennett Blackshear Brantley, H. H. Brown, S. P. Clark Coleman Collins, M. Colwell Coney _, Dixon

Ployd, J. H. Hill, B. L. Hill, G. Hudson Irvin, J.
Jordan Lane, W. J. Mauldin McDonald McKinney Milford

Moyer Nessmith Odom Patten, R. L. Ross Shanahan Stephens
Sweat Thompson Twiggs Wall

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Berlin Berry Bohannon Bond Bray Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dollar Dorminy Duke Egan Elliott Ellis Evans Farrar

Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. P. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Jones Keyton King Knight Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C.

Matthews, D. R. McDaniell Miles Morgan Mulherin Mullinax Murphy Nix Noble Northcutt Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Shepherd Smith, J. R. Smith, V. B. Snow Strickland Thomason Toles Townsend Triplett Tucker Turner Vaughn

606
Waddle Walker Wamble

JOURNAL OF THE HOUSE,

Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Willis Wood

Those not voting were Messrs.:

Adams, J. H. Atherton Bostick Brantley, H. L. Burruss Dean, J. E. Dickey

Edwards Ezzard Grahl Hamilton Larsen, G. K. Larsen, W. W. Lewis

McCracken Reaves Savage Ware Wilson, J. M. Wilson, M. L. Mr. Speaker

On the adoption of the amendment, the ayes were SB, nays 126.

The amendment was lost.

The Committee substitute was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Beckham Bennett
Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck

Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole
Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dixon Dollar Dorminy Duke Egan Elliott Ellis Evans
Farrar Floyd, J. H. Floyd, L. B. Foster Fraser Geisinger Gignilliat Grantham

TUESDAY, FEBRUARY 13, 1973

607

Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey

Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nes smith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers

Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Berlin Blackshear Bond Brown, B. D. Brown, S. P.

Clark Collins, M. Daugherty Dean, J. E. Dent

Dickey Hill, B. L. Horton, G. T. McKinney Thompson

Those not voting were Messrs.:

Adams, J. H. Edwards Ezzard Grahl

Hamilton Larsen, G. K. Lewis

McCracken Shepherd Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 16.

608

JOURNAL OP THE HOUSE,

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

Mr. Collins of the 122nd stated that due to mechanical malfunction his vote did not properly record. He wished to be recorded as voting "aye" on the passage of HB 12, by substitute.

Mr. Grahl of the 88th stated that he had been called from the floor of the House when the roll was called on the passage of HB 12, by substitute, but had he been present would have voted "aye".

By unanimous consent, HB 12, by substitute, was ordered immediately trans mitted to the Senate.

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

HB 156. By Messrs. Brown of the 67th, Burton of the 47th, Lowrey of the 15th, Wheeler of the 13th and Larsen of the 27th:
A Bill to be entitled an Act to amend Code Section 79-A-406, relating to the annual registration of pharmacists, so as to provide education requirements as a prerequisite to the issuance of an annual certificate of registration; and for other purposes.

Mr. Twiggs of the 4th moved that HB 156 and all amendments thereto be placed upon the table.

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Berry Blackshear Bohannon Bond Bostick Brantley, H. H.

Brantley, H. L. Bray Buck Burruss Carr
Castleberry Coleman Collins, M. Colwell Coney Connell

Dean, Gib Dean, J. E. Dean, N. Dent Dollar Dorminy
Duke Egan Ellis Farrar Foster

Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Keyton King

TUESDAY, FEBRUARY 13, 1973

609

Knight Kreeger Lambert Lane, W. J. Mason Mauldin McDaniell Milford Morgan Mulherin Mullinax Nessmith Nix Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Rogers

Ross Rush Russell, W. D. Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Triplett Tucker Turner Twiggs Vaughn Walker Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Bennett Berlin Brown, C. Brown, S. P. Burton Busbee Carlisle Clark Collins, S. Davis, E. T. Dickey Elliott Floyd, L. R.

Harris, J. R. Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. McDonald McKinney Moyer Noble

Northcutt Odom Patten, G. C. Petro Pinkston Ritchie Roach Russell, J. Shepherd Thompson Toles Townsend Waddle Wall Wheeler, J. A.

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Bailey Brown, B. D. Carrell Chance Cole Daugherty Davis, W. Dixon Edwards

Evans Ezzard Floyd, J. H. Fraser Groover Hamilton Harrison Hill, B. L. Hutchinson Jones Jordan

Larsen, W. W. Lewis McCracken Miles Murphy Sams Savage Thomason Wamble Wilson, M. L. Mr. Speaker

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JOURNAL OF THE HOUSE,

On the motion to table, the ayes -were 102, nays 45.

The motion prevailed and HB 156 was placed upon the table.

Mr. Cole of the 6th stated that he had been called from the floor of the House when the roll was called on the motion to table HB 156, but had be been present would have voted "aye".

The following Resolutions of the House were read and adopted:

HR 173. By Messrs. Brown of the 34th, Alexander of the 39th, Hill of the 110th, Blackshear of the 106th and others:
A RESOLUTION
Expressing regret at the passing of Dr. Horace Mann Bond; and for other purposes.
WHEREAS, on December 21, 1972, the State lost one of its finest and most distinguished citizens in the passing of Dr. Horace Mann Bond of Atlanta; and
WHEREAS, he was a distinguished educator, having served as President of Lincoln University and Fort Valley State College; as Dean of Dillard University; as Dean of the School of Education of Atlanta University; as Chairman of the Department of Education of Fisk University and Langston University; and as Director of the Bureau of Educational and Social Research of Atlanta University; and
WHEREAS, he achieved outstanding accomplishments during his undergraduate years at Lincoln University as the President of the Athletic Association; sports editor of the college newspaper; a member of Kappa Alpha Psi fraternity; and the founder of Beta Kappa Chi Scientific Society; and
WHEREAS, he had a distinguished postgraduate career, studying at Pennsylvania State College, receiving his M.A. and Ph.D from the University of Chicago, and receiving LL.D. degrees from Lincoln and Temple Universities; and
WHEREAS, his first book, The Education of the Negro in the American Social Order, was widely acclaimed for its comprehensive analysis of the problems of Negro education in its social and economic setting; and
WHEREAS, his Ph.D thesis was published as a book entitled Negro Education in Alabama; A Study in Cotton and Steel, and was

TUESDAY, FEBRUARY 13, 1973

611

designated by the American Educational Research Association as one of the six best educational research studies published from the years 1935 to 1940; and

WHEREAS, he was a dedicated husband and father of three out standing children, Mrs. Jane Bond Moore, Mr. James George Bond, and Representative Julian Bond, the distinguished representative from the 32nd District.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express it deepest and most sincere regrets at the passing of Dr. Horace Mann Bond.

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 his widow, Mrs. Horace Mann Bond, and to his children.

HR 175. By Messrs. Smith of the 91st, Moyer of the 99th, Walker of the 100th, Waddle of the 98th and many, many others:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing addresses by Senators Herman E. Talmadge and Sam Nunn; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that Honorable Herman E. Talmadge and Honorable Sam Nunn, United States Senators from Georgia, are hereby invited to address a joint session of the House of Representative and the Senate at 11:00 o'clock a.m., March 5, 1973, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate shall be held in the Hall of the House of Representatives at 10:45 o'clock a.m. on the aforesaid date for purpose of hearing the aforesaid addresses.
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 Senators Talmadge and Nunn to the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Senator Talmadge and to Senator Nunn.

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JOURNAL OF THE HOUSE,

The following communication from His Excellency, Governor Jimmy Carter, was received and read:

EXECUTIVE DEPARTMENT Atlanta 30334
February 12, 1973

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 Constitution of the State of Georgia, I report to you as follows:

Subsequent to the adjournment of the Regular Session of the General Assembly on March 9, 1972, 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 February 25, 1972, I granted a stay of execution in the case of the State of Georgia v. DeWayne Massey. Massey was sentenced to death by electrocution on July 22, 1965, after conviction of Rape in the Superior Court of Turner County. The sentence was stayed for a period of ten (10) days from March 1, 1972, in order that Council for Massey could have additional time in which to file and proceed with prosecution of appeal, and so that the State Board of Pardons and Paroles could have additional time in which to hear and pass upon said case.

On September 13, 1972, I granted a stay of execution in the cases of the State of Georgia v. Hollis Wingo Morgan, the State of Georgia v. Michael Lloyd Morgan, and the State of Georgia v. Robert Howard. Hollis Wingo Morgan, Michael Lloyd Morgan and Robert Howard were sentenced to death by electrocution on August 23, 1972, August 19, 1972 and August 16, 1972, respectively, after conviction of Murder
in the Superior Court of Forsyth County. These sentences were stayed until such time as the Supreme Court finally acted upon the petitions for rehearing on the constitutionality of the death sentence.

Sincerely,

JC :whd

/s/ Jimmy Carter

Mr. Matthews of the 122nd arose to a point of personal privilege and addressed the House.

TUESDAY, FEBRUARY 13, 1973

613

Mr. Connell of the 80th 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 Wednesday, February 14, 1973

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. Wm. Douglas Winn, Rector, St. George's Episcopal Church, Griffin, Georgia.

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

Mr. Mauldin of the 13th, Charman of the Committee on 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 012. By Messrs. Lambert of the 97th and Greer of the 43rd:
A Bill to be entitled an Act to amend Article XIII of the Banking Laws, so as to amend Code Section 13-1401 to further define certain terms;

WEDNESDAY, FEBRUARY 14, 1973

615

to amend Code Section 13-1405 relative to the surrender of original certificates of stock and issuance of new certificates by deletion of the existing Section; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 613. By Messrs. Lambert of the 97th and Greer of the 43rd:
A Bill to be entitled an Act to amend Article I of the Banking Laws, so as to add a new section to be Section 13-207 relating to the ownership of bank shares and further to define and prescribe certain situations; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 614. By Messrs. Lee and Odom of the 114th and Adams of the 14th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to clarify the power of arrest of the Uniform Division of the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 615. By Messrs. Snow of the 1st, Lee of the 114th, Tucker of the 69th and Morgan of the 70th:
A Bill to be entitled an Act to prohibit palpable omission of duty, or willful and corrupt oppression, misconduct, or misfeasance in the dis charge of the duties by any officer of the government of any municipal corporation and to provide penalties of misdemeanor punishment and removal from office; and for other purposes.
Referred to the Committee on Judiciary.

HB 616. By Messrs. Rush of the 104th and Fraser of the 117th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the sheriff of Long County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 617. By Messrs. Howard of the 19th, McDaniell and Nix of the 20th, Hays of the 1st, Peters of the 2nd, Sams of the 83rd, Beckham of the 82nd, Duke of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to establish standards to determine what materials are harmful to minors; and for other purposes.
Referred to the Committee on Special Judiciary.

616

JOURNAL OF THE HOUSE,

HB 618. By Messrs. Savage of the 30th, Russell of the 62nd, Horton of the 56th, Ross of the 72nd, Alexander of the 39th, Patten of the 123rd, Lane of the 40th and Coney of the 89th:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to regulate the giving and receiving of campaign contributions and to provide for the reporting of all campaign expenditures; and for other purposes.
Referred to the Committee on State of Republic.

HB 619. By Messrs. Savage of the 30th, Russell of the 62nd, Tucker of the 69th, Dollar of the 63rd, Elliott of the 49th, Patten of the 123rd, Coney of the 89th and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Section 47-1002, relating to registration with the Secretary of State of certain persons aiding or opposing legislation of the General Assembly, so as to require certain persons to file financial statements; and for other purposes.
Referred to the Committee on State of Republic.

HB 620. By Mr. Connell of the 80th:
A Bill to be entitled an Act to create the Augusta-Richmond County Coliseum Authority and to authorize such Authority to acquire and maintain such facility; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 621. By Mr. Connell of the 80th:
A Bill to be entitled an Act to amend an Act creating the Augusta-Rich mond County Board of Tax Assessors, 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 622. By Messrs. Bostick of the 123rd and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions, definitions and deductions allowed estates and trusts, so as to provide for an exemption in the case of a disabled indi vidual for expenses for transportation to and from work; and for other purposes.
Referred to the Committee on Ways and Means.

WEDNESDAY, FEBRUARY 14, 1973

617

HB 623. By Messrs. Buck of the 87th, Davis of the 85th, Thompson of the 86th, King of the 85th, Pearce of the 87th and Berry of the 86th:
A Bill to be entitled an Act to amend an Act abolishing justice courts and the offices of Justice of the peace and notary public ex officio justice of the peace, so as to provide that the Municipal Court of Columbus shall be a State Court for defraying part of the cost of establishing and maintaining a County Law Library; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 624. By Messrs. Mauldin, Wheeler and Milford of the 13th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Franklin County, so as to change the provisions re lative to the compensation of the Sheriff's deputy; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 625. By Messrs. Peters of the 2nd, Bennett of the 124th, Hays of the 1st, Stephens of the 37th, Foster of the 6th, Patterson of the 64th and others:
A Bill to be entitled an Act to amend Code Title 92, relating to public revenue, so as to enact a new Code Chapter 92-70 relating to the duties of State Revenue Commissioner; and for other purposes.
Referred to the Committee on Ways and Means.

HB 626. By Messrs. Burton of the 47th, Collins of the 45th, Elliott of the 49th, Horton of the 56th, Geisinger of the 44th and Noble of the 48th:
A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to require voters to present photographic identification before voting; and for other purposes.
Referred to the Committee on State of Republic.

HB 627. By Messrs. Dickey, Brown, Coney, Pinkston, Berlin and Evans of the 89th and Moyer of the 99th:
A Bill to be entitled an Act to regulate multi-level distribution com panies; to define multi-level distribution companies; and for other purposes.
Referred to the Committee on Agriculture.

HB 628. By Messrs. Dorminy, Rainey and Hudson of the 115th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Ashburn, so as to require candidates to receive a majority

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of the votes cast to fill the nomination or office in order to be nominated or elected to such office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 629. By Messrs. Snow of the 1st, Cole of the 6th, Hays of the 1st, Peters of the 2nd and Poster of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the corporate limits of said town; to change the term of office of the town marshal; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 630. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to make certain changes therein in relation to the office of Highway Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 631. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend "The Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to amend Section 3(c) (2) excluding certain transactions from the definition of "sale at retail", "use", "storage", and "consumption"; to exclude certain definitions; and for other purposes.
Referred to the Committee on Ways and Means.

HR 167-631. By Messrs. Berlin, Brown, Coney, Evans and Pinkston of the 89th:
A Resolution authorizing the conveyance of certain property in the City of Macon, Bibb County, Georgia, to the City of Macon; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 632. By Messrs. Patten of the 124th, Collins of the 122nd, Reaves of the 124th, Greer of the 43rd, Moyer of the 99th, Hudson of the 115th, Rogers of the 128th, Harden of the 128th, Willis of the 119th, Bostick of the 123rd and others:
A Bill to be entitled an Act to amend "The Dealers in Used Motor Vehicle Parts Registration Act", so as to provide that each application for a license shall show that the used part dealer has obtained or has applied for a Sales Tax Number Certificate; and for other purposes.
Referred to the Committee on Industry.

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019

HB 633. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary, so as to change the compensation of the deputy clerk and to delete authorization for additional clerical help; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 634. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Summerville, so as to dose a, certain tract of land which is a portion of Favor Street; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 635. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Chattooga County upon an annual salary, so as to change the compen sation of the Ordinary and his clerical help; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.
HB 636. By Mr. Floyd of the 5th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to change the compen sation of the deputy sheriffs and jailer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.
HB 637. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act incorporating the City of Menlo, so as to authorize the Mayor to appoint a qualified person to serve as the judge of the Mayor's Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.
HB 638. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

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HB 639. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Chattooga County, so as to change the compensation of the Commissioner and his clerk and the warden of the public works camp; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 640. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to change the provisions relating to the demand by an accused for a trial and the discharge of certain persons accused of crimes when not tried within certain time limitations; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 641. By Messrs. Walker of the 100th, Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to change the terms of court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 642. By Messrs. Walker of the 100th and Grahl of the 88th:
A Bill to be entitled an Act to amend an Act creating the Small Claims Court in certain counties of this State (population not less than 12,800 and not more than 12,950), so as to change the provisions relative to the jurisdiction of said court and certain fees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HR 171-642. By Mr. Walker of the 100th :
A Resolution proposing an amendment to the Constitution so as to in crease the homestead exemption of the City of Perry for persons over 65 years old and to increase the maximum allowable income of such persons from a homestead exemption of $2,000 and maximum allowable income of $4,000; and for other purposes.
Referred to the Committee on Ways and Means.

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621

HB 643. By Messrs. Howard of the 19th, Duke and Nix of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to provide for the creation, membership, organization, compensation, powers and duties of a State Literature Commission; and for .other purposes.
Referred to the Committee on Special Judiciary.

HB 644. By Mr. Ployd of the 5th:
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 Rules.

HB 645. By Messrs. Buck and Pearce of the 87th, Thompson and Berry of the 86th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide certain minimum standards prerequisite to the original incorporation of a municipality . . .", so as to provide that the provisions of this Act shall be inapplicable in certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 646. By Messrs. Berlin and Evans of the 89th:
A Bill to be entitled an Act to provide for notice and hearing for pro visional remedies; to provide a short title; to define certain terms; to provide for provisional legal and equitable process under certain con ditions ; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 647. By Messrs. Kreeger and Burruss of the 21st and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Peace Officer Standards and Training Council, so as to define certain terms; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th, Alexander of the 39th, Mulherin of the 81st and Larsen of the 27th:
A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to require the Authority to make

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available for public inspection summaries of certain contracts entered into by the Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 172-648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th, Alexander of the 39th, Mulherin of the 81st and Larsen of the 27th:
A Resolution to create the Metropolitan Atlanta Rapid Transit Overview Committee; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 649. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to be entitled an Act to create a new Charter for the Town of Lake Park; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 650. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend Code Chapter 84-9 relating to the licensing of medical practitioners, so as to provide for the granting of a license without examination to certain alien licentiates of boards of other states; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 651. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, so as to extend the corporate limits thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 652. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to be entitled an Act to provide for the licensing of itinerant vendors; to provide for a license tax; to provide procedures connected therewith; to provide exceptions; to provide penalties; and for other purposes.
Referred to the Committee on Ways and Means.

WEDNESDAY, FEBRUARY 14, 1973

623

HB 653. By Messrs. Lambert of the 97th and Carrell of the 71st:
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 & Community Affairs -- Local Legislation.

HB 654. By Messrs. Lambert of the 97th and Carrell of the 71st:
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 of Morgan 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 655. By Messrs. Lambert of the 97th and Carrell of the 71st:
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 on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court, deputies or other clerical assistants of the clerk, and the Ordinary of Morgan County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 656. By Messrs. Lambert of the 97th, Mauldin, Milford and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the City of White Plains, in the County of Greene, 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 657. By Messrs. Pearce of the 87th, Thompson of the 86th, Buck of the 87th, King of the 85th and Berry of the 86th:
A Bill to be entitled an Act to amend an Act providing for a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit to be paid from the funds of Muscogee County, so as to repeal the provisions relative to reduction of such supplement; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

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HB 658. By Mr. Carr of the 90th:
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 659. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the compen sation of the sheriff, the chief deputy, the four regular deputies and the secretary to the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 660. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County, so as to change the compensation of the clerk of the superior court of Washington County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 661. By Mr. Carr of the 90th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Washington County; to prescribe the jurisdiction of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 662. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the Town of Riddleville, so as to increase the terms of office of town officials; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 663. By Mr. Eraser of the 117th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary, so as to change the compensation of the Clerk of the

WEDNESDAY, FEBRUARY 14, 1973

625

Superior Court and the compensation of the assistant to the Clerk of the Superior Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 664. By Mr. Fraser of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the City of Darien, so as to change the compensation of the mayor and members of the council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 665, By Mr. Fraser of the 117th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Ordinary of Mclntosh County and providing in lieu thereof an annual salary, so as to change the compensation of the Ordi nary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.
HB 666. By Messrs. Geisinger of the 44th, Irvin of the 23rd, Collins of the 45th, Bostick of the 123rd, Hill of the 41st, Harris of the 8th, Matthews of the 122nd, Sweat of the 125th and Burton of the 47th:
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 Judiciary.
HB 667. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to change the boundaries of certain districts; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.
HB 668. By Mr. Greer of the 43rd:
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 provide for changes in Representative Districts 29, 32, 33, 35, 36, 37, 38 and 39; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.

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HB 669. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to provide for the Department of Labor a supplemental appropriation, so as to make certain changes in Section 9 and 13 of the Employment Security Law in order to make additional funds available which are otherwise available to the Department of Labor; and for other purposes.
Referred to the Committee on Appropriations.

HB 670. By Mr. Cole of the 6th:
A Bill to be entitled an Act to provide for the assignment of the State Building Administrative Board to the Department of Human Resources for administrative purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 174-670. By Mr. Geisinger of the 44th:
A Resolution proposing an amendment to the Constitution so as to pro vide for meetings of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

HB 671. By Messrs. Morgan of the 70th, Lee of the 114th, Walker of the 100th, Hawes of the 43rd, Lambert of the 97th, Bennett of the 124th and Snow of the 1st:
A Bill to be entitled an Act to amend Code Title 50, relating to habeas corpus, so as to provide that all reasonable grounds for relief shall be raised in the original or amended petition for writ of habeas corpus; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 672. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.
HB 673. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

WEDNESDAY, FEBRUARY 14, 1973

627

HB 674. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 675. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 676. By Mr. Hill of the 41st:
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 candidates for Mayor and Councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 677. By Messrs. Wilson of the 19th, Kreeger of the 21st, Duke of the 20th, Howard of the 19th, McDaniell of the 20th, Nix of the 20th, Atherton of the 19th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Cobb County, so as to change the provisions relative to the recall of the Chairman or members of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs -- Local Legislation.

HB 678. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend Code Section 108-421, relating to certain authorized investments, so as to provide that certain obligations of farm credit institutions shall constitute valid investments for certain institutions; 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:

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HB 540. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Bill to be entitled an Act to provide for the method of filling vacancies in the membership of the Hospital Authority of Floyd County; and for other purposes.

HR 142-540. By Mr. Lane of the 40th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of each county school district who is 62 years old or older and who has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes; and for other purposes.

HB No. 541. By Mr. Davis of the 85th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to eliminate the local funds required to support the minimum foundation program of educa tion; and for other purposes.

HB 542. By Mr. Noble of the 48th:
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 insurance; and for other purposes.

HB 543. By Mr. Noble of the 48th:
A Bill to be entitled an Act to amend an Act requiring safe construction and installation of boilers and pressure vessels, so as to exempt certain water heaters; and for other purposes.

HB 546. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Rockdale County, so as to change the salary of the Commissioner; and for other purposes.

HB 547. By Mr. Vaughn of the 57th:
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 the sheriff and his deputies; and for other purposes.

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629

HB 548. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the time set for the submission of the monthly report; and for other purposes.

HB 549. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to provide for a chief deputy and his compensation; and for other purposes.

HB 550. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Ordinary of Rockdale County in lieu of the fee system, so as to change the salary of the ordinary; and for other purposes.

HB 551. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compen sation, so as to change the salary of the coroner; and for other purposes.

HB 552. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to provide that the governing authority of any municipality located wholly within certain counties (population not less than 18,100 or more than 18,250) may not rezone or otherwise change the zoning status of land which it has annexed for a period of 2 years from the date such annexation becomes effective; and for other purposes.

HB 553. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd and Walker of the 100th:
A Bill to be entitled an Act to amend the "Children and Youth Act", so as to change the penalty provisions relating to certain youthful offend ers ; and for other purposes.

HB 554. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd and Walker of the 100th:
A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to provide that the said courts shall have the jurisdiction over any child under the age of 17 years; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 555. By Messrs. Egan of the 25th, Rogers of the 128th and Harden of the 128th:
A Bill to be entitled an Act to amend the Jekyll Island-Sate Park Au thority Act, so as to change the membership of the Authority; and for other purposes.
HB 556. By Mr. Gignilliat of the 105th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide a name for the committee concerned with pro tection of the Georgia coastal marshlands; and for other purposes.

HB 557. By Mr. Berlin of the 89th:
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 allotment of teachers and other certificated professional personnel; and for other purposes.
HB 558. By Mr. Berlin of the 89th:
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 used in transporting narcotic drugs, so as to declare all such vehicles used in the commission of any crime punishable by death or by imprisonment for life or by imprisonment for more than 12 months, as contraband; and for other purposes.

HB 559. By Messrs. Berlin and Brown of the 89th:
A Bill to be entitled an Act to amend Code Chapter 24-26, relating to judges of the superior courts, so as to authorize the senior judge of the superior courts of any judicial circuit to request a judge to serve and preside in the said court of any county in the requesting judicial circuit; and for other purposes.

HB 560. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act amending Code Section 21-105, relating to fees paid coroners, so as to change the certain popu lation figures; and for other purposes.

HB 561. By Messrs. Buck of the 87th, Dixon of the 126th, Morgan of the 70th and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for the equalization of the fee on domestic wine with the tax on foreign wine; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1973

631

HB 562. By Messrs. Brown of the 89th, Matthews of the 122nd and Patten of the 123rd:
A Bill to be entitled an Act to amend the "Georgia Post Mortem Exami nation Act", so as to define coroner; to grant the coroner of each county the power to make arrests; and for other purposes.

HB 563. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver of Wheeler County, so as to provide that the Tax Commissioner may employ a clerk or assistant and that the salary of such clerk or assistant shall be fixed by the tax commissioner and paid from the county treasury; and for other purposes.

HB 564. By Messrs. Rush of the 104th and Phillips of the 103rd:
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 compen sation of the judge and solicitor of said court; and for other purposes.

HB 565. By Messrs. Rush of the 104th and Phillips of the 103rd:
A Bill to be entitled an Act to provide for the election of the Board of Education of Toombs County; to provide that the Board of Education shall be composed of five members; and for other purposes.

HB 566. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-6, relating to the registration of electors, so as to provide for the registration of electors by mail; to provide for the form of registration cards for use by applicants for registration by mail; and for other purposes.

HB 567. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to change the membership of the Board of Directors of the Authority; and for other purposes.

HB 568. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to add and provide for a chief deputy Clerk of the Criminal Court of Fulton County, and for a Director of the Traf fic Violations Bureau of the Criminal Court of Fulton County; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 143-568. By Mr. Miles of the 79th:
A Resolution compensating the Federal Bureau of Investigation; and for other purposes.

HR 144-568. By Mr. Cole of the 6th: A Resolution compensating Mr. J. R. Bennett; and for other purposes.

HR 145-568. By Mr. Cole of the 6th:
A Resolution compensating Mrs. Lillian Tuner Wood; and for other purposes.

HR 146-568. By Mr. Gignilliat of the 105th:
A Resolution compensating Mr. Marvin L. Perkins; and for other pur poses.

HR 147-568. By Messrs. Hill of the 41st and Smith of the 42nd:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resi dent home-owners in the City of College Park who are under the age of 65 in an amount of $2,000; and for other purposes.

HB 569. By Messrs. Dean of the 60th, Bennett of the 124th and Buck of the 87th:
A Bill to be entitled an Act to amend an Act making Georgia a party of the Interstate Agreement on Detainers, so as to change the word "unlawful" to the word "lawful" in Section 5 of said Act so as to clarify the meaning of the Section; and for other purposes.

HB 570. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to provide for the filling of vacancies in the offices of ordinary, clerk of the superior court and sheriff in certain counties of this State (population not less than 65,500 and not more than 73,500); and for other purposes.

HB 571. By Messrs. Snow of the 1st, Lee of the 114th, Hays of the 1st, Sams of the 83rd, Groover of the 75th, Bennett of the 124th, Dean of the 60th and Hawes of the 43rd:
A Bill to be entitled an Act to amend Code Section 56-1504, relating to corporate charters for stock and mutual insurers, so as to provide that

WEDNESDAY, FEBRUARY 14, 1973

633

the duration of corporate charters of stock shall be perpetual unless otherwise limited in the application for charter by those individuals qualified to incorporate a mutual insurer; and for other purposes.

HB 572, By Messrs. Snow of the 1st, Cole and Foster of the 6th and Hays of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Chickamauga, so as to change the corporate limits of said city; and for other purposes.

HB 573. By Messrs. Snow of the 1st, Cole and Foster of the 6th and Hays of the 1st:
A Bill to be entitled an Act to amend an Act creating the State Court of Walker County, so as to change the compensation and the expense allowances of the judge and solicitor of said court; and for other purposes.

HB 574. By Messrs. Wilson of the 19th, Nix of he 20th, Kreeger and Burruss of the 21st, McDaniell and Duke of the 20th and Atherton of the 19th:
A Bill to be entitled an Act to provide that the homestead of each resi dent of the Independent School District of the City of Marietta who is 62 years of age and has an income not exceeding $6,000 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system; and for other purposes.

HB 575. By Messrs. Wilson of the 19th, Nix of the 20th, Kreeger of the 21st, Burruss of the 21st, McDaniell of the 20th, Duke of the 20th and Ather ton of the 19th:
A Bill to be entitled an Act to provide that the homestead of each resi dent of the Cobb County School District 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 pur poses levied for and in behalf of such school system; and for other purposes.

HB 576. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend Code Title 84, relating to profes sions, businesses and trades, so as to comprehensively revise the laws relating to the regulation of real estate brokers and salesmen; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 577. By Messrs. Alexander of the 39th, Larsen of the 27th, Egan of the 25th, McKinney of the 35th and Horton of the 43rd:
A Bill to be entitled an Act to provide that the homestead of each resi dent of the Independent School District of the City of Atlanta who is 62 years old or older and who has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes; and for other purposes.

HB 578. By Messrs. Brown, Dickey, Coney and Pinkston of the 89th, Groover of the 75th and Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Bibb County Water and Sewerage Authority Act", so as to change the name of the authority; to change the membership of the Authority and provide for elected and appointed members thereof; and for other purposes.

HB 579. By Messrs. Lee and Odom of the 114th:
A Bill to be entitled an Act to provide for the establishment of the Georgia Crime Information Center; and for other purposes.

HB 580. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend the "Uniform Reciprocal Enforce ment of Support Act", so as to provide that the District Attorney shall represent the plaintiff under the provisions of said Act where the obligee is a dependent child or the obligees are dependent children; and for other purposes.

HB 581. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the official court reporter; and for other purposes.
HB 582. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act providing for two additional court reporters for certain judicial circuits and providing for additional secretarial and clerical help in such circuits, so as to authorize the judges of said judicial circuits to employ additional court reporters; and for other purposes.
HB 583. By Mr. Harris of the 51st:
A Bill to be entitled an Act to provide for a supplement to the compensa tion, expenses and allowances of the judge of the superior court of the Stone Mountain Judicial Circuit; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1973

635

HB 584. By Mr. Harris of the 51st:
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; and for other purposes.

HB 585. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation, so as to exempt certain municipalities from the provisions of said Code Section; and for other purposes.

HB 586. By Messrs. Williams, Wood and Whitmire of the 9th: v*
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the use of fair market value as determined for county ad valprem tax purposes by municipal tax assessors, so as to provide for additional exceptions; and for other purposes.

HB 587. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the requirement that municipality tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation, so as to exempt certain municipalities from the provisions of said Code Section; and for other purposes.

HB 588. By Messrs. Ezzard of the 29th and Hawes of the 43rd:
A Bill to be entitled an Act to amend Section 23-1705(3) of the Code of Georgia of 1933, so as to increase from $1,000 to $5,000 the amount of total contract price for which no such bonds are required; and for other purposes.

HB 589. By Mr. Hill of the 110th, Mrs. Clerk of the 55th, Messrs. Bond of the 32nd, Alexander of the 38th, Dean of the 54th, Brown of the 34th and McKinney of the 35th:
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 pur poses.

HB 590. By Messrs. Snow and Hays of the 1st, Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the number of councilmen; to provide for the

636

JOURNAL OF THE HOUSE,

appointment of the city clerk, treasurer and tax collector; and for other purposes.

HB 591. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to provide for the submission to the Clerks of the Superior Courts certain data pertaining to traffic violations; and for other purposes.

HB 592. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia defining the terms of the Code relating to the texation of net income, so as to conform their meanings to the meanings such terms have in the U. S. Internal Revenue Code of 1954; and for other purposes.

HB 593. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend an Act concerning the secrecy required of employees of the Revenue Department to have access to tax information when working with data processing equipment wherein such information is stored; and for other purposes.

HB 594. By Messrs. Geisinger of the 44th, Marcus of the 26th, Larsen of the 27th, Horton of the 43rd, Brown of the 34th, Hawes of the 43rd and Greer of the 43rd:
A Bill to be entitled an Act to prohibit the cutting, digging, pulling up and removal of certain rare speciments of plant life from public lands within this State; and for other purposes.

HB 595. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
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.

HB 596. By Messrs. Reaves of the 124th, Hudson of the 115th, Lane of the 40th, Grantham of the 127th, Collins of the 122nd, Matthews of the 122nd, Bostick of the 123rd, Carr of the 90th, Keyton of the 121st and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, so as to authorize the purchase and sale of commercially raised freshwater trout; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1973

637

HR 149-596. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner; and for other purposes.

HB 597. By Messrs. Geisinger of the 44th and Collins of the 45th:
A Bill to be entitled an Act to amend an Act regulating the sale of ad mission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket, so as to include hockey games or any other athletic con test; and for other purposes.

HR 150-597. By Messrs. Alexander of the 39th, Larsen of the 27th, Egan of the 25th and Marcus of the 26th:
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 House of Representatives to be effective after the U. S. Decennial Census of 1980; and for other purposes.

HB 598. By Mr. Daugherty of the 33rd:
A Bill to be entitled an Act to amend an Act declaring as contraband and subject to confiscation and condemnation all vehicles and convey ances of every kind, so as to make said Act applicable to violations of the "Uniform Narcotic Drug Act"; and for other purposes.

HB 599. By Mr. Daugherty of the 33rd:
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 condemna tion of merchandise; and for other purposes.

HB 600. By Messrs. Lee, Busbee, Hutchinson and Odom of the 114th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.

HB 601. By Messrs. Grantham and Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Camden County into the office of the

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JOURNAL OF THE HOUSE,

tax commissioner of Camden County, so as to change the provisions relating to personnel of the tax commissioner; and for other purposes.

HB 602. By Mr. Hill of the 110th:
A Bill to be entitled an Act to provide for the suspension of the duty to pay rent for dwellings certified to be unfit for human habitation by the county health departments in all counties of this State; and for other purposes.

HB 603. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wood of the 9th, Hays of the 1st and Moyer of the 99th:
A Bill to be entitled an Act to enact the Interstate Civil Defense and Disaster Compact; and for other purposes.

HB 604. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to provide for certain rights and responsibili ties of blind or visually handicapped persons and persons who are other wise physically disabled; and for other purposes.

HR 152-604. By Messrs. Burruss of the 21st, Wilson of the 19th, McDaniell, Nix and Duke of the 20th, Howard and Atherton of the 19th:
A Resolution authorizing the State Properties Control Commission to lease certain real property located in Cobb County, to the City of Marietta; and for other purposes.

HR 153-604. By Mr. Lane of the 76th: A Resolution compensating Curtis Youngblood Ford, Inc. and Mrs. Linda Lanier; and for other purposes.
HR 154-604. By Messrs. Smith of the 91st, Murphy of the 18th, and Colwell of the 4th:
A Resolution approving the Purchase Bid of Stone Fort Land Company (a Tennessee Corporation) ; and for other purposes.
HB 605. By Messrs. Moyer of the 99th, Ware of the 65th, Hays of the 1st, Mullinax of the 65th, Dean of the 17th, Brown, Pinkston, Coney and Dickey of the 89th, Wood of the 9th, and others:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to provide for the issuance of permanent honorary hunting licenses to certain disabled veterans; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1973

639

HB 606. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to authorize boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators and other employees against liability for damage in specified instances; and for other pur poses.

HB 607. By Messrs. Reaves of the 124th, Carr of the 90th, Rush of the 104th, Hudson of the 115th and Collins of the 122nd:
A Bill to be entitled an Act to amend the Dead Animal Disposal Act, so as to delete the provisions of said Act which make the Act applicable only to animals which die with an infectious, contagious or communicable disease or which have been killed because of being infected with such disease; and for other purposes.

HB 608. By Messrs. McDaniell of the 20th, Burruss of the 21st, Wilson of the 19th, Matthews of the 122nd, Patten of the 123rd, Lane of the 40th and Nix of the 20th:
A Bill to be entitled an Act to limit the doing of business on both the two consecutive days of Saturday and Sunday; and for other purposes.

HB 609. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to fix the compensation of the judges of said court; and for other purposes.
HB 610. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to provide that the cost provided for such court shall be inclusive of all cost which might be collected for providing funds for the purchase of law books, reports, texts and periodicals for a county law library; and for other purposes.

HR 155-610. By Mr. Grantham of the 127th: A Resolution compensating Mr. E. W. Williams; and for other purposes.

HR 156-610. By Mr. Grantham of the 127th:
A Resolution compensating Mrs. Carrie K. 'Meeks; and for other pur poses.

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JOURNAL OF THE HOUSE,

HB 611. By Messrs. Adams of the 14th, Shanahan of the 7th, Hays of the 1st, Dean of the 17th, Rainey of the 115th, Russell of the 53rd, Mauldin of the 13th, Toles of the 16th, Lowrey of the 15th, 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 and revocation of drivers' licenses, so as to provide that a new license shall not be issued unless the holder of an honorary driver's license specifically requests a new license in lieu of his honorary license; and for other purposes.

SB 42. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act creating the office of judge of the superior courts emeritus, so as to change the provisions relative to widow's benefits; and for other purposes.

SB 56. By Senators London of the 50th and Overby of the 49th:
A Bill to be entitled an Act to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property; and for other pur poses.

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 13. Do Pass. HB 377. Do Pass, by Substitute. HB 412. Do Pass, as Amended. HB 413. Do Pass, as Amended.
Respectfully submitted, Snow of the 1st District, Chairman.
Mr. Smith of the 74th 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

WEDNESDAY, FEBRUARY 14, 1973

641

Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 21. Do Pass, by Substitute. HB 399. Do Pass. HB 401. Do Pass. HB 220. Do Pass, by Substitute. HB 400. Do Pass. HB 406. Do Pass. HB 478. Do Pass. HB 398. Do Not Pass. HB 404. Do Not Pass. HB 22. Do Pass. HB 245. Do Pass, as Amended.

Respectfully submitted, Smith of the 74th District, Chairman.

Mr. Rainey of the 115 District, Chairman of the Committee on Recreation, submitted the following report:
Mr. Speaker:
Your Committee on Recreation 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 268. Do Pass, by Substitute.
Respectfully submitted, Alien of the 108th, Secretary.

Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following

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JOURNAL OF THE HOUSE,

Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 154. Do Pass, by Substitute. Respectfully submitted, Buck of the 84th, Chairman.

Mr. Roach of the 8th 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 358. Do Pass. HB 386. Do Pass. HR 111-430. Do Pass. HB 280. Do Pass. HB 111. Do Pass, by Substitute. HR 103-332. Do Pass.
Respectfully submitted, Roach of the 10th, Chairman.

Mr. Colwell of the 4th 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 154-604. Do Pass.

Respectfully submitted,

Toles of the 16th,

Secretary.

Mr. Levitas of the 50th District, Chairman of the Committee on State

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643

Planning and Community Affairs, (Local Legislation) 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 454. Do Pass.

HB 457. Do Pass.

HB 461. Do Pass.

HB 484. Do Pass.

HB 486. Do Pass.

HB 487. Do Pass.

HB 488. Do Pass.

HB 489. Do Pass.

HB 490. Do Pass.

HB 491. Do Pass.

HB 492. Do Pass.

HB 493. Do Pass.

HB 494. Do Pass.

HB 495. Do Pass.

HB 496. Do Pass.

HB 497. Do Pass.

Respectfully submitted,

Levitas of the 59th,

Chairman.

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

HB 454. By Messrs. Buck and Pearce of the 87th, Berry and Thompson of the 86th and Adams of the 84th:
A Bill to be entitled an Act to further define and prescribe the powers and duties of the Columbus Airport Commission and the exercises thereof and to enlarge same; and for other purposes.

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

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JOURNAL OF THE HOUSE,

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

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

HB 457. By Messrs. Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensating the Coroner 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 461. By Messrs. Matthews and Collins of the 122nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Riverside, so as to change the maximum amount of ad valorem taxation which the major and aldermen may levy and collect; and for other purposes.

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

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

HB 484. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Wilkes 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.

WEDNESDAY, FEBRUARY 14, 1973

645

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

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

HB 486. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, as amended, so as to change the the compensation provisions relating to 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 487. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County, as amended, so as to repeal Section 16A of said Act authorizing the Board of Commissioners to pay an annual salary to the assistant to 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 488. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to change the number of members of the Montgomery County Board of Education from five to seven; to provide that the additional two will be members at large, 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 110, nays 0.

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

HB 489. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Montgomery County, as amended, so as to change the compensation of the tax commissioner; and for other purposes.

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

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

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

HB 490. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of tax commissioner, tax receiver and county treasurer of Wheeler County, as amended, so as to change the provisions relative to the compensation of the county treasurer of Wheeler 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 491. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to provide for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County; and for other purposes.

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647

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

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

The Bill, having received the requisite constitutional majority, was passed.
HB 492. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act establishing the City Court of Soperton, 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 110, nays 0.

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

HB 493. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to provide for the yearly compensation for the Ordinary of Treutlen County, in addition to fees which he now receives; and for other purposes.

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

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

HB 494. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Treutlen County, on a salary system in lieu of the fee system, so as to change the compensation of the sheriff and his deputy; 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 110, nays 0.

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

HB 495. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Stephens County, so as to change the provision relative to the compensation of the employees; to provide an effective date; and for other purposes.

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

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

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

HB 496. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provision relative to the compensation of deputies and the secretary; to provide an effective date; and for other purposes.

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

HB 497. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Stephens County on an annual salary, so as to change the provisions

WEDNESDAY, FEBRUARY 14, 1973

649

relative to the compensation of the Clerk appointed by the Ordinary; to provide an effective date; and for other purposes.

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

On the passage of the Bill, the ayes were 110, 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 following Bills of the House and Senate, to-wit:

SB 115. By Senator Kidd of the 25th:
A Bill to amend an Act creating an Employees' Suggestion and Awards Board, as amended, so as to redefine the term "Employees' Suggestion and Awards Program".

HB 9. By Mr. Murphy of the 18th:
A Bill to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain, so as to change the provisions relating to continuing or delaying a hearing before the special master.

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

HB 15. By Mr. Harris of the 51st:
A Bill to amend Code Section 113-1206, relating to nonresident executors of the will of the deceased citizens of Georgia, so as to provide that where the will nominates an out of State executor or co-executor, the ordinary may relieve the nominated executor from the requirements of giving bond.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

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JOURNAL OF THE HOUSE,

HB 7. By Mr. Murphy of the 18th:
A Bill 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 purposes.

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

HR 148. By Messrs. Jones of the 109th, Gignilliat of the 105th, and Chance of the 112th, and others:
A Resolution commending Dr. Henry L. Ashmore.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 66. By Senators London of the 50th and Webb of the llth: A Resolution commending the Criminal Law Study Committee.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on State of Republic:

SB 115. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating an Employees' Suggestion and Awards Board, as amended, so as to redefine the term "Employees' Suggestion and Awards Program"; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 7. By Mr. Murphy of the 18th: 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 purposes; and for other purposes.

The following Senate amendment was read: Amend HB 7 by inserting in line 25 on page 1, after the phrase

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651

"extra-ordinary session thereof," and before the phrase "unless the party" the phrase "except any session adjourned sine die,".

Mr. Murphy of the 18th moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Burton Bosbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T.
Davis, W. Dean, N. Dent Dickey

Dollar Dorminy Duke Egan Floyd, J. H. Floyd, L. R. Foster Fraser Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton Howard Hudson Hutchinson Irvin, J. Irwin Jessup
Johnson Jones Jordan Keyton King Kreeger Lane, D. Lane, W. J. Larsen, W. W. Lee, W. S. Logan Lowrey Marcus Matthews, C. Mauldin McDaniell

MeKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Odom Patten Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Russell, J. Sams Savage
Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Thomason Thompson Toles Townsend Tucker
Turner Twiggs Waddle

652
Walker Wall Wamble

JOURNAL OF THE HOUSE,

Ware Wheeler, Bobby Willis

Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Adams, J. H. Beckham Brown, C. Carr Daugherty
Dean, Gib Dean, J. E. Dixon Edwards Elliott Ellis Evans Ezzard
Farrar Geisinger Gignilliat Groover

Hamilton Hawes Hill, G. Horton, W. L. Howell Irvin,R. Knight Lambert Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Mason Matthews, D. R. McCracken McDonald Mullinax

Noble Northcutt Oxford Patten, G. C. Roach Rush
Russell, W. D. Sweat Triplett Vaughn Wheeler, J. A. Whitmire Williams Wood !Mr. Speaker

On the motion, the ayes were 131, nays 0.

The Senate amendment to HB 7 was agreed to.

Messrs. Wood, Whitmire and Williams of the 9th stated that they had been called from the floor of the House when the roll was called on the motion to agree the Senate amendment to HB 7. Had they been present, they would have each voted "aye".

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

HB 15. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Section 113-1206, relating to nonresident executors of the will of the deceased citizens of Georgia, so as to provide that where the will nominates an out of State executor or co-executor, the ordinary may relieve the nominated executor from the requirements of giving bond; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 113-1206, relating to nonresident executors of the will of deceased citizens of Georgia, as

WEDNESDAY, FEBRUARY 14, 1973

653

amended, so as to provide that where the will specifically recognizes that the nominated executor or co-executor is a nonresident of the State and relieves him from giving bond, the Ordinary, acting within his discretion, may relieve the nominated executor or co-executor from the requirement of giving bond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 113-1206, relating to nonresident executors of the will of deceased citizens of Georgia, as amended, is hereby amended by adding to the end of said Code Section the following:

"Where the will nominates a natural person as executor or coexecutor who at the time of qualifying is a nonresident of the State and relieves him from giving bond, the Ordinary, acting within his discretion, may relieve the nominated executor or co-executor from the requirement of giving bond.",

so that when so amended, Code Section 113-1206 shall read as follows:

"113-1206. A citizen of another State or territory of the United States may be nominated and act as executor or co-executor of the will of a deceased citizen of Georgia, provided such non resident shall, before he is qualified to act, be required to give bond in good security in a sum equal to a sum double the amount of such estate, payable to the Ordinary of the county before whom he may qualify in this State. The securities shall be resident citizens of this State, and liable to be sued and proceeded against, in the first instance, for any default, liability or mismanagement on the part of such nonresident executor, without joining such executor in said suit. Where the will nominate a natural person as executor or co-executor who at the time of qualifying is a nonresident of the State and relieves him from giving bond, the Ordinary, acting within his discretion, may relieve the nominated executor or coexecutor from the requirement of giving bond."

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

Mr. Harris of the 51st moved that the House agree to the Senate substitute!

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

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H.

Alien Alexander, W. M. Atherton

Bailey Bennett Berlin

654
Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Grahl Grantham

JOURNAL OF THE HOUSE,

Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison
Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson
Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W.J. (Bill) Lee, W. S.
Lowrey Marcus Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith

Nix Odom Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Rogers
Russell, J. Sams Savage Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Town send Triplett Tucker Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Beckham Can-
Cole Daugherty Dean, Gib Dean, J. E.

Edwards Elliott Ellis Evans Farrar Geisinger Gignilliat Hamilton

Hawes Hill, G. Howell Irvin, R. Knight Lambert Levitas Lewis

WEDNESDAY, FEBRUARY 14, 1973

655

Logan Mason Matthews, D. R. McCracken Mullinax Noble Northcutt

Oxford Patten, G. C. Phillips, L. L. Roach Ross Rush Russell, W. D.

Shanahan Turner Vaughn Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 137, nays 0.

The Senate substitute to HB 15 was agreed to.

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Motor Vehicles for further study:
HB 244. By Messrs. Brown of the 89th, Adams of the 36th, Dickey and Berlin of the 89th:
A Bill to be entitled an Act to revise, classify, consolidate and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; and for other purposes.

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

HB 354. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act known as "The Building and Loan Act", so as to provide that no court shall grant a new charter to any State-chartered association nor any renewals or amendments to any existing charters of any State-chartered association without the prior written approval of the Georgia Building & Loan Commis sioner; and for other purposes.

The report of the Committee, which was favorable 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:

656

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs,

Adams, 6. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Burton Busbee Carrell Castleberry Chance Clark Coleman Collins, S. Coney Connell Dent Dickey Dixon Dollar Dorminy Duke Egan Floyd, J. H. Floyd, L. R. Fraser Grahl Grantham

Greer Groover
Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson
Irvin, J. Irwin, J. R.
Jessup Johnson Jones Jordan Keyton Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Mauldin McDaniell McKinney Miles Milford
Morgan Moyer Mulherin Murphy Nessmith

Nix Odom Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett
Tucker Turner Twiggs Waddle Walker
Wall Wamble Ware Wheeler, Bobby Willis Wilson, M. L. Wood

Those not voting were Messrs. :

Adams, J. H. Bailey Beckham Bostick Brown, C. Carlisle Carr Cole

Collins, M. Colwell Daugherty
Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Edwards Elliott Ellis Evans Ezzard
Farrar Foster Geisinger

WEDNESDAY, FEBRUARY 14, 1973

657

Gignilliat Hamilton Hill, G. Howell Irvin, R. King Knight Lambert Larsen, G. K. Lee, W. J. (Bill)

Lewis Mason Matthews, D. R. McCracken McDonald Mullinax Noble Northcutt Oxford Patten

Roach Rush Russell, J. Russell, W. D. Vaughn Wheeler, J. A. Whitmire Williams Wilson Mr. Speaker

On the passage of the Bill, the ayes were 126, nays 0.

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

Mr. Oxford of the 101st stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 354, but had he been present would have voted "aye".

HB 355. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to prohibit any person, firm or corporation from advertising seeking to induce any person to purchase an instru ment comparable to an insured deposit or share account in any bank, savings and loan association, when the instrument does not possess comparable insurance coverage as determined by the Commissioner of 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 Bailey Beckham

Berry Blackshear Bond
Brantley, H. H. Bray Brown, B. D. Brown, S. P. Burruss

Burton Busbee Carlisle
Carr Carrell Chance Clark Cole

658
Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dizon Dorminy Duke Farrar Floyd, L. R. Fraser Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Hays Hoi-ton, G. T. Hudson Hutchinson Irvin, J. Jessup Johnson Jones

JOURNAL OF THE HOUSE,

Jordan King Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Mulherin Murphy Nix Northcutt Odora Patten, G. C. Patten, R. L. Pearce Phillips, G. S. Phillips, L. L. Pinkston Rainey

Ritchie Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Toles Triplett Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Berlin Bohannon Bostick Castieberry Coleman Collins, S. Colwell Dollar Egan

Foster Geisinger Groover Harrison Horton Irwin, J. R. Larsen, G. K. Larsen, W. W. Patterson

Peters
Reaves Savage Thompson Tucker Turner Twiggs Waddle

Those not voting were Messrs.:

Adams, J. H. Atherton Bennett Brantley, H. L. Brown, C. Buck Collins, M. Daugherty Dean, Gib

Edwards Elliott Ellis Evans
Ezzard Floyd, J. H. Gignilliat Hamilton Hawes

Hill, B. L. Hill, G. Howard Howell Irvin,R. Keyton Knight Lane, Dick Le vitas

WEDNESDAY, FEBRUARY 14, 1973

659

Lewis Logan Marcus Mason McCracken Moyer

Mullinax Nessmith Noble Oxford Petro Roach

Russell, W. D. Strickland Thomason Townsend Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 109, nays 26.

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

Messrs. Oxford of the 101st and Levitas of the 50th stated that they had been called from the floor of the House when the roll was called on the passage of HB 355, but had they been present would have voted "nay" on its passage.

Mr. Larsen of the 102nd served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional ma jority to HB 355.
'Mr. Bostick of the 123rd arose to a point of personal privilege and addressed the House.
Mr. Jones of the 109th arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 352. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st: A Bill to be entitled an Act to amend Code Section 109-302, relating to powers of corporations chartered by superior courts, so as to provide that any corporation may act in a limited fiduciary capacity with the approval of the Commissioner 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.

660

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Bailey Brantley, H. H. Brantley, H. L.
Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Chance Coney, D. Connell Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Floyd, L. R. Grahl Grantham

Harden Harrington Harris, J. R. Hays Howard Hudson Hutchinson Jessup Jones Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Mulherin Murphy Nessmith
Nix Odom
Oxford

Patten, G. C. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickalnd Sweat Thomason Toles Triplett Wall Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Berlin Bohannon Burton Castleberry
Cole
Coleman Collins, S. Davis, E. T.
Ellis
Foster
Praser
Groover

Harris, J. F. Harrison Hill, G. Horton Johnson King Larsen, G. K. Larsen, W. W.
Le vitas
Lewis
Morgan
Mullinax

Patten Patterson Phillips, G. S. Ritchie Russell, W. D. Thompson Tucker Turner
Twiggs
Walker

WEDNESDAY, FEBRUARY 14, 1973

661

Those not voting were Messrs.:

Adams, J. H. Atherton Beckham Bennett Berry Blackshear Bond Bostick Brown, B. D. Carrell Clark Collins, M. Colwell Daugherty Dean, Gib Dean, J. E. Edwards Egan

Elliott Evans Ezzard Parrar Floyd, J. H. Geisinger Gignilliat Greer Hamilton Hawes Hill, B. L. Horton Howell Irvin, J. Irvin, R. Irwin Jordan Knight

Marcus Mason McCracken McKinney Moyer Noble Northcutt Pearce Peters Petro Phillips, L. L. Reaves ToWnsend Vaughn Waddle Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 91, nays 34.

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

Mr. Levitas of the 60th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 352.
HB 410. My Messrs. Walker of the 100th, Wilson of the 94th, Waddle of the 98th and others:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that all cities and local au thorities may adopt all or a portion of the "Uniform Act Regulating Traffic on Highways"; and for other purposes.

The report of the Committee, which was favorable 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

662
Atherton Bailey Beckham Bennett, J. T. Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N.
Dent
Dickey
Dixon
Dollar
Duke
Egan
Elliott
Ellis
Evans
Ezzard
Floyd, L. R.
Foster

JOURNAL OF THE HOUSE,

Gignilliat Grahl Grantham Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hutehinson Irwin Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Matthews, C. Matthews, D. R.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith

Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Pearce Peters Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Dorminy Fraser

Groover

Ross

Phillips, L. L.

WEDNESDAY, FEBRUARY 14, 1973

Those not voting were Messrs.:

Adams, J. H. Bostick Buck Colwell Daugherty Dean, Gib Edwards Farrar Floyd, J. H. Geisinger

Greer Hamilton Hawes HiU, G. Howell Hudson Irvin, R. Keyton Levitas Lewis

Mason McCracken Northcutt Patterson Petro Reaves Savage Strickland Townsend Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 5.

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

Mr. Groover of the 75th stated that he had inadvertently voted "nay" and had intended to vote "aye" on the passage of HB 410.

HB 163. By Messrs. Ware of the 65th, Strickland of the 116th, Knight of the 65th and others:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of a motor fuel tax and exemptions therefrom, so as to pro vide for a certain exemption from the motor fuel taxes; to provide the conditions for nonhighway purposes, shall not be subject to the motor fuel tax; and for other purposes.
The following substitute, offered by Ware of the 65th, was read and adopted.
A BILL
To be entitled an Act to amend Code Chapter 92-14, relating to motor fuel taxes, and known as the "Motor Fuel Tax Law", as amended, so as to provide for a definition of compressed petroleum gas; to pro vide for a certain exemption from the motor fuel taxes; to provide the procedures connected therewith; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 92-14, relating to motor fuel taxes, and known as the "Motor Fuel Tax Law", as amended, is hereby amended by adding at the end of Code Section 92-1402, relating to definitions, a new subsection (Q), to read as follows:

664

JOURNAL OP THE HOUSE,

"(Q) 'Compressed Petroleum Gas' shall mean and include all liquid petroleum products composed of Propane, Propylene, Butanes, Butylenes and any mixture thereof as determined by test method ASTM D-2163-66, Natural Gas Processors Association, Liquefied Petroleum Specifications, 1966 revision."

Section 2. Said Chapter is further amended by inserting between paragraphs (1) and (2) of subsection (E) of Code Section 92-1403, re lating to the levy of the motor fuel tax and exemptions therefrom, a new paragraph (1A), to read as follows:

"(1A) The sale of compressed petroleum gas (as specified in subsection (Q) of Section 92-1402 of this Chapter) shall be exempt from the motor fuel tax imposed by Section 92-1403 (A) (1) of this Chapter when such compressed petroleum gas is sold to an ultimate consumer who, at the time of the sale, has no highway use for such fuel. Sales of compressed petroleum gas (as specified in subsection (Q) of Section 92-1402 of this Chapter) to any person who pur chases for the purpose of reselling such fuel or to consumers who have both highway and nonhighway uses of such fuel are not tax exempt under this Section. In order for such persons to purchase or use such fuel tax exempt, they must become licensed as a dis tributor of such motor fuel under subsection (B) of Section 921403 of this Chapter."

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.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett

Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C.

Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance

WEDNESDAY, FEBRUARY 14, 1973

665

Clark Cole Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L.

Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom

Oxford Patten, G. C. Patten, R. L. Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Adams, J. H. Bray Coleman Daugherty Dean, Gib Geisinger Gignilliat Hamilton

Irvin, R. Larsen, W. W. Mason McCracken Patterson Petro Pinkston

Reaves Savage Shepherd Strickland Townsend Wislon, M. L. Mr. Speaker

666

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 158, nays 0.

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

HB 349. By Mr. Vanghn of the 57th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purposes of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, so as to provide that the Fiscal Division of the De partment of Administrative Services shall make computations and payments of the individual municipal grants; and for other purposes.
The report of the Committee, which was favorable 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 Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee

Carlisle Carr Castleberry Chance Clark Coleman Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dollar Duke Edwards Egan Elliott Evans Ezzard Floyd, L. R. Floyd, J. H. Foster

Fraser Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L.. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin Irwin Johnson Jones Jordan Keyton King

WEDNESDAY, FEBRUARY 14, 1973

667

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Northcutt

Odom Oxford Patten, G. C. Patten, R. L. Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B.
Snow Stephens

Stirckland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware WTheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Adams, J. H. Buck Carrell Cole Collins, M. Collins, S. Daugherty Dean, Gib Dickey Dorminy Ellis Farrar Geisinger

Gignilliat Groover Hamilton Hill, G. Irvin, R. Jessup Knight Larsen, W. W. Lewis Logan Mason Matthews, D. R. McCracken

Mullinax Murphy Noble Patterson Pearce Petro Phillips, G. S. Smith, J. R. Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 143, nays 0.

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

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

668

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The House was called to order by the Speaker.

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

HB 5. By Mr. Murphy of the 18th:
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 accredited law schools shall not be required to stand or pass a Georgia Bar Ex amination; and for other purposes.

The following amendment was read and adopted:
Mr. Berlin of the 89th moves to amend HB 5 by striking the words in lines 17 and 18 "located within the State of Georgia" and adding after the word "graduate" on line 17 the words "and a bona fide resi dent of the State of Georgia".

The following amendment was read:
Mr. Alexander of the 38th moves to amend HB 5 by adding on line 17, after the word "any" the words "citizen of the State of Geor gia who is a".

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 Beckham Bennett Bond Brantley, H. H. Brown, B. D. Carlisle Carrell Clark Davis, W.

Dent Duke Egan Farrar Harrington Harris, J. R. Horton, G. T. Horton, W. L. Howard Irvin, J. Jessup

King Kreeger Larsen, G. K. Levitas Logan Mauldin McKinney Miles Mulherin Nix Oxford

WEDNESDAY, FEBRUARY 14, 1973

669

Petro Phillips, L. L. Russell, J. Russell, W. D.

Savage Smith, V. B. Thompson Vaughn

Wamble Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Bailey Berlin Blackshear Bohannon Brantley, H. L.
Bray Brown, C. Brown, S. P. Burton Carr Castleberry Chance Cole Coleman Collins, M. Collins, S. Davis, E. T. Dean, N. Dickey Dorminy Edwards Elliott Ellis Evans Floyd, J. H. Foster Fraser Geisinger Grahl

Grantham Groover Harden Harris, J. F. Harrison Hawes Hays Hill, B. L. Howell Hudson Hutchinson Irwin Johnson Jones Jordan Keyton Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lowrey Marcus Mason Matthews, C. McDaniell Milford Morgan Moyer Murphy Nessmith Northcutt

Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Ross Rush Sams Shanahan Smith, J. R. Stephens Thomason Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Berry Bostick Buck Burruss Busbee Colwell Connell Daugherty Dean, Gib Dean, J. E. Dixon

Dollar Ezzard Floyd, L. R. Gignilliat Greer Hamilton Hill, G. Irvin, R. Knight Lewis Matthews, D. R. McCracken McDonald

Mullinax Noble Odom Pearce Reaves Shepherd Snow Strickland Sweat Townsend Ware Williams Mr. Speaker

670

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 43, nays 97.

The amendment was lost.

The following amendment was read:
Mr. Vaughn of the 57th moves to amend HB 5 by adding sub-para graph (h) to Section 1 to read:
(h) Notwithstanding any other statute or rule of law, any gradu ate of a four (4) year college or university with a A.B., B.S. or any other degree and shall thereafter attend a law school of this State and receive not less than an L.L.B. degree shall not be required to stand or pass a Georgia Bar Examination and shall be admitted to the State Bar of Georgia.

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Bailey Beckham Bennett Blackshear Bond Bostick Brown, B. D. Burton Carlisle Carr Carrell Cole Collins, M. Collins, S. Connell Davis, E. T. Davis, W. Dean, N. Dent Ellis Parrar Floyd, J. H. Greer Harrington

Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson, Ted Irvin, J. Johnson Jordan King Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Mason Matthews, D. R. McKinney Miles Milford Morgan

Mulherin Nix Noble Northcutt Odom Oxford Patten, R. L. Peters Petro Phillips, L. L. Rainey Ritchie Russell, J. Russell, W. D. Sams Savage Smith, V. B. Snow Sweat Thompson Vaughn Wamble Wheeler, Bobby Wilson, J. M.

WEDNESDAY, FEBRUARY 14, 1973

671

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Berlin Bohannon Brantley, H. H. Bray Brown, C. Brown, S. P. Castleberry Chance Clark Coleman Dickey Dixon Dorminy Duke Edwards Egan Elliott Evans Foster

Fraser Geisinger Grahl Groover Harden Harris, J. F. Harrison Hutchinson Irwin, J. R. Jessup Jones Keyton Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Marcus Matthews, C. Manldin McDanieO Moyer Murphy Nessmith Patten, G. C.

Patterson Phillips, G. S. Pinkston Roach Rogers
Rush Shanahan Stephens Thomason Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. U. Alexander, W. M. Berry Brantley, H. L. Buck Burruss Busbee
ColweU
Coney
Dangherty
Dean, Gib

Dean, J. E. Dollar Ezzard Floyd, L. R. Gignilliat Grantham Hamilton
Hill, G.
Irvin, R.
Knight
Kreeger

Lewis McCracken McDonald
Pearce Reaves Smith, J. R. Striddand Townsend Ware Mr. Speaker

On the adoption of the amendment, the ayes were 74, nays 72.

The amendment was adopted.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not re cord on the adoption of the Vaughn amendment to HB 5.

672

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. Alexander of the 38th moves to amend HB 5 by deleting from lines 17 and 18 "located within the State of Georgia".

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

Those voting in the affirmative were Messrs.

Alexander, W. H.
Alien Beckham Bennett Blackshear Bond Bostick Brantley, H. H. Brown, B. D. Brown, S. P. Burton Carlisle Carrell Clark Davis, W. Dent Duke Egan Ellis Farrar

Floyd, J. H. Geisinger Harris, J. R. Hawes Hays Hill, B. L. Horton Howard Hudson Irvin, J. Jones Jordan King Larsen, G. K. Levitas Logan Lowrey Mason McKinney Miles

Morgan Mulherin Nix Odom Oxford Patten, R. L. Petro Eussell, J. Russell, W. D. Sams Shepherd Smith, V. B. Snow Thompson Vaughn Waddle Wamble Ware Wheeler, Bobby Wilson, J. M.

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Atherton Berlin Bohannon Brantley, H. L.
Bray Brown, C. Buck Carr Castleberry Chance Cole Coleman Collins, M. Collins, S. Coney

Connell Davis, E. T. Dean, N. Dickey Dixon Dorminy Edwards Elliott Evans Foster Fraser Grahl Grantham Greer Groover Harden
Harrington
Harris, J. F.

Harrison Horton Howell Hutchinson Irwin, J. R. Jessup Johnson Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Marcus Matthews, C.
Matthews, D. R.
Mauldin

WEDNESDAY, FEBRUARY 14, 1973

673

McDaniell Milford Moyer Murphy Nessmith Noble Northcutt Patten, G. C. Patterson Peters Phillips, G. S. Phillips, L. L.

Pinkston Rainey Roach Rogers Ross Rush Shanahan Smith, J. R. Stephens Sweat Thomason Toles

Triplett Tucker Turner Twiggs Walker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Berry Burruss Busbee Colwell Daugherty Dean, Gib Dean, J. E. Dollar

Ezzard Floyd, L. R. Gignilliat Hamilton Hill, G. Irvin, R. Knight Larsen, W. W. Lewis McCracken

McDonald Mullinax Pearce Reaves Ritchie Savage Strickland Townsend Mr. Speaker

On the adoption of the amendment, the ayes were 60, nays 91.

The amendment was lost.

An amendment, offered by Mr. Berlin of the 89th, was read and withdrawn by unanimous consent.

The following amendment was read and adopted:
Mr. Murphy of the 18th moves to amend HB 5 by adding at the end of section 2 the following:
"Provided that this Act shall apply to graduates who graduate after the effective date of this Act."

An amendment, offered by Mr. King of the 85th, was read and lost.

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

674

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin
Atherton Blackshear Bohannon Bond Bostick Bray Brown, B. D. Brown, C. Buck Carr Chance Coleman Collins, M. Coney Connell Davis, E. T. Dean, N. Dickey Dorminy Edwards

Evans Foster Grahl Greer Groover Harrison Hill, B. L. Howell Hudson Hutchinson Irvin, R. Jessup Keyton Lowrey Marcus Mason Matthews, C. McDaniell Milford Moyer Murphy Patten, G. C.

Patterson Phillips, G. S. Phillips, L. L. Pinkston Rainey Ross Rush Shanahan Smith, J. R. Stephens Sweat Thomason Toles Triplett Tucker Turner Twiggs Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, M. L.

Those voting in the negative were Messrs. :

Adams, G. D. Alexander, W. H. Alien Bailey Beckham Bennett Berlin Brantley, H. H. Brantley, H. L. Brown, S. P. Burruss Burton Carlisle Carrell Castleberry Clark Cole Collins, S. Davis, W. Dent Dixon Duke Egan

Elliott Ellis Farrar Floyd, J. H. Fraser Geisinger Harden Harrington Harris, J. F.
Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Irwin, J. R. Johnson
Jones Jordan King Kreeger
Lambert

Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Logan Matthews, D. R.
Mauldin McDonald McKinney
Miles Morgan Mulherin Nessmith
Nix Noble Northcutt
Odom Oxford Patten, R. L.
Peters

WEDNESDAY, FEBRUARY 14, 1973

675

Petro Ritchie Roach Russell, J. Russell, W. D. Sams

Savage Shepherd Smith, V. B. Snow Thompson Vaughn

Waddle Waker Wall Wamble Ware Wilson, J. M.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Berry Busbee Colwell Daugherty
Dean, Gib Dean, J. E. Dollar

Ezzard Floyd, L. R. Gignilliat Grantham Hamilton Irvin, J.
Knight Lewis McCracken

Mullinax Pearce Reaves Rogers Strickland Townsend
Williams Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 66, nays 87.

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

Mr. Castleberry of the 96th stated that he had inadvertently voted "nay" on the passage of HB 5, as amended, and had intended to vote "aye".

Mr. Dollar of the 63rd stated that he had been called from the floor of the House when the roll was called on the passage of HB 5, as amended, but had he been present would have voted "aye".

Mr. Irvin of the 23rd stated that he had inadvertently voted "aye" on the passage of HB 5, as amended, and had intended to abstain because of a conflict of interest.

HB 372. By Messrs. Nessmith and Lane of the 76th:
A Bill to be entitled an Act to amend the Georgia Post Mortem Act, as amended, so as to change the fees to be paid medical examiners for performing certain services; and for other purposes.

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

676

JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Bailey Beckham Bennett Berlin Blackshear Bostick Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Burruss Burton Busbee Carlisle
Carr Carrell Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott

Evans Floyd, J. H. Foster Fraser Geisinger Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Hudson Hutchinson Irvin, R. Jessup Johnson Jones Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin
McDaniell
McDonald

Voting in the negative was Mr. Wall.

McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B. Snow Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wamble
Wheeler, Bobby
Wilson, J. M.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. H. Alexander, W. M.

Berry Bohannon Bond

Brown, B. D. Brown, C. Buck

WEDNESDAY, FEBRUARY 14, '973

677

Castleberry Colwell Daugherty Davis, W. Dean, Gib Dean, J. E. Ellis Ezzard Parrar Floyd, L. R. Gignilliat Grahl Hamilton Hays Horton, G. T. Horton, W. L. Howard

Howell Irvin, J. Irwin, J. R. Knight Lambert Levitas Lewis Mason McCracken Mullinax Murphy Noble Northcutt Odom Pearce Peters Rainey

Roach Rogers Russell, W. D. Smith, J. R. Stephens Strickland Townsend Vaughn Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Mr. Speaker

On the passage of the Bill, the ayes were 120, nays 1.

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

Messrs. Williams, Wood and Whitmire of the 9th stated that they had been called from the floor of the House when the roll was called on the passage of HB 372, but had they been present would have voted "aye".

HB 318. By Messrs. Bostick of the 123rd, Shanahan and Harrison of the 116th, Patten of the 123rd and others:
A Bill to be entitled an Act to provide minimum salaries for clerks of the various counties within the State, to be paid from county funds; and for other purposes.

The following amendment was read:

Mr. Bostick of the 123rd moves to amend HB 318 as follows:

By striking from lines 3 through 12 of the page 2 the following:

"Population
0 -- 5,999
6,000 -- 11,999 12,000 -- 19,999 20,000 -- 29,999 30,000 -- 39,999 40,000 -- 49,999 50,000 -- 99,999 100,000 -- 199,999 200,000 -- and up

Minimum Salary
$ 7,500
10,000 11,500 12,500 14,000 15,000 17,000 18,000 20,000",

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JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following:

"Population 0 -- 5,999
6,000 -- 11,999 12,000 -- 19,999
20,000 -- 29,999 30,000 -- 39,999 40,000 -- 49,999 50,000 -- 99,999 100,000 -- 199,999
200,000 -- and up

Minimum Salary $ 7,000 9,000 10,000
11,000 12,000 13,000 14,000 15,000
16,000".

The following amendment to the Bostick amendment was read and adopted:

Messrs. Bennett and Patten of the 124th move to amend the Bostick amend ment to HB 318 by adding a new classification to read as follows:
"0-5,998 current salary"
to second paragraph of the Bostick amendment and by striking the figure "0" in said paragraph.

The Bostick amendment, as amended, was adopted.

The following amendment was read and adopted:

Mr. Patten of the 124th moves to amend HB 318 as follows:
Delete Lines 21 through 27, Section 3, except the last two words of Line 27.

An amendment, offered by Mr. McDonald of the 12th, was read and lost.

An amendment, offered by Mr. Davis of the 85th, was read and withdrawn by unanimous consent.

The following amendment was read and adopted:

Mr. Adams of the 14th moves to amend HB 318 by adding a new section to read as follows:

WEDNESDAY, FEBRUARY 14, 1973

679

"Chief deputy clerks in counties of 70,000 population and above according to the 1970 census shall be paid a salary equal to 76% of the clerk's minimum salary."

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

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Bailey Bennett Berlin Blackshear Bond Bostick Brantley, H. L. Bray Brown, S. P. Carlisle Carr Clark Coleman Collins, M. Coney Davis, E. T. Dean, N. Dickey Dollar Dorminy Ellis Evans Ezzard

Fraser Geisinger Grahl Grantham Greer Harden Harris, J. F. Harris, J. R. Horton, G. T. Howard Howell Hudson Hutchinson
Irwin, J. R. Jessup Johnson Kreeger Lambert Lee, W. J. (Bill) Lewis Logan Mason
Matthews, C. McKinney Miles Milford

Morgan Moyer Murphy Northcutt Oxford Patten, G. C. Peters Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Ross
Russell, W. D. Shanahan Smith, J. R. Toles Tucker Twiggs Vaughn Walker Wamble
Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Those voting in the negative were Messrs. :

Alien Atherton Bohannon Brantley, H. H. Brown, C. Busbee Carrell Castleberry Chance

Cole Connell Davis, W. Dent Dixon Duke
Egan Elliott Farrar

Foster Groover Harrington Hays Hill, G. Horton, W. L.
Irvin, R. Jones Jordan

680
Larsen, G. K. Lee, W. S. Matthews, D. R. Mauldin McDaniell McDonald Mulherin Nessmith Nix Noble

JOURNAL OF THE HOUSE,

Odom Patten, R. L. Patterson Reaves Rush Russell, J. Sams Savage Smith, V. B. Snow

Sweat Thomason Triplett Waddle Wall Willis Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Alexander, W. M. Beckham Berry Brown, B. D. Buck Burruss Burton Collins, S. Colwell Daugherty Dean, Gib Dean, J. E. Edwards Floyd, J. H.

Floyd, L. R. Gignilliat Hamilton Harrison Hawes Hill, B. L. Irvin, J. Keyton King Knight Lane, Dick Lane, W. J. Larsen, W. W. Levitas Lowrey Marcus

McCracken Mullinax Pearce Petro Rainey Rogers Shepherd Stephens Strickland Thompson Townsend Turner Williams Woods Mr. Speaker

On the passage of the Bill, as amended, the ayes were 78, nays 55.

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

Mr. Lowrey of the 15th stated that he had been called from the floor of the House when the roll was called on the passage of HB 318, as amended, but had he been present would have voted "nay".

Mr. Bostick of the 123rd 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 318, as amended.

HB 350. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing for the Depart ment of Transportation to develop and coordinate long range compre-

WEDNESDAY, FEBRUARY 14, 1973

681

hensive plans for all modes of transportation, so as to provide for statewide transportation plans; and for other purposes.

The report of the Committee, which was favorable 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
Bailey Beckham Berlin Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clarke Coleman Collins, M. Colwell Coney Connell Davis, E. T. Davis, W. Dean, N. Dickey Dixon Dollar Dorminy Duke

Egan Elliott Evans Ezzard Farrar Floyd, J. H. Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis

Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mullinax Murphy Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, W. D. Savage Shanahan Smith, J. R. Smith, V. B.
Snow Sweat Thomason

682
Thompson Toles Triplett Twiggs Vaughn Waddle

JOURNAL OF THE HOUSE,

Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Foster

Horton, W. L.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Bennett Berry Bohannon Brown, B. D. Cole Collins, S. Daugherty Dean, Gib Dean, J. E. Dent Edwards Ellis

Floyd, L. R. Fraser Geisinger Gignilliat Hamilton Irvin, R. Irwin, J. R. King Knight Marcus Mason McCracken McDonald Mulherin

Northcutt Pearce Petro Russell, J. Sams Shepherd Stephens Strickland Townsend Tucker Turner Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 2.

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

The following Resolution of the House was read and adopted:

HR 179. By Messrs. Jones of the 109th, Twiggs of the 4th, Sweat of the 125th and many others:
A RESOLUTION
Encouraging the employment of Georgia citizens; and for other purposes.
WHEREAS, Georgia's most important product is her people; and
WHEREAS, Georgia has produced leaders in every field of en deavor, including politics and government; and

WEDNESDAY, FEBRUARY 14, 1973

683

WHEREAS, Georgians are noted for their service to their fellow citizens; and

WHEREAS, Georgians are well educated, trained, available and anxious to serve their State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby goes on record as en couraging and requesting all those who elect, appoint and employ persons for positions in Georgia government make every effort to give first priority to Georgia citizens and to fill Georgia positions with Georgia people.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a copy of this resolution to the Governor, Lieutenant Governor, the members of all boards, bureaus, commissions and authorities in the State and to all department heads in the State government.

Mr. Wall of the 61st arose to a point of personal privilege and addressed the House.

Mr. Connell of the 80th 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.

684

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 15, 1973.

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

The following prayer was offered by Rev. Frank L. Brinson, Pastor, Pleasant Hill Baptist Church, Harrison, Georgia:

Heavenly Father:

We pray that our willingness may overflow our obligations. May we go the second mile in our daily living. In the presence of persons who are unwilling to carry their part of the responsibilities of this day, may we do more than our share. Remove our sense of complaint, that we may find pleasure in offering our services wherever and whenever they are needed. Blot out our selfish ways; increase our capacity for altruism. Strengthen our lives for the difficulties that may come.

Encourage these, Thy servants, O Lord, as they face new tasks; and fill their minds with new vistas, new goals for active service, com passion for everyone, and the wisdom to choose that which is best for all.

Multiply our talents that we may use them for Thee. This is our

desire Thou knowest that we can but fail without Thy help. Strengthen

us by Thy Spirit,

AMEN.

By unanimous consent, the call of the roll was dispensed with.
Mr. Mauldin of the 13th, Chairman of the Committee on 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.

THURSDAY, FEBRUARY 15, 1973

685

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 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 679. By Mr. Connell of the 80th:
A Bill to be entitled an Act to amend an Act providing that each county 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 fees for permits; and for other purposes.
Referred to the Committee on Industry.
HB 680. By Messrs. Mullinax of the 65th, Burton of the 47th, Grantham of the 127th, Stephens of the 37th, Harden of the 128th, Davis of the 85th and Ezzard of the 29th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to redefine injury and personal injury; to change the provisions relative to coverage of employers and employees; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 176-680. By Messrs. Lambert of the 97th, McCracken of the 77th and 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.
Referred to the Committee on Special Judiciary.

HB 681. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation for the members of the boards of roads and revenues of Jefferson County, so as to change the compensation of the commission ers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

686

JOURNAL OF THE HOUSE,

HB 682. By Messrs. Savage of the 30th, Bostick of the 123rd, Hudson of the 115th, Buck of the 87th, Russell of the 53rd, Phillips of the 103rd, Nessmith of the 76th and others:
A Bill to be entitled an Act to amend Code Chapter 56-2, relating to the Insurance Department of the State, so as to require the Insurance Com missioner to prepare and deliver a report to the members of the General Assembly and all Constitutional Officers showing a rating of certain insurers based on the premiums charged for certain types of insurance; and for other purposes.
Referred to the Committee on Insurance.

HB 683. By Messrs. Savage of the 30th, Dollar of the 63rd, Bostick of the 123rd, Hudson of the 115th, Grantham of the 127th, Connell of the 80th, Patten of the 123rd, Buck of the 87th, Nessmith of the 76th, Phillips of the 103rd and others:
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 of, or attempt to commit, a felony, so as to change the penalty provisions therefor; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 684. By Messrs. Berlin and Brown of the 89th:
A Bill to be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to authorize and direct the Board of Human Resources to adopt rules and regulations providing for the issuance of identification cards to residents of Georgia; and for other purposes.
Referred to the Committee on Human Relations.

HB 685. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Pineview, so as to authorize said town to dispose of certain portions of two public streets located within said town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 686. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act creating the State Court of Jefferson 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.

THURSDAY, FEBRUARY 15, 1973

687

HB 687. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Alley in Montgomery County, 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 688. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to change and define the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 689. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jeffer son County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 690. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blackshear, so as to change the date for holding city elec tions; and for other purposes.

HB 691. By Mr. Hill of the 41st:
A Bill to be entitled an Act to change the name of "The Fulton County Airport" to the "Charlie Brown County Airport"; to provide that the Board of Commissioners of Fulton County shall notify all persons, firms and corporations utilizing the facilities at the airport of the change of name; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 692. By Messrs. Sams of the 83rd, Howard of the 19th, Beckham of the 82nd, Savage of the 30th, Snow of the 1st, Hays of the 1st, Walker of the 100th, Harris of the 8th, Mulherin of the 81st, Castleberry of the 96th and Groover of the 75th:
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

688

JOURNAL OF THE HOUSE,

attempt to commit a felony, so as to provide for additional punishments; to provide that sentences imposed for violations of the Act may not be suspended; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 693. By Messrs. Greer of the 43rd and Wamble of the 120th:
A Bill to be entitled an Act to amend the "Current Income Tax Payment Act of 1960", so as to change the date for making quarterly returns; and for other purposes.
Referred to the Committee on Ways and Means.

HB 694. By Messrs. Lane and Nessmith of the 76th, Lewis and McCracken of the 77th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Sardis, 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 695. By Messrs. Howell of the 118th and Lambert of the 97th:
A Bill to be entitled an Act to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to allow the JointSecretary to determine the expiration, renewal and penalty dates for license and certificates issued through the office of the Joint-Secretary; and for other purposes.
Referred to the Committee on State of Republic.

HB 696. By Messrs. Geisinger of the 44th and Wamble of the 120th:
A Bill to be entitled an Act to amend an Act prescribing rates for tax ation of certain property classified for taxation as tangible property, so as to exempt certain tangible property from ad valorem taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HR 177-696. By Messrs. Geisinger of the 44th and Wamble of the 120th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to exempt money, interests in patent rights, copyrights, stocks, bonds, accounts receivable, collateral loans and all notes which fall due more than 3 years from the date thereon from all ad valorem intangible taxes; and for other purposes.
Referred to the Committee on Ways and Means.

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689

HB 697. By Messrs. Geisinger of the 44th and Wamble of the 120th:
A Bill to be entitled an Act to amend an Act so as to provide for the returns, collections, and distribution of intangible property tax; and for other purposes.
Referred to the Committee on Ways and Means.

HR 178-697. By Messrs. Geisinger of the 44th and Wamble of the 120th:
A Resolution proposing an amendment to the Constitution so as to pro vide that those taxpayers required to return intangible property annually to the State Revenue Commissioner for taxation whose total tax liability does not exceed $5 shall be exempt from the payment of intangible property tax liability; and for other purposes.
Referred to the Committee on Ways and Means.

HB 698. By Messrs. Carrell of the 71st, Russell of the 53rd, Walker of the 100th, Moyer of the 99th, Wilson of the 94th, Milford of the 13th, Wamble of the 120th, Northcutt of the 68th and others:
A Bill to be entitled an Act to provide for the issuance of special auto mobile license plates to certain physically disabled persons; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 699. By Mr. Lowrey of the 15th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to provide that no applicant for licensure to practice the profession of chiropractic, podiatry, dentistry, medicine, optometry or osteopathy shall be eligible for a license unless such appli cant holds a degree in the profession for which he applies; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 700. By Messrs. Carrell of the 71st, Russell of the 53rd, Walker of the 100th, Moyer of the 99th, Coleman of the 102nd, Wilson of the 94th, Wamble of the 120th, Mauldin of the 13th, Northcutt of the 68th and others:
A Bill to be entitled an Act to amend an Act providing that buildings constructed with public funds shall be accessible to the physically handi capped, so as to change the provisions relative to elevators; and for other purposes.
Referred to the Committee on Industry.

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HB 701. By Messrs. Carlisle of the 67th, Patten of the 124th, Wilson of the 94th, Carrell of the 71st and Horton of the 56th:
A Bill to be enttiled an Act to amend an Act known as "An Act to make comprehensive provision for an integrated tax administration for Geor gia . . .", so as to change the composition of the State Board of Equali zation; and for other purposes.
Referred to the Committee on Ways and Means.

HB 702. By Mr. Horton of the 43rd:
A Bill to be entitled an Act to provide for automatic annexation of any unincorporated area when a municipality provides any three of five services at the request of the area; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 703. By Mr. Hawes of the 43rd:
A Bill to be enttiled an Act to amend an Act regulating the sale of ad mission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket, so as to include hockey games; and for other purposes.
Referred to the Committee on Industry.

HB 704. By Messrs. Adams and Smith of the 74th, Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend "An Act to create a new judicial circuit for the State to be called the Griffin Circuit and to be comprised of the counties of Spalding, Pike, Upson and Fayette", so as to authorize the governing authority to supplement the salary of the Judge and the District Attorney; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 705. By Messrs. Vaughn of the 57th and Morgan of the 70th:
A Bill to be enttiled an Act to amend an Act providing for a public de fender for Rockdale and Newton Counties, so as to change the com pensation of the public defender; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 706. By Messrs. Evans of the 89th, Moyer of the 99th, Mason of the 59th, Burruss of the 21st, McDaniell of the 20th, Brown of the 67th, Brown of the 89th, Pinkston of the 89th, McKinney of the 35th, Greer of the 43rd, Coney of the 89th, and Hawes of the 43rd:
A Bill to be entitled an Act to amend Code Section 26-9908, relating to

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691

violating the Sabbath Day, so as to prohibit certain activities on Sunday; and for other purposes.
Referred to the Committee on Judiciary.

HB 707. By Messrs. Keyton of the 121st, Mauldin and Milford of the 13th, Brantley of the 92nd, Nessmith of the 76th, Phillips of the 73rd, Reaves of the 124th, Hudson of the 115th, Bohannon of the 64th, Foster of the 6th, Turner of the 3rd, Kreeger of the 21st, Groover of the 75th and Miles of the 79th:
A Bill to be entitled an Act to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to change the provisions relative to sending a copy of such bonds to the State Superintendent of Schools; and for other purposes.
Referred to the Committee on Education.

HB 708. By Mr. Atherton of the 19th: A Bill to be entitled an Act to annually impose an annual motor vehicle registration fee not to exceed $5.00; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 612. By Messrs. Lambert of the 97th and Greer of the 43rd: A Bill to be entitled an Act to amend Article XIII of the Banking Laws, so as to amend Code Section 13-1401 to further define certain terms; to amend Code Section 13-1405 relative to the surrender of original certifi cates of stock and issuance of new certificates by deletion of the ex isting Section; and for other purposes.
HB 613. By Messrs. Lambert of the 97th and Greer of the 43rd: A Bill to be entitled an Act to amend Article I of the Banking Laws, so as to add a new section to be Section 13-207 relating to the ownership of bank shares and further to define and prescribe certain situations; and for other purposes.

HB 614. By Messrs. Lee and Odom of the 114th and Adams of the 14th:
A Bill to be enttiled an Act to amend an Act creating the Department of Public Safety, so as to clarify the power of arrest of the Uniform Division of the Department of Public Safety; and for other purposes.

692

JOURNAL OF THE HOUSE,

HB 615. By Messrs. Snow of the 1st, Lee of the 114th, Tucker of the 69th and Morgan of the 70th:
A Bill to be entitled an Act to prohibit palpable omission of duty, or willful and corrupt oppression, misconduct, or misfeasance in the dis charge of the duties by any officer of the government of any municipal corporation and to provide penalties of misdemeanor punishment and removing from office; and for other purposes.

HB 616. By Messrs. Rush of the 104th and Fraser of the 117th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the sheriff of Long County; and for other purposes.

HB 617. By Messrs. Howard of the 19th, McDaniell and Nix of the 20th, Hays of the 1st, Peters of the 2nd, Sams of the 83rd, Beckham of the 82nd, Duke of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to establish standards to determine what materials are harmful to minors and for other purposes.

HB 618. By Messrs. Savage of the 30th, Russell of the 62nd, Horton of the 56th, Ross of the 72nd, Alexander of the 39th, Patten of the 123rd, Lane of the 40th and Coney of the 89th:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to regulate the giving and receiving of campaign contributions and to provide for the reporting of all campaign expenditures; and for other purposes.

HB 619. By Messrs. Savage of the 30th, Russell of the 62nd, Tucker of the 69th, Dollar of the 63rd, Elliott of the 49th, Patten of the 123rd, Coney of the 89th and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Section 47-1002, relating to registration with the Secretary of State of certain persons aiding or opposing legislation of the General Assembly, so as to require certain persons to file financial statements; and for other purposes.

HB 620. By Mr. Connell of the 80th:
A Bill to be entitled an Act to create the Augusta-Richmond County Coliseum Authority and to authorize such Authority to acquire and maintain such facility; and for other purposes.

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693

HB 621. By Mr. Connell of the 80th:
A Bill to be entitled an Act to amend an Act creating the AugustaRichmond County Board of Tax Assessors, so as to change the com pensation of the members of the Board; and for other purposes.

HB 622. By Messrs. Bostick of the 123rd and Hudson of the 115th:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions, definitions and deductions allowed estates and trusts, so as to provide for an exemption in the case of a disabled individual for expenses for transportation to and from work; and for other purposes.

HB 623. By Messrs. Buck of the 87th, Davis of the 85th, Thompson of the 86th, King of the 85th, Pearce of the 87th and Berry of the 86th:
A Bill to be entitled an Act to amend an Act abolishing justice courts and the offices of Justice of the peace and notary public ex officio justice of the peace, so as to provide that the Municipal Court of Co lumbus shall be a State Court for defraying part of the cost of estab lishing and maintaining a County Law Library; and for other purposes.

HB 624. By Messrs. Mauldin, Wheeler and Milford of the 13th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Franklin County, so as to change the provisions relative to the compensation of the Sheriff's deputy; and for other purposes.

HB 625. By Messrs. Peters of the 2nd, Bennett of the 124th, Hays of the 1st, Stephens of the 37th, Foster of the 6th, Patterson of the 64th and others:
A Bill to be entitled an Act to amend Code Title 92, relating to public revenue, so as to enact a new Code Chapter 92-70 relating to the duties of State Revenue Commissioner; and for other purposes.

HB 626. By Messrs. Burton of the 47th, Collins of the 45th, Elliott of the 49th, Horton of the 56th, Geisinger of the 44th and Noble of the 48th:
A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to require voters to present photographic identification before voting; and for other purposes.

HB 627. By Messrs. Dickey, Brown, Coney, Pinkston, Berlin and Evans of the 89th and Moyer of the 99th:
A Bill to be entitled an Act to regulate multilevel distribution companies; to define multilevel distribution companies; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 628. By Messrs. Dorminy, Rainey and Hudson of the 115th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Ashburn, so as to require candidates to receive a majority of the votes cast to fill the nomination or office in order to be nominated or elected to such office; and for other purposes.

HB 629. By Messrs. Snow of the 1st, Cole of the 6th, Hays of the 1st, Peters of the 2nd and Foster of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the corporate limits of said town; to change the term of office of the town marshal; and for other purposes.

HB 630. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to make certain changes therein in relation to the office of Highway Safety; and for other purposes.

HB 631. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to amend Section 3(c) (2) excluding1 certain transactions from the definition of "sale at retail", "use", "storage", and "consumption"; to exclude certain definitions; and for other purposes.

HR 157-631. By Messrs. Berlin, Brown, Coney, Evans and Pinkston of the 89th:
A Resolution authorizing the conveyance of certain property in the City of Macon, Bibb County, Georgia, to the City of Macon; and for other purposes.

HB 632. By Messrs. Patten of the 124th, Collins of the 122nd, Reaves of the 124th, Greer of the 43rd, Moyer of the 99th, Hudson of the 115th, Rogers of the 128th, Harden of the 128th, Willis of the 119th, Bostick of the 123rd and others:
A Bill to be entitled an Act to amend "The Dealers in Used Motor Vehicle Parts Registration Act", so as to provide that each application for a license shall show that the used part dealer has obtained or has applied for a Sales Tax Number Certificate; and for other purposes.

HB 633. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary, so as to

THURSDAY, FEBRUARY 15, 1973

695

change the compensation of the deputy clerk and to delete authorization for additional clerical help; and for other purposes.

HB 634. By Mr. Floyd of the 5th:
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 a certain tract of land which is a portion of Favor Street; and for other purposes.

HB 635. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Chattooga County upon an annual salary, so as to change the compensa tion of the Ordinary and his clerical help; and for other purposes.

HB 636. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to change the compensa tion of the deputy sheriffs and jailer; and for other purposes.

HB 637. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act incorporating the City of Menlo, so as to authorize the Mayor to appoint a qualified person to serve as the judge of the Mayor's Court; and for other purposes.

HB 638. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.

HB 639. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Chattooga County, so as to change the compensation of the Commissioner and his clerk and the warden of the public works camp; and for other purposes.

HB 640. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend Code Title 27, relating tc criminal procedure, so as to change the provisions relating to the de mand by an accused for a trial and the discharge of certain persons accused of crimes when not tried within certain time limitations; and for other purposes.

696

JOURNAL OF THE HOUSE,

HB 641. By Messrs. Walker of the 100th, Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to change the terms of court; and for other purposes.

HB 642. By Messrs. Walker of the 100th and Grahl of the 88th:
A Bill to be entitled an Act to amend an Act creating the Small Claims Court in certain counties of this State (population not less than 12,800 and not more than 12,950), so as to change the provisions relative to the jurisdiction of said court and certain fees; and for other purposes.

HR 171-642. By Mr. Walker of the 100th:
A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption of the City of Perry for persons over 65 years old and to increase the maximum allowable income of such persons from a homestead exemption of $2,000 and maximum allowable income of $4,000; and for other purposes.

HB 643. By Messrs. Howard of the 19th, Duke and Nix of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to provide for the creation, membership, organization, compensation, powers and duties of a State Literature Commission; and for other purposes.

HB 644. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the Claims Advisory 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 645. By Messrs. Buck and Pearce of the 87th, Thompson and Berry of the 86th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide certain minimum standards prerequisite to the original in corporation of a municipality. . .", so as to provide that the provisions of this Act shall be inapplicable in certain counties; and for other purposes.

HB 646. By Messrs. Berlin and Evans of the 89th:
A Bill to be entitled an Act to provide for notice and hearing for provisional remedies; to provide a short title; to define certain terms;

THURSDAY, FEBRUARY 15, 1973

697

to provide for provisional legal and equitable process under certain con ditions; and for other purposes.

HB 647. By Messrs. Kreeger and Burruss of the 21st and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Peace Officer Standards and Training Council, so as to define certain terms; and for other purposes.

HB 648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th, Alexander of the 39th, Mulherin of the 81st and Larsen of the 27th:
A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to require the Authority to make available for public inspection summaries of certain contracts entered into by the Authority; and for other purposes.

HR 172-648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th, Alexander of the 39th, Mulherin of the 81st and Larsen of the 27th:
A Resolution to create the Metropolitan Atlanta Rapid Transit Over view Committee; and for other purposes.

HB 649. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to create a new Charter for the Town of Lake Park; and for other purposes.
HB 650. By Mr. Wamble of the 120th: A Bill to be entitled an Act to amend Code Chapter 84-9 relating to the licensing of medical practitioners, so as to provide for the granting of a license without examination to certain alien licentiates of boards of other states; and for other purposes.
HB 651. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, so as to extend the corporate limits thereof; and for other purposes.
HB 652. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to provide for the licensing of itinerant vendors; to provide for a license tax; to provide procedures connected therewith; to provide exceptions; to provide penalties; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 653. By Messrs. Lambert of the 97th and Carrell of the 71st:
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 654. By Messrs. Lambert of the 97th and Carrell of the 71st:
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 of Morgan County, so as to change the compen sation of the Tax Commissioner; and for other purposes.

HB 655. By Messrs. Lambert of the 97th and Carrell of the 71st:
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 on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court, deputies or other clerical assistants of the clerk, and the Ordinary of Morgan County; and for other purposes.

HB 656. By Messrs. Lambert of the 97th, Maulding, Milford and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the City of White Plains, in the County of Greene, so as to change the corporate limits of the City; and for other purposes.

HB 657. By Messrs. Pearce of the 87th, Thompson of the 86th, Buck of the 87th, King of the 85th and Berry of the 86th:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the salary of the District Attorney of the Chattahoochee Judicial Circuit to be paid from the funds of Muscogee County, so as to repeal the provisions relative to reduction of such supplement; and for other purposes.
HB 658. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act creating the State Court of Washington County, os as to change the salaries of the judge and the solicitor of said court; and for other purposes.

HB 659. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the com-

THURSDAY, FEBRUARY 15, 1973

699

pensation of the sheriff, the chief deputy, the four regular deputies and the secretary to the sheriff; and for other purposes.

HB 660. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County, so as to change the compensation of the clerk of the Superior court of Washington County; and for other purposes.

HB 661. By Mr. Carr of the 90th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Washington County; to prescribe the jurisdiction of said Court; and for other purposes.

HB 662. By Mr. Carr of the 90th: A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the Town of Riddleville, so as to in crease the terms of office of town officials; and for other purposes.
HB 663. By Mr. Eraser of the 117th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary, so as to change the compensation of the Clerk of the Superior Court and the compensation of the assistant to the Clerk of the Superior Court; and for other purposes.
HB 664. By Mr. Praser of the 117th: A Bill to be entitled an Act to amend an Act incorporating the City of Darien, so as to change the compensation of the mayor and members of the council; and for other purposes.
HB 665. By Mr. Fraser of the 117th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Ordinary of Mclntosh County and providing in lieu thereof an annual salary, so as to change the compensation of the Ordinary; and for other purposes.
HB 666. By Messrs. Geisinger of the 44th, Irvin of the 23rd, Collins of the 45th, Bostick of the 123rd, Hill of the 41st, Harris of the 8th, Matthews of the 122nd, Sweat of the 125th and Burton of the 47th: 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

700

JOURNAL OF THE HOUSE,

that certain classes of persons shall not be eligible for bail; and for other purposes.

HB 667. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to change the boundaries of certain districts; and for other purposes.

HB 668. By Mr. Greer of the 43rd:
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 provide for changes in Representative Districts 29, 32, 33, 35, 36, 37, 38, 39; and for other purposes.

HB 669. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to provide for the Department of Labor a supplemental appropriation, so as to make certain changes in Section 9 and 13 of the Emloyment Security Law in order to make addi tional funds available which are otherwise available to the Department of Labor; and for other purposes.

HB 670. By Mr. Cole of the 6th:
A Bill to be entitled an Act to provide for the assignment of State Building Administrative Board to the Department of Human Re sources for administrative purposes; and for other purposes.

HR 174-670. By Mr. Geisinger of the 44th:
A Resolution proposing an amendment to the Constitution so as to provide for meetings of the General Assembly; and for other purposes.

HB 671. By Messrs. Morgan of the 70th, Lee of the 114th, Walker of the 100th, Hawes of the 43rd, Lambert of the 97th, Bennett of the 124th and Snow of the 1st:
A Bill to be entitled an Act to amend Code Title 50, relating to habeas corpus, so as to provide that all reasonable grounds for relief shall be raised in the original or amended petition for writ of habeas corpus; and for other purposes.

HB 672. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.

THURSDAY, FEBRUARY 15, 1973

701

HB 673. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.

HB 674. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.

HB 675. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.

HB 676. By Mr. Hill of the 41st:
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 candidates for mayor and councilmen; and for other purposes.

HB 677. By Messrs. Wilson of the 19th, Kreeger of the 21st, Duke of the 20th, Howard of the 19th, McDaniell of the 20th, Nix of the 20th, Atherton of the 19th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to change the provisions relative to the recall of the Chairman or members of the Board; and for other purposes.
HB 678. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend Code Section 108-421, relating to certain authorized investments, so as to provide that certain obligations of farm credit institutions shall constitute valid investments for certain institutions; and for other purposes.

SB 115. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating an Employees' Suggestion and Awards Board, as amended, so as to redefine the term "Employees' Suggestion and Awards Program"; and for other purposes.

Mr. Matthews of the 122nd District, Chairman of the Committee on Agricul ture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under con-

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JOURNAL OF THE HOUSE,

sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 627. Do Pass.
Respectfully submitted, Matthews of the 122nd, Chairman.

Mr. Floyd of the 5th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations 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 140. Do Pass, by Substitute.
Respectfully submitted, Floyd of the 5th, Chairman.

Mr. Brown of the 67th District, Chairman of the Committee on Health & Ecology submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology 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 92. Do Pass, as Amended.
Respectfully submitted, Brown of the 67th, Chairman.

Mr. Harrington of the 93rd District, Chairman of the Committee on Human Relations, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations has had under consideration the fol-

THURSDAY, FEBRUARY 15, 1973

703

lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 508. Do Pass. HB 506. Do Pass. HB 505. Do Pass, as Amended.
Respectfully submitted, Harrington of the 93rd, Chairman.

Mr. Lee of the 68th District, Chairman of the Committee on Industry, sub mitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 2. Do Pass. HB 49. Do Pass, by Substitute. HB 113. Do Pass, by Substitute. HB 191. Do Pass.
Respectfully submitted, Moyer of the 99th, 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 has instructed me to report the same back to the Houre with the following recommendations:
HB 209. Do Pass. HB 571. Do Pass.
Respectfully submitted, Snow of the 1st, Chairman.

704

JOURNAL OF THE HOUSE,

Mr. Dorminy of the 115th 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 135-503. Do Pass.
HB 371. Do Pass.
Respectfully submitted,
Phillips of the 103rd,
Vice-Chairman.

Mr. Roach of the 8th District, Chairman of the Committee on Special Ju diciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 76-251. Do Pass. HB 617. Do Pass.
Respectfully submitted, Roach of the 8th Chairman.

Mr. Howell of the 118th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
* Your Committee on State of Reublic 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 539. Do Pass. SB 115. Do Pass.
Respectfully submitted, Howell of the 118th, Chairman.

THURSDAY, FEBRUARY 15, 1973

705

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation), submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 254. Do Pass.

HB 422. Do Pass.

HB 423. Do Pass.

HB 499. Do Pass.

HB 501. Do Pass.

HB 502. Do Pass.

HB 503. Do Pass.

HB 510. Do Pass.

HB 511. Do Pass.

HB 512. Do Pass.

HB 514. Do Pass.

HB 515. Do Pass.

HB 516. Do Pass.

HB 517. Do Pass.

HB 518. Do Pass.

HB 521. Do Pass.

HB 524. Do Pass.

HB 525. Do Pass.

HB 526. Do Pass.

HB 527. Do Pass.

HB 528. Do Pass.

HB 529. Do Pass.

HB 537. Do Pass.

HB 538. Do Pass.

HB 540. Do Pass.

SB 22. Do Pass.

Respectfully submitted,

Levitas of the 50th,

Chairman.

706

JOURNAL OF THE HOUSE,

Mr. Lane of the 76th 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 237. Do Pass.
Respectfully submitted,
Bennett of the 124th,
Secretary.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 254. By Mr. Irvin of the 10th: A Bill to be entitled an Act to abolish the present mode of compen sating the Coroner of Stephens County, known as the fee system; to provide in lieu thereof an annual salary; to repeal conflicting laws; and for other purposes.

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

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

HB 422. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to amend an Act providing a salary for the sheriff of Candler County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff, the sheriff's deputies, supplies and equipment; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 15, 1973

707

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

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

HB 423. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Candler County, as amended, so as to change the pro visions relative to the compensation of the chairman and members of said Board; and for other purposes.

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

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

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

HB 499. By Mr. Ross of the 72nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lincolnton, as amended, so as to change the qualifica tions for candidates for the office of Mayor and councilman; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 501. By Mr. Shanahan of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Gordon County, as amended, so as to provide that the clerk of the commission shall be appointed by the commissioner and shall serve at the pleasure of the commissioner; and for other purposes.

708

JOURNAL OF THE HOUSE,

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

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

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

HB 502. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the Town of Mansfield, as amended, so as to provide for councilmen to receive a fee for attending meetings; and for other purposes.

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

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

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

HB 503. By Mr. Morgan of the 70th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the mayor and councilmen of the municipality of Porterdale, so as to change the compensation of the mayor and councilmen; and for other purposes.

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

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

HB 510. By Messrs. Wheeler and Grantham of the 127th:
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 com pensation, so as to change the minimum annual salary of the sheriff; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 15, 1973

709

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

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

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

HB 511. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Bacon County, so as to provide for a change in the com pensation of the Chairman and other members of the Board under certain conditions; and for other purposes.

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

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

HB 512. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County in to the office of Tax Commissioner of Bacon County, so as to authorize the tax commis sioner to employ part-time personnel with the approval of the govern ing authority of Bacon County; to repeal conflicting laws' and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 514. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Bacon County; and for other purposes.

710

JOURNAL OF THE HOUSE,

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

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

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

HB 515. By Messrs. Rush of the 104th and Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, as amended, so as to change the compensation of the chairman and members of the Board; and for other purposes.

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

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

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

HB 516. By Messrs. Rush and Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act providing for elections of members of the Board of Education of Tattnall County, as amended, so as to change the compensation of the chairman and members of the Board of Education; and for other purposes.

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

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

HB 517. By Messrs. Rush of the 104th and Brantley of the 92nd:
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

THURSDAY, FEBRUARY 15, 1973

711

thereof an annual salary, as amended, so as to change the salary of the sheriff; and for other purposes.

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

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

The Bill, having received the requisite constitutional majority, was passed.
HB 518. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensation provisions relating to the clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutiona Imajority, was passed.

HB 521. By Mr. Carrell of the 71st: A Bill to be entitled an Act to amend an Act creating the WalnutgroveYouth Water Authority, so as to correct a typographical error referring to Tift County in Section 3(b) ; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

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

712

JOURNAL OF THE HOUSE,

HB 524. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, as amended, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be in cluded in the City limits; to repeal conflicting laws; and for other purposes.

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

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

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

HB 525. By Mr. Irwin of the 113th:
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, and providing in lieu thereof, an annual salary, as amended, so as to change the compensation of the deputy sheriff; and for other purposes.

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

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

HB 526. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Columbia County on an annual salary, as amended, so as to change the compensation of the clerk of the superior court and the sheriff of Columbia 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 15, 1973

713

HB 527. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, as amended, so as to change the compensation of the Chairman of said Board; and for other purposes.

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

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

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

HB 528. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Columbia 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 529. By Mr. Phillips of the 73rd:
A Bill to be entitled an Act to provide that the salary of the Judges of the Superior Court of the Augusta Judicial Circuit shall be supple mented by payments to be made from the county treasury of Columbia 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.

714

JOURNAL OF THE HOUSE,

HB 537. By Messrs. Collins and Matthews of the 122nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Camilla, so as to change the provisions relative to the corporate limits of said City; to repeal conflicting laws; and for other purposes.

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

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

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

HB 538. By Messrs. Collins and Matthews of the 122nd:
A Bill to be entitled an Act to amend an Act creating the City Court of Camilla, so as to change the maximum salary to be paid 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.

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

HB 540. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Bill to be entitled an Act to provide for the method of filling va cancies in the membership of the Hospital Authority 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 110, nays 0.

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

THURSDAY, FEBRUARY 15, 1973

715

SB 22. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the office of the Solicitor General of said circuit, as amended, so as to provide for the establishment of positions and compensations for deputy district attorneys in excess of the speci fied number; and for other purposes.

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 and House, to-wit:

SB 72. By Senators Wasden of the 2nd, Holloway of the 12th, and Carter of the 14th:
A Bill to amend an Act creating the "Georgia Ports Authority", as amended, so as to change the membership comprising said Authority.

SB 152. By Senator Lester of the 23rd:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that motor vehicles being operated on the highways of this State shall display lighted lamps and illuminating devices when it is raining in the driving zone.

SB 167. By Senator Broun of the 46th:
A Bill to restrict the drivers of all trucks using public streets and highways from using the lane farthest to the left on multiple lane streets and highways.

HB 82. By Messrs. Odom, Busbee, Lee and Hutchinson of the 114th:
A Bill to amend an Act abolishing the fee system of compensating the clerk of the Superior court of Lee County and providing in lieu thereof an annual salary, so as to change the salary of said clerk.

HB 99. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to provide for the disposition and application of insolvent cost from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties.

716

JOURNAL OF THE HOUSE,

HB 105. By Messrs. Lee, Hutchinson, Odom and Busbee of the 114th:
A Bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the provisions authorizing the governing authority of Dougher ty Judicial Circuit to provide for a supplement to the Judge's salary.

SB 63. By Senator Duncan of the 30th:
A Bill to amend an Act establishing the State Court of Carroll County, as amended, so as to change the compensation of the solicitor of said court.

SB 125. By Senator Hill of the 29th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Heard County, known as the fee system; to provide in lieu thereof an annual salary.

SB 126. By Senator Hill of the 29th:
A Bill to abolish the present mode of compensating the Ordinary of Heard County, known as the fee system; to provide in lieu thereof an annual salary.

SB 127. By Senator Hill of the 29th:
A Bill to amend an Act creating a Board of Commissioners of Heard County, as amended, so as to change the compensation of the members of the Board of Commissioners of said County.

SB 128. By Senator Hill of the 29th:
A Bill to amend an Act placing the sheriff of Heard County on an an nual salary, as amended, so as to change the compensation of the sheriff.

SB 129. By Senator Hill of the 29th:
A Bill to amend an Act consolidating the offices and duties of Tax Receiver and Tax Commissioner of Heard County into the single office of Tax Commissioner of Heard County, so as to change the compen sation of the Tax Commissioner.

SB 171. By Senators Riley of the 1st and Wasden of the 2nd:
A Bill to amend an Act unifying the governmental and corporate func tions of the Mayor and Aldermen of the City of Savannah with the

THURSDAY, FEBRUARY 15, 1973

717

governmental and corporate functions of the Commissioner and ex officio Judges thereof, so as to change certain dates and times and Council Districts.

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

SB 63. By Senator Duncan of the 30th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 72. By Senators Wasden of the 2nd, Holloway of the 12th and Carter of the 14th:
A Bill to be entitled an Act to amend an Act Creating the "Georgia Ports Authority", so as to change the membership comprising said Authority; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 125. By Senator Hill of the 29th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Heard County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 126. By Senator Hill of the 29th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Heard County known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 127. By Senator Hill of the 29th: A Bill to be entitled an Act to amend an Act creating a Board of Com-

718

JOURNAL OF THE HOUSE,

missioners of Heard County, so as to change the compensation of the members of the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 128. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Heard County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 129. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Commissioner of Heard County into the single office of Tax Commissioner of Heard 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.
SB 152. By Senator Lester of the 23rd:
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 motor ve hicles being operated on the highways of this State shall display lighted lamps and illuminating devices when it is raining in the driving zone; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 167. By Senator Broun of the 46th:
A Bill to be entitled an Act to restrict the drivers of all trucks using the public streets and highways from using the lane farthest to the left on multiple lane streets and highways; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 171. By Senators Riley of the 1st and Wasden of the 2nd:
A Bill to be entitled an Act to amend an Act unifying the governmental and corporate functions of the Mayor and Aldermen of the City of Sa vannah with the governmental and corporate functions of the Commis sioner and ex officio Judges thereof, so as to change certain dates and times and Council Districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, FEBRUARY 15, 1973

719

Mr. Levitas of the 50th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 355. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to prohibit any person, firm or corporation from advertising seeking to induce any person to purchase an instru ment comparable to an insured deposit or share account in any bank, savings and loan association, when the instrument does not possess comparable insurance coverage as determined by the Commissioner of the Department of Banking and Finance; and for other purposes.

The motion prevailed, and HB 355 was reconsidered.

Mr. Brown of the 89th asked unanimous consent that HB 355 be recommitted to the Committee on Banks and Banking for further study. The consent was granted, and HB 355 was recommitted.

Mr. Bostick of the 123rd asked that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 318. By Messrs. Bostick and Patten of the 123rd, Strickland and Harrison of the 116th and others:
A Bill to be entitled an Act to provide minimum salaries for clerks of the superior courts of the various counties within the State, to be paid from county funds; 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, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Berry Blackshear

Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burton Carlisle Carr Chance

Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, Gib

720
Dent Dickey Dixon Dorminy Duke Evans Floyd, J. H. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris Hays Horton, G. T. Horton, W. L. Hudson Huthcinson Irvin, J. Irvin, R. Irwin, J. R. Jessup

JOURNAL OF THE HOUSE,

Johnson Keyton Knight Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Levitas
Logan Marcus Mason Matthews, C. McKinney Miles Morgan Mulherin Mullinax
Murphy Northcutt Oxford Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey

Reaves Ritchie Rogers Ross Rush Russell, W. D.
Savage Shanahan Smith, J. R. Snow Stephens Strickland Sweat Thomason Turner Twiggs Vaughn Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.

Bohannon Busbee Castleberry Howard Lee, W. S.

Lowrey McDonald Nessmith Odom

Patterson Russell, J. Wall Wilson, M. L.

Those not voting were Messrs.:

Adams, John Alien Atherton Brown, C. Buck Burruss Carrell Davis, E. T. Dean, J. E. Dean, N. Dollar Edwards Egan Elliott Ellis, M. W. Ezzard

Farrar Floyd, L. R. Fraser Hamilton Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Howell
Jones Jordan
King Kreeger Lambert Lane, W. J.

Larsen, G. K. Lewis Matthews, D. R. Mauldin McCracken McDaniell Milford Moyer Nix Noble Patten, G. C. Patten, R. L. Roach Sams Shepherd Smith, V. B.

Thompson Toles Townsend

THURSDAY, FEBRUARY 15, 1973

721

Triplet! Tucker Ware

Willis Mr. Speaker

On the motion to reconsider, the ayes were 111, nays 13.

The motion prevailed and HB 318 was reconsidered.

By unanimous consent, HB 318 was recommitted to the Committee on Re tirement for further study.

By unanimous consent, the following Bills of the House were withdrawn from the Committee on Human Relations and referred to the Committee on Judiciary:

HB 48. By Messrs. Morgan of the 70th, Vaughn of the 57th, Harris of the 51st and Roach of the 8th:
A Bill to be entitled an Act to amend Code Section 24A-301, relating to jurisdiction over juveniles, so as to provide that the juvenile court shall have exclusive original jurisdiction and shall be the sole court for initiating action concerning any child whose custody is the subject of controversy; and for other purposes.

HB 553. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd and Walker of the 100th:
A Bill to be entitled an Act to amend the "Children and Youth Act", so as to change the penalty provisions relating to certain youthful offenders; and for other purposes.

HB 554. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd and Walker of the 100th:
A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to provide that the said courts shall have the jurisdiction over any child under the age of 17 years; and for other purposes.

HB 584. By Mr. Harris of the 51st:
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; and for other purposes.

722

JOURNAL OF 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 154-604. By Messrs. Smith of the 91st, Murphy of the 18th and Colwell of the 4th:
A RESOLUTION
Approving the Purchase Bid of Stone Port Land Co. (a Tennessee corporation) ; approving the Contract of Sale entered into by the State of Georgia, acting by and through the State Properties Control Com mission, and Stone Fort Land Co. for the purchase by Stone Fort Land Co. from the State of Georgia of certain property located in the City of Chattanooga, Hamilton County, Tennessee, being bounded on the north by Ninth Street, on the east by Broad Street, and on the southwest and west by property now or formerly owned by the Louisville and Nashville Railroad Company, being that portion of the Chattanooga Union Passenger Station Building and depot property owned by the State of Georgia; approving the Form of Deed in Fee Simple to be given pursuant to the Contract of Sale; authorizing and directing the Chairman of the State Properties Control Commission to execute and deliver to Stone Fort Land Co., for and on behalf of the State of Georgia, a deed identical to the approved Form of Deed in Fee Simple upon full compliance by Stone Fort Land Co. with its obligations under the Contract of Sale; and for other purposes.
WHEREAS, by Code Chapter 91-1A, the "State Properties Control Code", as amended, 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"; and
WHEREAS, the Commission determined that it would be advan tageous to the State of Georgia to seek public competitive bids for either the long-term leasing of, or the purchase of, certain property under the control of the Commission located in the City of Chattanooga, Hamilton County, Tennessee, being bounded on the north by Ninth Street, on the east by Broad Street, and on the southwest and west by property now or formerly owned by the Louisville and Nashville Rail road Company, which is that portion of the Chattanooga Union Pas senger Station Building and depot property owned by the State of Georgia, hereinafter sometimes called "the Property" and being more particularly described in Exhibit "A" which is attached to the Contract of Sale, and recently released to the State of Georgia by the Louisville and Nashville Railroad Company from the March 4, 1968, Lease of the Western and Atlantic Railroad, with any bid and any lease or Contract of Sale being subject to the approval of the General Assembly of Georgia prior to the creation of an obligation upon the State of Georgia to so lease or convey the Property; and
WHEREAS, the Commission did therefore obtain and approve three appraisals of the value of the Property by three qualified ap praisers; and

THURSDAY, FEBRUARY 15, 1973

723

WHEREAS, the Commission did determine the proper form of the Advertisement, Invitation for Bids, Instructions to Bidders and complete forms of the Lease Bid, the Purchase Bid, the Lease, the Contract of Sale, and the Deed in Fee Simple concerning the proposed leasing or sale of the Property; and

WHEREAS, formal advertisement for public competitive bids pursuant to the Invitation for Bids was made and the bids received were publicly opened on October 31, 1972; and

WHEREAS, on November 3, 1972, the Commission did, after due consideration and discussion at a public meeting held on that date, formally determine in accordance with the procedure set forth in the Instructions to Bidders that the Purchase Bid of $445,000.00 made by Stone Fort Land Co. (a Tennessee corporation) was the highest bid received and that Stone Fort Land Co. was the highest responsible bidder; and

WHEREAS, the Commission has by its Resolution at a regularly held meeting, requested that the General Assembly of Georgia: (1) consider and approve the Purchase Bid of Stone Fort Land Co. for the purchase of the Property, an exact copy of which is attached to, in corporated in and by reference made a part of this Resolution; (2)
consider and approve the Contract of Sale entered into by the State of Georgia, acting by and through the Commission, and Stone Fort Land Co. resulting from the receipt of the public competitive bids by the Commission, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; (3) consider and approve the Form of Deed in Fee Simple to be given pursuant to the Contract of Sale, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; and (4) authorize and direct the Chairman of the Commission to execute and deliver to Stone Fort Land Co., for and on behalf of the State of Georgia, a deed identical to the approved Form of Deed in Fee Simple upon full compliance by Stone Fort Land Co. with its obligations under the Contract of Sale; and

WHEREAS, the General Assembly of Georgia has carefully con sidered the requests made by the Commission and has determined that all of the requests should be granted.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Purchase Bid of Stone Fort Land Co., the Contract of Sale, and the Form of Deed in Fee Simple are hereby approved.

BE IT FURTHER RESOLVED that the Chairman of the State Properties Control Commission is hereby authorized and directed to execute and deliver to Stone Fort Land Co., for and on behalf of the State of Georgia, a deed identical to the approved Form of Deed in Fee Simple upon full compliance by Stone Fort Land Co. with its obligations
under the Contract of Sale.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu-

724

JOURNAL OF THE HOUSE,

tion to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Stone Fort Land Co.

TO: The Governor as Chairman, State Properties Control Commission State Capitol Atlanta, Georgia 30334

PURCHASE BID

The undersigned, as bidder, hereby declares that each party inter ested in this Bid as a principal is named herein and that no other party has any interest in this Bid or in the actual Contract Of Sale 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 in good faith, without collusion or fraud.

The undersigned further declares that he has carefully examined and fully understands the attached Invitation For Bids, Instructions To Bidders, Form Of Contract Of Sale and Form Of Deed in Fee Simple. The undersigned acknowledges that the Contract Of Sale to be entered into is subject to approval or rejection by the General Assembly of Georgia at its next regular session. The Invitation For Bids, Instruc tions To Bidders, Form of Contract Of Sale and Form Of Deed In Fee Simple are hereby incorporated in and by reference made a part of this Bid.
The undersigned offers: (1) to contract with the State of Georgia acting through the State Properties Control Commission by entering into a Contract Of Sale identical to the attached Form Of Contract of Sale within ten (10) days from the date of receiving written notice of the Commission's acceptance of this Bid as provided in the Instructions To Bidders; (2) to fully and faithfully comply with all of the duties and obligations of the Purchaser contained in such Contract Of Sale if the Contract Of Sale be approved by the General Assembly of Georgia; and (3) to accept from the State of Georgia acting through the State Properties Control Commission pursuant to the Contract Of Sale a Deed In Fee Simple identical to the attached Form Of Deed in Fee Simple.

Attached hereto is a certified or cashier's check drawn on a United State National Bank and made payable to the order of the State Properties Control Commission in the amount of six (6) per cent of the amount of the bid. The undersigned agrees that in case of failure on his part to execute such Contract Of Sale within ten (10) days from the date of receiving written notice of the acceptance of this Bid as provided in the Instructions To Bidders or if after executing the Con tract Of Sale and before the sale is consummated, the undersigned declares or demonstrates his intention not to be bound by the Contract Of Sale, then such check, and the money payable thereby, shall be forfeited to the State of Georgia as fixed liquidated damages and not as a penalty, and the Chairman of the State Properties Control Commission shall collect the same for the benefit of the State of Georgia.
The amount of purchase price bid by the undersigned is $445,000.00. The property bid upon herein is more particularly described in the

THURSDAY, FEBRUARY 15, 1973

725

Exhibit "A" attached to the Form of Contract Of Sale attached hereto.

The full name and business address of each party interested in this Bid, as principal, is as follows:
Stone Fort Land Co. 118 East Eighth Street Chattanooga, Tennessee 37402

Title to the property will be taken in the following exact form of name: Stone Fort Land Co.

Signed and sealed this 27th day of October, 1972. Stone Fort Land Co. (A Tennessee Corporation) /s/ T. A. Lupton, Jr., President /s/ Joel W. Richardson, Jr., Secretary
STATE OF GEORGIA COUNTY OF FULTON:

FORM OF CONTRACT OF SALE

THIS AGREEMENT, made and entered into by and between the State of Georgia, acting by and through the State Properties Control Commission, Party of the First Part, whose address is 214 State Capitol, Atlanta, Georgia 30334 hereinafter sometimes referred to as Seller, and Stone Fort Land Co. (a Tennessee Corporation), Party of the Second Part, whose address is 118 East Eighth Street, Chattanoog-a, Tennessee 37402, hereinafter sometimes referred to as Purchaser.

WITNESSETH:

WHEREAS, the State of Georgia is the owner of certain real prop erty in the City of Chattanooga, Hamilton County, Tennessee which is more particularly described in Exhibit "A" attached hereto (hereinafter called "the property") ; and

WHEREAS, the State Properties Control Commission of the State of Georgia (hereinafter called "The Commission") has offered to sell the property upon public competitive bidding with any response to such offer to sell being subject to approval of the General Assembly of the State of Georgia; and

WHEREAS, the Commission advertised the property for competi tive bids and the Purchaser herein made a bid thereon which bid was accepted by the Commission; and

WHEREAS, the bid (herein called "the response") of Purchaser must be submitted for approval by the General Assembly of Georgia at its next regular session.

726

JOURNAL OP THE HOUSE,

NOW, THEREFORE, in consideration of the above-stated premises, and of the mutual and several covenants of the parties hereto, it is agreed as follows:
1.

CONVEYANCE OF TITLE Seller agrees that if the response of Purchaser be approved by the General Assembly of Georgia at its next regular session, Seller will convey to Purchaser fee simple title to the property more particularly described in Exhibit "A" attached hereto by a deed identical to the attached Form Of Deed In Fee Simple (which said Form is attached to, incorporated in and by reference made a part of this Contract Of Sale) within ninety (90) days after the close of the next regular session of the General Assembly of Georgia. Purchaser agrees that it will accept delivery of the deed tendered by Seller and simultaneously pay to Seller the purchase price as set forth in Paragraph 2 below within five (5) days after written notice from Seller of Seller's readiness to deliver the deed.
2.

PAYMENT OF PURCHASE PRICE

Purchaser agrees to pay to Seller the purchase price of Four Hundred and Forty-five Thousand and 00/100 Dollars ($445,000.00), to be paid in cash at the time of the delivery of the Deed In Fee Simple. The Purchaser has submitted to the Seller, receipt and acceptance whereof is hereby acknowledged, a check in the amount of Twenty-six Thousand Seven Hundred and 00/100 Dollars ($26,700.00), which was submitted along with the repsonse of Purchaser. It is hereby agreed by and between the parties hereto that the aforesaid sum ($26,700.00) is to be applied as part payment of the purchase price of the property at the consummation of this sale; and if the sale is not consummated due to Purchaser's default then and in that event, Seller shall retain said sum ($26,700.00) and shall apply it as fixed, liquidated damages caused by the Purchaser's defualt. In the event the sale is not consum mated for reason other than the default of Purchaser, said sum ($26,700.00) shall be returned to the Purchaser.

3.

ENTRY UPON PREMISES

Seller hereby gives to Purchaser and his representatives the right to enter, subject to the rights of tenants in possession, upon the prop erty at any time for purposes of making appraisals, soil tests, borings and surveys.
4.

EXAMINATION OF TITLE

Purchaser shall have sixty (60) days after the execution by Purchaser of this Contract of Sale within which to examine the title

THURSDAY, FEBRUARY 15, 1973

727

to the property and to determine whether Seller is vested with fee
simple title with the right to convey the same free and clear of any and all past due taxes (other than for the year in which this sale is consummated), encumbrances, encroachments, liens (except liens by, or similar to liens by, Orlan A. Sauckle, including but not limited to, those four (4) liens filed of record in the Office of the Register Of Deeds for Hamilton County, Tennessee, in Book 2064, Pages 57, 61, 65 and 69),
and past due special assessments (other than for the year in which this sale is consummated), any and all of which are deemed and defined as, and are hereinafter referred to as, "Defects In Title." Purchaser shall transmit to Seller a copy of an examining attorney's certificate of title or an interim title insurance binder rendered by a responsible title insurance company specifiying in detail any such Defects In Title. If the response of Purchaser be approved by the General Assembly in its next regular session, Seller agrees to exercise good faith and due diligence to correct any such Defects In Title within sixty (60) days after approval by the General Assembly of Georgia. If Seller shall not timely correct such Defects In Title, and Purchaser shall not elect by notice in writing to Seller to waive the same, Purchaser shall have the option of terminating this contract by giving notice of his election so to do in writing to Seller and Purchaser shall have all his remedies by law against Seller for failure to perform its obligations under this contract. Nothing herein contained shall be construed to require Pur chaser to accept other than a fee simple title free and clear of any such Defects In Title; however, it is agreed by and between the parties hereto that the property shall be sold subject to any and all liens by, or similar to liens, by, Orlan A. Saucke, including but not limited to, those four (4) liens filed of record in the Office of the Register of Deeds for Hamilton County, Tennessee, in Book 2064, Pages 57, 61, 65 and 69, all taxes and special assessments for the year in which this sale is consummated, all zoning regulations, governmental laws and ordinances, and all easements, deeds of conveyance, leases or grants of right or privilege or any other use (including City of Chattanooga sewer and water lines and utility company lines) or restrictions on use, whether visible or not, which might be revealed by an inspection of the property to be conveyed or of the laws of the State of Georgia, the State of Tennessee, Hamilton County, Tennessee, and the City of Chattanooga, Tennessee, or of the records of the Public Works Department of the City of Chattanooga, Tennessee, or of the records of the public utility companies doing business in the City of Chattanooga, Tennessee, or of the public records of Hamilton County, Tennessee.

5.

LIENS BY, OR SIMILAR TO LIENS BY, ORLAN A. SAUCKE
The Purchaser and Seller acknowledge that there presently exists without fault on the part of Seller, a lien which does, or might, affect the title to the property, and which is filed of record in the Office of the Register of Deeds for Hamilton County, Tennessee, in Book 2064, being on page 57 thereof. Seller expressly agrees to immediately begin to seek the removal of record of this lien and all liens similar to it which affect the title to the property, or a court decree declaring its or their invalidity, with good faith and due diligence and to endeavor to succeed in doing so within ninety (90) days after the close of of the

728

JOURNAL OP THE HOUSE,

next regular session of the General Assembly of Georgia. Purchaser expressly agrees that should Seller fail, after a good faith effort made with due diligence, to so timely remove this lien and all liens similar to it which affect the title to the property or to obtain a court decree declaring its or their invalidity, then Purchaser shall have no claim for damages for Seller's failure, but shall only be entitled to an option of either consummating this sale with the property being conveyed subject to this lien, or liens similar to it, or terminating this Contract of Sale and receiving back the sum of Twenty-six Thousand Seven Hundred and 00/100 Dollars ($26,700.00), the payment by Purchaser of which is acknowledged by Seller in Paragraph 2 above.

6.
TAXES AND ASSESSMENTS
The duty and liability to pay all taxes and special assessments for the year in which this sale is consummated which are or may become liens on the property shall be assumed by Purchaser.
7.
RISK OF LOSS OF IMPROVEMENTS
The rick of damage or destruction of the improvements located on the property by fire or other casualty prior to approval of the re sponse of Purchaser by the General Assembly of Georgia at its next regular session is hereby expressly assumed by Seller. Should the said improvements be damaged or destroyed by fire or other casualty prior to approval of the response of Purchaser by the General Assembly of Georgia at its next regular session, then at the election of Purchaser:

(a) this contract may be terminated; or

(b) if the General Assembly of Georgia thereafter approves the response of Purchaser at its next regular session, Purchaser may elect to consummate this sale and receive as credit toward the purchase price, a sum equal in amount to any proceeds of insurance as may be paid to Seller on a Claim for the loss or may be allocated by Seller in payment for the loss under Seller's self-insurance program.
Such election shall be exercised by Purchaser's giving notice to Seller thereof within ten (10) days after the amount of Seller's damage is determined. The risk of damage or destruction of the improvements located on the property by fire or other casualty after approval of the response of Purchaser by the General Assembly at its next regular session is hereby expressly assumed by Purchaser and should the said improvements be thereafter damaged or destroyed, Purchaser shall have no right to terminate this contract or to receive as credit toward the purchase price any sum equal to any proceeds or insurance as may be paid to Seller on a claim for the loss, or as may be allocated by Seller in payment for the loss under Sseller's self-insurance program.

THURSDAY, FEBRUARY 15, 1973

729

FIRE AND CASUALTY INSURANCE

Prior to approval of the response of Purchaser by the General Assembly of Georgia at its next regular session, Seller, free of expense to Purchaser, shall keep the improvements located on the property insured to the full insurable value thereof against loss or damage by fire and other casualties in a reputable insurance company or companies, or protected in Seller's self-insurance program, and shall diligently pursue the collection of any insurance proceeds due for losses thereunder accruing prior to such approval by the General Assembly of Georgia.

9.

CONDEMNATION

If, prior to the consummation of this sale, a suit or declaration of taking for the condemnation of the property or any part thereof shall be filed in a court of competent jurisdiction, or if the property or any part thereof is otherwise acquired for public purposes or if access to the property shall be restricted or denied as a result of the filing of a suit in eminent domain, Purchaser shall have the option of termi nating this contract by giving notice to Seller of his election so to do within ten (10) days of written notice by Seller to Purchaser of such an event. If Purchaser elects not to terminate this contract, the pur chase price set forth in Paragraph 2 above shall not be reduced or diminished and any award or compensation paid to Seller prior to con summation of this sale shall be and remain the sole property of Seller.

10.

NOTICES

All notices to be given hereunder shall be in writing and may be given by depositing the notice in the United States Registered or Certified Mail, postage prepaid, in an envelope addressed to the party to be notified at such party's address as herein set forth; and the day upon which such notice is so mailed shall be treated as the date of service.
11.

CONTINUITY

All of the terms, conditions, provisions and stipulations contained in this instrument shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns.

IN WITNESS WHEREOF, Purchaser has caused this instrument to be executed this 9th day of November, 1972.

Signed, sealed and delivered in the presence of: /s/ Ava McClendon
Witness /s/ R. D. Payne
Notary Public (SEAL)

Stone Fort Land Co., (A Tennessee Corporation), Purchaser By.
/s/ T. A. Lupton, Jr., President Attest:
/s/ Joel W. Richardson, Jr., Secretary (SEAL)

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JOURNAL OF THE HOUSE,

IN WITNESS WHEREOF, Seller, acting by and through the State Properties Control Commission, has caused this instrument to be executed this 13th day of November, 1972. Signed, sealed and delivered in the presence of:

/s/ Ann L. Adamson Witness

/s/ Dock H. Davis Notary Public, Georgia State at Large My Commission Expires January 7, 1974 (SEAL)

The State of Georgia, acting by and through the State Properties Control Commission,

SELLER

By: /s/ Jimmy Carter
Jimmy Carter, Governor and Chairman of the State Properties Control Commission

Attest: /s/ Ben W. Fortson, Jr.
Ben W. Fortson, Secretary of State of Georgia and as Secretary of State Properties Control Commission (SEAL)

LOCATED IN THE CITY OF CHATTANOOGA, TENNESSEE:

Being all that tract or parcel of land, being irregular in shape, and being bounded on the north by Ninth Street; on the east by Broad Street; and on the southwest and west by property now or formerly of Louisville And Nashville Railroad Company, and being more particularly described as follows:
THE FOLLOWING METES AND BOUNDS DESCRIPTION IS DRAWN ACCORDING TO A 200' GRID BASED ON THE GEORGIA STATE PLANE COORDINATE SYSTEM WITH AZIMUTHES GIVEN BASED ON DUE SOUTH BEING 0 00' 00":

Beginning at a point, which said point is located in the western right-of-way line of Broad Street and has a Y-coordinate of 1,837,295.866 and an X-coordinate of 157,613.258, and running thence on an azimuth of 359 28' 59", a distance of 807.471 feet to a point having a Y-coordinate of 1,836,488.428 and an X-coordinate of 157,620.543; running thence in a southerly direction along the western right-of-way line of Broad Street, which is a curve to the left having a chord 25.495 feet in length, to a point having a Y-coordinate of 1,836,463.013 and an X-coordinate of

THURSDAY, FEBRUARY 15, 1973

731

157,622.560; running thence in a northwesterly direction along an 8 00' curve to the right, which said curve has a chord 354.405 feet in length, to a point which has a Y-coordinate of 1,836,792,200 and an X-coordinate of 157,491.263; running thence in a northerly direction along- a 1 52' 30" curve to the right, which said curve has a chord 322.290 feet in length, to a point which has a Y-coordinate of 1,837,113.682 and an X-coordinate of 157,468.459; running thence along an azimuth of 179 30' 00", a distance of 348.053 feet to a point located in the southern right-of-way line of Ninth Street, having- a Y-coordinate of 1,837,461.722 and an X-coordinate of 157,465.442; running thence along- an azimuth of 269 23' 45", a distance of 82.505 feet to a point having a Y-coordinate of 1,837,462.592 and an X-coordinate of 157,547.942; running thence in a southeasterly direction along the western right-of-way line of Broad Street, which said western right-of-way line is a series of irregular curves having a straight line distance of 179.072 feet on a azimuth of 338 36' 12", to the point of beginning.

FOR PRIOR DEED OF REFERENCE, see Book the Register's Office of Hamilton County, Tennessee.

, Page in

The property described in this Exhibit "A" is shown as a portion of that property depicted by a plat of survey prepared by State Highway Department of Georgia Division of Surveys and Aerial Mapping and made by Joe V. Evans, Georgia Registered Land Surveyor No. 1105 and John O. Rosser, Jr., Georgia Registered Land Surveyor No. 1267, dated December 2, 1963, revised December 13, 1971, January 26, 1972, March 7, 1972, August 10, 1972, and September 18, 1972, and entitled PROPERTY OF STATE OF GEORGIA W & A RAILROAD, a copy of said plat of survey being attached hereto and by reference specifically incorporated into and made a part of this description insofar as it more particularly describes the property herein described.

This Instrument Prepared By

John C. Walden Assistant Attorney General State of Georgia, 132 Judicial Building 40 Capitol Square Atlanta, Georgia 30334

FORM OF DEED IN FEE SIMPLE

STATE OF GEORGIA, COUNTY OF FULTON: KNOW ALL MEN BY THESE PRESENTS THAT:

WHEREAS, the State of Georgia is the owner of certain real estate in the City of Chattanooga, Hamilton County, Tennessee, which is more particularly describe in Exhibit "A" attached hereto (hereinafter called "the property"); and

WHEREAS, the State Properties Control Commission of the State of Georgia (hereinafter called "the Commission") offered to sell the

732

JOURNAL OF THE HOUSE,

property upon public competitive bidding with any response to such offer to sell being subject to approval of the General Assembly of the State of Georgia; and

WHEREAS, the Commission advertised the property for competi

tive bids and the Grantee herein made a bid thereon, which bid was

accepted by the Commission and approved by the General Assembly

of the State of Georgia by a Resolution approved ... . . .. .....

,

197.....-; and

WHEREAS, this conveyance is made pursuant to the authority
granted by the Resolution of the General Assembly of the State of Georgia approved ....._....... ... ....._......._._., 197.. , and is executed by the Chairman and Secretary of the Commission for and on behalf of the Commission and the State of Georgia as they are so authorized to do by the said Resolution:

NOW, THEREFORE, the Premises Considered:

FOR AND IN CONSIDERATION of the sum of $

, cash

in hand paid, the receipt and sufficiency of which is hereby acknowl

edged, including the mutual and several covenants of the parties herein

contained, the State of Georgia, acting by and through the State

Properties Control Commission, hereinafter called "Grantor", duly au

thorized as aforesaid, does hereby well, transfer, and convey unto .._..... .

- .------__._------__.._----__----.---_..._----_, hereinafter called "Grantee", the

following described property, to-wit:

LOCATED IN THE CITY OF CHATTANOOGA, TENNESSEE:

Being all that tract or parcel of land more particularly de scribed on Exhibit "A" hereto attached.

FOR PRIOR DEED OF REFERENCE, see Book

, Page

in the Register's Office of Hamilton County, Tennessee.

SUBJECT to (if applicable at the time of execution, any and all liens by, or similar to liens by Orlan A. Saucke, including but not limited to, those four (4) liens filed of record in the Office of the Register of Deeds for Hamilton County, Tennessee, in Book 2064, pages 57, 61, 65 and 69) all zoning regulations, governmental laws and ordinances, easements, deeds of conveyance, leases or grants of right or privilege or any other use (including City of Chattanooga sewer and water lines and utility lines) or restriction on use whether visible or not, which might be revealed by an inspection of the property hereby conveyed or of the laws of the State of Georgia, the State of Tennessee, Hamilton County, Tennessee and the City of Chattanooga, Tennessee, or of the records of the Public Works Department of the City of Chattanooga, Tennessee, or of the records of the public utility companies doing business in the City of Chattanooga, Tennessee, or of the public records of Hamilton County, Tennessee.

TO HAVE AND TO HOLD the said real estate unto the Grantee,

THURSDAY, FEBRUARY 15, 1973

733

its successors and assigns, forever in fee simple, (to read "heirs and assigns forever in fee simple" if Grantee is an individual).

by Jimmy Carter, Governor and Chairman of the State Properties Con trol Commission, and attested by Ben W. Fortson, Jr., Secretary of State and Secretary of the State Properties Control Commission, on this the ..___... ............. day of .. .......... .... ....... 197 . .

STATE OF GEORGIA, ACTING BY AND THROUGH THE STATE PROPERTIES CONTROL
COMMISSION

By: JIMMY CARTER, Governor and Chairman of the State Properties Control Commission

ATTEST: BEN W. FORTSON, JR., Secretary of State and Secretary of the State Properties Control Commission

STATE OF GEORGIA: COUNTY OF FULTON:

On this the _.__.__.. day of _._..._.........___.___.___._______.___ , 19.---- , before me personally appeared JIMMY CARTER and BEN W. FORTSON, JR., with whom I am personally acquainted, and who upon oath acknowledged themselves to be the Governor and Chairman of the State Properties Control Commission and Secretary of State and Secretary of the State Properties Control Commission, respectively, of the State of Georgia (acting by and through the State Properties Control Commission), the within named bargainer, and that they as such Governor and Secretary of State, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the State of Georgia by themselves as such Governor and Secretary of State, and the further acknowledged that they executed the same as their free act and deed and for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.

By Commission Expires:

Notary Public

STATE OF TENNESSS: COUNTY OF HAMILTON:
I, or we, hereby swear or affairm that the actual consideration for

734

JOURNAL OP THE HOUSE,

this transfer or value of the property transferred, whichever is greater is $__.____.__.._.......___., which amount is equal to or greater than the amount which the property transferred would command at a fair voluntary sale.

Subscribed and sworn to before me this the ___ _._.__.._._.__........ ..._. day of

Affiant

Notary Public My Commission Expires:
LOCATED IN THE CITY OF CHATTANOOGA, TENNESSEE:
Being all that tract or parcel of land, being irregular in shape, and being bounded on the north by Ninth Street; on the east by Broad Street; and on the southwest and west by property now or formerly of Louisville And Nashville Railroad Company, and being more par ticularly described as follows:
THE FOLLOWING METES AND BOUNDS DESCRIPTION IS DRAWN ACCORDING TO A 200' GRID BASED ON THE GEORGIA STATE PLANE COORDINATE SYSTEM WITH AZIMUTHES GIVEN BASED ON DUE SOUTH BEING 0 00' 00":
Beginning at a point, which said point is located in the western right-of-way line of Broad Street and has a Y-coordinate of 1,837,295.866 and an X-coordinate of 157,613.258, and running thence on an azimuth of 359 28' 59", adistance of 807.471 feet to a point having a Y-coordinate of 1,836,488.428 and an X-coordinate of 157,620.543; running thence in a southerly direction along the western right-of-way line of Broad Street, which is a curve to the left having a chord 25.495 feet in length, to a point having a Y-coordinate of 1,836,463.013 and an X-coordinate of 157,622.560; running thence in a northwesterly direction along an 8 00' curve to the right, which said curve has a chord 354.405 feet in length, to a point which has a Y-coordinate of 1,836,792.200 and an X-coordinate of 157,491.263; running thence in a northerly direction along a 1 52' 30" curve to the right, which said curve has a chord 322.290 feet in length, to a point which has a Y-coordinate of 1,837,113.682 and an X-coordinate of 157,468.459; running thence along an azimuth of 179 30' 00", a distance of 348.053 feet to a point located in the southern right-of-way line of Ninth Street, having a Y-coordinate of 1,837,461.722 and an X-coordinate of 157,465.442; running thence along an Azimuth of 269 23' 45", a distance of 82.505 feet to a point having a Y-coordinate of 1,837,462.592 and an X-coordinate of 157,547.942; running thence in a southeasterly direction along the western right-of-way line of Broad Street, which said western right-of-way line is a series of irregular curves having a straight line distance of 179.072 feet on an azimuth of 338 36' 12", to the point of beginning.

THURSDAY, FEBRUARY 15, 1973

735

FOR PRIOR DEED OF REFERENCE, see Book , Page in the Register's Office of Hamilton County, Tennessee.

The property described in this Exhibit "A" is shown as a portion of that property depicted by a plat of survey prepared by State Highway Department of Georgia Division of Surveys and Aerial Mapping and made by Joe V. Evans, Georgia Registered Land Surveyor No. 1105 and John O. Rosser, Jr., Georgia Registered Land Surveyor No. 1267, dated December 2, 1963, revised December 13, 1971, January 26, 1972, March 7, 1972, August 10, 1972, and September 18, 1972, and entitled PROP ERTY OF STATE OF GEORGIA W & A RAILROAD, a copy of said plat of survey being attached hereto and by reference specifically in corporated into and made a part of this description insofar as it more particularly describes the property herein described.

A RESOLUTION

BY THE MAYOR AND BOARD OF ALDERMEN

WHEREAS, present State law regulating the manner in which firearms may be bourne prohibits covert carrying of any firearm out side a person's home, motor vehicle or place of business, and prohibits open carrying of pistols and revolvers without a license; and

WHEREAS, it appears that many assaults, robberies, killings and violent crimes against the person are committed by individuals carrying handguns without licenses; and

WHEREAS, the present crime of carrying a pistol or revolver without a license is only punishable as a misdemeanor with a sentence of up to $1,000. or both; and

WHEREAS, the State law which provides the procedure whereby a person may obtain a license from the County Ordinary to carry a pistol or revolver openly outside his home, his motor vehicle or his place of business sets out only minimal and vague criteria to be satisfied by an applicant in that he need only be (1) at least 21 years of age; (2) mentally competent; (3) free from felony conviction for 10 years and from forceable misdemeanor conviction for 2 years; and

WHEREAS, the licensing criteria governing the issuance by the Ordinary of such a license appears inadequate to permit any determina tion of an applicant's need to carry a handgun, the public places where the carrying of a handgun is necessary, the full criminal record of an applicant to include arrests and dispositions other than conviction and like consideration;

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF

ATLANTA that the General Assembly of Georgia be and is hereby urged to consider and adopt laws changing the degree of criminality of a

736

JOUKNAL OF THE HOUSE,

conviction for carrying a pistol or revolver from a misdemeanor to a fellony with an appropriate increase in the severity or punishment and consider and strengthen the criteria governing the issuance of a license
to carry a handgun.

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, S. D. Atherton Bailey Berlin Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Ellis

Evans Ployd, J. H. Ployd, L. R. Foster Fraser Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harrison Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson
Irvin, J. Johnson Jones Keyton King Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell

McDonald McKinney Miles Morgan Moyer Mulherin Murphy Nix Northcutt Odom Oxford Patten, R. L. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Rogers Rush Russell, J. Russell, W. D. Savage Shepherd Snow
Stephens Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle

THURSDAY, FEBRUARY 15, 1973

737

Walker Wall Wamble Wheeler, J. A.

Whitmire Williams Willis

Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Beckham Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Buck Coleman Collins, M. Collins, S. Dean, N. Dollar Edwards Egan Elliott Ezzard

Farrar Geisinger Gignilliat Hamilton Harris, J. R. Hawes Hill, G. Horton, W. L. Irvin, R. Irwin, J. R. Jessup Jordan Knight Lane, W. J. Larsen, W. W. Levitas Lewis Marcus MoCracken

Milford Mullinax Nessmith Noble Patten Patterson Reaves Roach Ross Sams Shanahan Smith, J. R. Smith, V. B. Strickland Townsend Ware Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 124, nays 0.

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

HB 161. By Messrs. Dorminy of the 115th, Grahl of the 88th, Alien of the 108th and others:
A Bill to be entitled an Act to amend an Act providing for forest fire protection, so as to provide that funds necessary to carry out the pro visions of said Act shall be provided from State funds; and for other purposes.

The following amendment was read and adopted:
Mr. Johnson of the 68th moves to amend HB 161 by striking the word "may" on line 18, Section 3 and inserting the word "shall".

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

738

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Bennett Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Carlisle Carr Carrell Castleberry Chance
Clark
Cole
Collins, M.
Collins, S.
Colwell
Coney
Connell
Daugherty
Davis, E. T.
Dean, Gib
Dean
Dent
Dickey
Dixon
Dollar
Dorminy
Edwards
Elliott
Ellis
Evans
Floyd, J. H.

Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harrison Hawes Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan
Keyton
King
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McKinney
Miles
Milford
Morgan

Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Shepherd Smith, J. R. Snow
Sweat
Thomason
Thompson
Toles
Triplett
Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Wamble Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

THURSDAY, FEBRUARY 15, 1973

739

Those voting in the negative were Messrs.:

Alexander, W. M. Beckham Busbee Duke Egan

Horton, W. L. Irvin, R. Kreeger Noble Petro

Phillips, L. L. Sams Savage Stephens Townsend

Those not voting were Messrs.:

Adams, G. D. Atherton Berry Buck Burruss Coleman Davis, W. Dean, J. E. Ezzard Farrar Geisinger

Groover Hamilton Harris, J. R. Hays Howard Knight Larsen, W. W. Levitas Lewis McCracken McDonald

Odom Pearce Peters Rainey Russell, W. D. Smith, V. B. Strickland Tucker Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 133, nays 15.

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

Mr. Carr of the 90th stated that he had been called from the floor of the House when the roll was called on the passage of HB 161 as amended, but had he been present would have voted "aye".

Mr. Petro of the 46th stated that he had inadvertently voted "nay" but in tended to vote "aye" on the passage of HB 161, as amended.

HB 357. By Mr. Smith of the 91st:
A Bill to be entitled an Act to amend Code Section 50-127, relating to jurisdiction and venue of habeas corpus in which such a petition is filed may, in its discretion, transfer such case to the court which imposed the sentence complained of; and for other purposes.

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

740

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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Dean, Gib Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ellis
Evans
Floyd, J. H.
Floyd, L. R.

Foster Fraser Geisinger Gignilliat Grantham Groover Harden Harrington Harris, J. F. Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson, Ted Hutchinson Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lowrey Marcus Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith

Nix Noble Odom Oxford Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

THURSDAY, FEBRUARY 15, 1973

741

Those voting in the negative were Messrs.:

Alexander, W. H. Bennett Blackshear

Bond Daugherty Hawes

Hill, B. L. King

Those not voting were Messrs.:

Brantley, H. H. Brown, B. D. Buck Chance Coleman Davis, W. Dean, J. E. Ezzard Farrar Grahl
Greer

Hamilton Harris, J. R. Howell Irvin, J. Irvin, R. Larsen, W. W. Levitas Lewis Logan McCracken

McDonald Northcutt Patten, G. C. Pearce Peters Rainey Smith, V. B. Strickland Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 8.

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

SR 11. 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; to provide that the administration of the unified judicial system shall be as provided by law; 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 I of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be desig nated Paragraph II, to read as follows:
"Paragraph II. Unified Judicial System. All of the courts of the State shall be a part of one unified judicial system. The ad ministration of the unified judicial system shall be as provided by law."

742

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 provide that all courts of the State shall be a part of one uni-
( ) NO f ied judicial system and to provide that the administra tion of the unified judicial system shall be as provided by law?"

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 Substitute was read:
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; to provide that the administration of the unified judicial system shall be as provided by law; 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 I of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be desig nated Paragraph II, to read as follows:
"Paragraph II. Unified Judicial System. For the purposes of administration, all of the courts of the State shall be a part of one unified judicial system. The administration of the unified judicial system shall be as provided by law. As used herein, administration does not include abolition or creation of courts, selection of judges, or jurisdictional provisions other than as otherwise authorized in this Constitution."
Section 2. The above proposed amendement to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

THURSDAY, FEBRUARY 15, 1973

743

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 all courts of the State shall be a part of one
( ) NO unified judicial system and to provide that the ad ministration of the unified judicial system shall be
as provided by law?"

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 amendments were read and adopted:
Mr. Howard of the 19th moves to amend the Committee substitute to SR 11 by adding at the end of the paragraph at line 19 the fol lowing :
"The administration provided herein shall only be performed by the unified judicial system itself and shall not be administered to or controlled by any other Department of Government.
Mr. Larsen of the 27th moves to amend the Committee substitute to SR 11 by striking "amendement" on line 20, page 1, and substituting "amendment".

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Bennett Berlin Berry

Blackshear Bond Bostick Brantley, H. H. Bray

744
Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Collins, M. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dickey Dixon Dorminy Edwards Egan Elliott Ellis Evans Ezzard Farrar Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton

JOURNAL OF THE HOUSE,

Harden Harrington Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, R. Jessup Johnson Jones Jordan King Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mulherin Noble Northcutt

Oxford Patten, G. C. Patten, R. L. Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Townsend Triplett Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, G. D. Beckham Bohannon Brantley, H. L. Collins, S. Duke Floyd, J. H. Floyd, L. R.

Foster Fraser Harris, J. F. Howard Irwin, J. R. Keyton Kreeger Lane, W. J.

Murphy Nessmith Nix Patterson Rainey Ross Stephens Turner

Those not voting were Messrs.:

Adams, John Brown, B. D. Carlisle

Coleman Colwell Davis, W.

Dean, J. E. Dollar Harris, J. R.

THURSDAY, FEBRUARY 15, 1973

745

Harrison Irvin, J. Knight Larsen, G. K. Larsen, W. W. Levitas Lewis

McCracken Miles Mullinax Odom Petro Savage Strickland

Thomason Tucker Twiggs Ware Willis Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 126, nays 24.

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

Messrs. Ware, Mullinax and Knight of the 65th, Levitas of the 50th, Larsen of the 27th, Thomason of the 8th and Turner of the 3rd stated that they had been called from the floor of the House when the roll was called on the adoption of SR 11, by substitute, as amended. Had they been present, they each would have voted "aye".

Mr. Harris of the 51st stated that he had been called from the House to attend a funeral when the roll was called on the adoption of SR 11, by substitute, as amended, but had he been present would have voted "aye".

HR 111-430. By Messrs. Shanahan of the 7th, Cole and Foster of the 6th and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to delete there from the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions; 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 deleting from the first paragraph thereof the following:

746

JOURNAL OF THE HOUSE,

"and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision af fected shall vote in said election,",

so that when so amended, the first paragraph of Paragraph V shall read as follows:

"Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to pro vide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known as 'The Revenue Certificate Laws of 1937,' as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribu tion systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenueproducing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and en umerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part 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.

THURSDAY, FEBRUARY 15, 1973

747

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

" ( ) YES Shall the Constitution be amended so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend,
( ) NO operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions?"

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.
Brown, S. P.

Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon

Dorminy Duke
Edwards Egan
Elliott Evans Parrar
Floyd, J. H. Ployd, L. R. Foster
Fraser Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison
Hawes Hays Hill, G.

748
Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.
Lewis
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald

JOURNAL OF THE HOUSE,

McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey
Reaves
Ritchie
Roach
Rogers
Ross
Rush
Russell, J.
Russell, W. D.

Sams Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Voting in the negative was Mr. Ellis.

Those not voting were Messrs.:

Chance Dean, J. E. Dean, N. Dollar Ezzard Geisinger Gignilliat Harris, J. R. Hill, B. L.

Howell Jessup Keyton Larsen, W. W. Levitas Logan Lowrey McCracken Mullinax

Noble Northcutt Petro Savage Smith, J. R. Vaughn Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 1.

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

THURSDAY, FEBRUARY 15, 1973

749

Messrs. Northcutt of the 89th and Geisinger of the 44th stated that they had been called from the floor of the House when the roll was called on the adoption of HR 111-430, but had they been present would have each voted "aye".

HB 268. By Messrs. Rainey of the 115th and Peters of the 2nd:
A Bill to be entitled an Act to provide for the organization of the Board of Natural Resources; to provide a short title; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for the organization of the Board of Natural Resources; to provide a short title; to provide for defini tions; to provide for the composition, appointment and compensation of members of the Board; to provide for filling vacancies; to provide for officers of the Board; to provide for powers and duties; 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. Short title. This Act shall be known and may be cited as the "Natural Resources Act of 1973."
Section 2. Definitions. For the purposes of this Act, the following words shall have the meanings shown below, unless the context clearly requires otherwise.
(a) "Department" shall mean the Department of Natural Re sources, as created by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1015), relating to the reorganization of the executive branch of government.
(b) "Board" shall mean the Board of Natural Resources, as pro vided in Article V, Section IV, Paragraph I of the Constitution.
(c) "Members" shall mean the members of the Board of Natural Resources.
Section 3. Composition; appointment. The Board shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden; and four mem bers from the State at large. The first members of the Board of Natural Resources shall consist of those members of the State Game and Fish Commission in office at the time this Act is adopted with terms pro vided by law. The four members from the State at large shall be appointed by the Governor and confirmed by the Senate. Initially, their

750

JOURNAL OP THE HOUSE,

appointments shall be for terms of one, three, five and seven years, respectively, to be designated by the Governor; thereafter, all succeeding appointments of members of the Board shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term, except in case of an unexpired term. In as far as it is practical, the members of the Board shall be representa tive of all areas and functions encompassed within the Department of Natural Resources. All members of the Board shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly
after the making of the appointment.

Section 4. Bond; oath of members. Persons appointed to the Board shall take oath of office and give bond in the sum of $1,000.00 in the usual form required of state officers.

Section 5. Chairman; meetings; per diem compensation and ex penses of members. The last chairman of the Game and Fish Com mission shall set the time and place for the first meeting of the Board, and he shall preside until the members of the Board elect officers. The members shall elect a chairman, vice-chairman and a secretary. These officers shall be elected for a period of one year and shall be elected annually at the January meeting. The Board shall hold regular meetings at least once every sixty days and may not hold more than six special or called meetings in any one calendar year. A special or called meeting may be called by the chairman or a majority of the members of the Board. The Board shall meet at such times and at such designated places in this State as it may determine. Eight members of the Board shall constitute a quorum.

The members, including the chairman, shall each receive $25 per diem for each day of actual attendance at official meetings of the Board, and actual cost of expenses including meals, lodging and trans portation. Reimbursement for expenses for transportation by private means shall be computed at the rate of ten cents per mile to the place of service and home by the nearest practical route. The members, in cluding the chairman, while on committee assignment shall be com pensated and reimbursed at the same rate as above; provided, however, that the total per diem compensation paid in any year to any member of the Board shall not exceed $1,200.00. Such per diem and actual expense shall be paid from funds of the Department.

Section 6. Powers and duties. The Board shall have the powers and duties which were previously vested in the Game and Fish Com mission and granted to the Board by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1015), relating to the reorganization of the execu tive branch of government.
Section 7. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, FEBRUARY 15, 1973

751

The following amendment was read and adopted:

Mr. Peters of the 2nd moves to amend HB 268, by substitute, by adding the following: "No more than two (2) members shall come from any congressional district.

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, S. Coney

Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hays

Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald

752
McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L.

JOURNAL OF THE HOUSE,

Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat

Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Beckham Berry Buck Coleman Collins, M. Colwell Dean, J. E.

Ezzard Harris, J. R. Hawes Irwin, J. R. Keyton Larsen, W. W. Matthews, D. R.

McCracken Mullinax Petro Vaughn Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 0.

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

The Speaker announced the House recessed until 1:45 o'clock, P.M.

AFTERNOON SESSION
The House was called to order by the Speaker.
The following Resolution of the House was read and referred to the Com mittee on Human Relations:

THURSDAY, FEBRUARY 15, 1973

753

HR 185. By Messrs. Patten and Bostick of the 123rd, Smith of the 74th and many others:

A RESOLUTION

Urging the Department of Human Resources with the assistance of appropriate State officials to implement a program to better inform Georgia's senior citizens about the benefits to which they are entitled and the laws which are applicable to them; and for other purposes.

WHEREAS, Georgia's senior citizens are responsible for the progress that has been made by the State of Georgia and are one of Georgia's most precious resources; and

WHEREAS, many senior citizens are not able to easily acquire in formation regarding the benefits to which they are entitled and the laws which are applicable to them; and

WHEREAS, many of the questions that senior citizens have could be answered by the publication of a brochure which briefly explains the laws applicable to older people and the benefits available to them; and

WHEREAS, the establishment of an information office and a toll-free line at the Department of Human Resources to answer ques tions that senior citizens have about benefits to which they are entitled and the laws applicable to them would be an outstanding tool for help ing Georgia's senior citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby urges the Department of Human Resources to prepare a brochure explaining the laws appli cable to Georgia's senior citizens and the benefits available to them and to establish a toll-free information line to an office in the Department of Human Resources which should be staffed with people who can answer any question that a senior citizen might have regarding the laws applicable to him and benefits available to him.

BE IT FURTHER RESOLVED that all appropriate State of ficials should take whatever action necessary to enable the Department of Human Resources to prepare said brochure and establish said tollfree line.

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 Governor and to the Commis sioner of Human Resources.

The following Resolution of the House was read and adopted:

754

JOURNAL OF THE HOUSE,

HR 188. By Messrs. Alexander of the 39th, Greer of the 43rd, Larsen of the 27th, and others:

A RESOLUTION

Congratulating the Central Presbyterian Church of Atlanta, Geor gia; and for other purposes.

WHEREAS, the Central Presbyterian Church of Atlanta, Georgia, will be celebrating its 115th anniversary on February 14, 1973; and

WHEREAS, the first service of the Church was held on February 14, 1858, at the Atlanta City Hall, the site of the present State Capitol;

and
WHEREAS, on March 4, 1860, the Church held its first service in the building located across the street from the State Capitol; and
WHEREAS, in 1864, Father O'Reilley persuaded General Sherman to spare the churches when burning Atlanta, and the Central Presby terian Church was one of seven churches which was not burned; and
WHEREAS, this outstanding organization has a distinguished record of constructive service to the community and at the present time operates a baby clinic, a methadone treatment center in conjunction with the State, a family planning program and a night medical clinic;
and

WHEREAS, the Church has long operated a cafeteria where ex cellent food is prepared and where many members of the General As sembly eat lunch; and

WHEREAS, the highly regarded pastor of this fine Church is the Reverend Randolph Taylor, who is also very active in community serv ices and has recently been named Chairman of Atlanta's Community Relations Commission; and

WHEREAS, it is only fitting and proper that this great Church and the members thereof be commended on their outstanding achieve ments and services through the past 115 years.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby congratulate the Central Presbyterian Church of Atlanta, Georgia, on its 115th anni versary, and does hereby commend the members of such Church on their excellent service to the community and the State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap-

THURSDAY, FEBRUARY 15, 1973

755

propriate copy of this Resolution to Reverend Randolph Taylor, Pastor of Central Presbyterian Church.

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

HB 265. By Messrs. Levitas of the 50th and Vaughn of the 57th:
A Bill to be entitled an Act to provide for the payment of relocation and replacement housing expenses of any person or family displaced by a Federal-aid project; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carrell Castleberry Chance Clark Coleman Collins, S. Coney Connell

Daugherty Davis, W. Dean, J. E. Dean, N. Dickey Dixon Dollar Duke Edwards Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T.

Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones Jordan Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Mauldin McKinney Milford Morgan Moyer Murphy Nessmith Odom Oxford Patten, G. C. Patten, R. L.

756
Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Ross

JOURNAL OF THE HOUSE,

Russell, J. Russell, W. D. Shanahan Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Toles Triplett

Tucker Waddle Walker Wall Wheeler Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Colwell Foster

Irwin, J. R. Miles

Twiggs Williams

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Alien Bailey Beckham Blackshear Bray Burruss Carr Cole Collins, M. Davis, E. T. Dean, Gib Dent Dorminy Egan Elliott Ezzard Greer Groover

Hamilton Hawes Horton, W. L. Howard Howell Johnson Keyton King Knight Kreeger Lambert Lee, W. J. (Bill) Lewis Mason Matthews, D. R. McCracken McDaniell McDonald Mulherin

Mullinax Nix Noble Northcutt Phillips, L. L. Reaves Rush Sams Savage Shepherd Stephens Thompson Townsend Turner Vaughn Wamble Ware Whitmire Mr. Speaker

On the passage of the Bill, the ayes were 116, nays 6.

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

HB 153. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to provide that no individual firm, cor poration or business shall install or sell certain hot water tanks or heaters without approved relief valves; and for other purposes.

THURSDAY, FEBRUARY 15, 1973

757

The following Committee substitute was read and adopted:

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; to prevent the installation or sale of unapproved relief valves; to provide that certain hot water supply storage tank or heater dip tubes, supply and hot water nipples, supply water baffles and heat traps must be tested before installation or sale; to provide for penalties; to provide for certain local regulations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Certain automatic storage type water heaters to be listed and labeled and to be installed with listed and labeled relief valves; in stallation of non-labeled water heaters and relief valves prohibited.

(a) All automatic storage type water heaters having a tank capacity of 120 gallons or less hereafter installed by an individual, firm, corporation or business shall bear a label of nationally recog nized testing agency indicating that heaters comply with national safety requirements. All such automatic storage heaters shall have installed thereon at time of installation a listed pressure and tem perature relief valve set at or below the safe working pressure of tank as indicated by manufacturer's nameplate or label on the heater.

(b) Any relief device, whether it be pressure type, temperature type or combination pressure-temperature type, installed by an in dividual, firm, corporation or business shall bear a label or mark ing indicating compliance with applicable national standards such as American National Standards Institute, American Society of Me chanical Engineers or National Board of Boiler and Pressure Ves sel Inspectors. The temperature relief rating of the valve shall be not less than energy input rate shown on the nameplate of the water heater.

Section 2. No individual, firm, corporation or business shall in stall, sell or offer for sale any automatic storage hot water heater having a tank capacity of 120 gallons or less which utilizes dip tubes, supply and hot water nipples, supply water baffles or heat traps that will not withstand the maximum water temperature permitted by the temperature relief device furnished with the heater.

Section 3. Penalty for violation of Act. Any person violating any provision of this Act shall be guilty of a misdemeanor and upon con viction thereof shall be punished as for a misdemeanor.

Section 4. Local regulation of hot water heater safety features. Nothing in this Act shall be construed to abrogate or affect, the pro-

758

JOURNAL OP THE HOUSE,

visions of any lawful ordinance, regulation or resolution which is more restrictive than the provisions of this Act.

Section 5. Standard repealer. All laws and parts of laws in con flict 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Berlin
Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Coleman Coney Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon

Dollar Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Foster Fraser Gignilliat Grahl Grantham Groover Harden Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones Jordan Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Levitas Logan Lowrey Marcus Matthews, C. McDonald McKinney Miles Morgan Moyer Mulherin Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Shanahan Shepherd

Smith, V. B. Snow Sweat Thomason Thompson Toles

THURSDAY, FEBRUARY 15, 1973

759

Triplett Tucker Vaughn Waddle Walker Wall

Wamble Wheeler, Bobby Williams Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Colwell

Mauldin

Twiggs

Those not voting were Messrs.:

Alexander, W. M. Beckham Bennett Brantley, H. H. Bray Burton Cole Collins, M. Collins, S. Davis, W. Dean, Gib Dorminy Ezzard Floyd, L. R. Geisinger Greer

Hamilton Harrington Hawes Hill, B. L. Howard Irwin, J. R. Johnson Keyton King Knight Kreeger Lambert Lewis Mason Matthews, D. R. McCracken

McDaniell Milford Mullinax Phillips, L. L. Sams Savage Smith, J. R. Stephens Strickland Townsend Turner Ware Wheeler, J. A. Whitmire Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 3.

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

HB 386. By Messrs. Lane and Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act establishing the qualifi cations for agents of the Division of Investigation, so as to authorize the Director of the Division of Investigation to retain on a contractual basis such persons as he deems necessary to combat the menace of narcotic and drug abuse; and for other purposes.

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

760

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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole
Coney
Connell
Dean, Gib
Dent
Dickey
Dixon
Dollar
Duke
Edwards
Egan
Elliott
Ellis
Evans
Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser

Geisinger Gignilliat Grahl Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer

Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B.
Snow
Stephens
Sweat
Toles
Triplett
Tucker
Twiggs
Waddle
Walker
Wall
Wamble
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

THURSDAY, FEBRUARY 15, 1973

761

Those not voting were Messrs.:

Alexander, W. H. Beckham Bennett Bond Bray Brown, B. D. Coleman Collins, M. Collins, S. Colwell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.

Dorminy Ezzard Greer Hamilton Hawes Hill, B. L. Horton, G. T. Howell Jordan Keyton Lambert Larsen, W. W. Lewis McCracken Patten, R. L.

Phillips, L. L. Pinkston Reaves Russell, W. D. Strickland Thomason Thompson Townsend Turner Vaughn Ware Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, the ayes were 136, nays 0.

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

Mr. Patten of the 124th stated that he had been called from the floor of the House when the roll was called on the passage of HB 386, but had he been present would have voted "aye".

HB 112. By Messrs. Mullinax and Knight of the 65th, Bray of the 66th, Grahl of the 88th and others:
A Bill to be entitled an Act to amend Code Chapter 84-17, relating to jewelry auctions, so as to regulate the sale at auction of other articles of personal property; and for other purposes.

The following amendment was read and adopted:
Mr. Pinkston of the 89th moves to amend HB 112 by striking from line 4 on page 2 the following, "any executor or administrator," and adding in lieu thereof the following, "any person, firm or corporation acting in any fiduciary capacity."

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:

762

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry
Chance
Clark
Cole
Collins, S.
Coney
Connell
Daugherty
Davis, W.
Dean, Gib
Dean, J. E.
Dent
Dickey
Dollar
Dorminy
Duke
Edwards
Egan
Ellis
Evans
Farrar
Floyd, J. H.

Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones
Jordan
Keyton
King
Knight
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, G, K.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell

McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Ross Rush Russell, J. Sams Savage Shanahan
Shepherd
Smith, V. B.
Stephens
Strickland
Toles
Townsend
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Ware
Wheeler, J. A.
Whitmire
Willis
Wilson, J. M.
Wilson, M. L.
Wood

THURSDAY, FEBRUARY 15, 1973

763

Those voting in the negative were Messrs.:

Dean, N. Dixon

Sweat

Williams

Those not voting were Messrs.:

Bennett Bohannon Coleman Collins, M. Colwell Davis, E. T. Elliott Ezzard Hawes

Hill, B. L. Larsen, W. W. McCracken Nessmith Noble Patterson Pearce Rainey Rogers

Russell, W. D. Smith, J. R. Snow Thomason Thompson Wamble Wheeler, Bobby 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.

HB 307. By Messrs. Buck of the 87th, Murphy of the 18th, Rush of the 104th and others:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to change the benefits and provisions relative to persons who have previously retired; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton

Bailey Beckham Berlin Berry Blackshear Bohannon Bond Bostick

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

764
Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Parrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison

JOURNAL OF THE HOUSE,

Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford

Patten, G. C. Patten, E. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Bennett Collins, M. Ezzard Hamilton Hawes

Hill, B. L. Hill, G. Horton, W. L. Lambert Matthews, D. R.

McCracken Russell, W. D. Savage Townsend Mr. Speaker

THURSDAY, FEBRUARY 15, 1973

765

On the passage of the Bill, the ayes were 165, nays 0.

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

HB 351. By Mr. Vaughn of the 57lh :
A Bill to be entitled an Act to provide that it shall be unlawful to tear down, deface, or change a detour sign, warning sign, barricade or fence or to drive around barricade or fence or a road closed sign or to drive upon a section of road not officially opened to public traffic by the proper authority or to wilfully ignore or disregard a warning sign before the road has been officially opened to public traffic by the 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick
Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee
Carlisle

Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N.
Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis
Evans

Farrar Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes
Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R.
Jessup

766
Johnson Jones Jordan Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin

JOURNAL OF THE HOUSE,

Mullinax Murphy Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage

Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Thomason Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Brantley, H. L. Colwell Davis, W. Elliott Ezzard Floyd, L. R. Hamilton

Hill, B. L. Hill, G. Irvin, R. Lambert Lane, W. J. Levitas Lewis

McCracken Nes smith Sweat Thompson Townsend Willis 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 131. By Messrs. Snow of the 1st and Dean of the 60th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post trial procedure, so as to provide for inter locutory appeals upon petition to the Supreme Court of Appeals; and for other purposes.

THURSDAY, FEBRUARY 15, 1973

767

By unanimous consent, further consideration of HB 131 was postponed until tomorrow, February 16, 1973.

HB 154. By Messrs. Jordan of the 58th, Farrar of the 52nd, Smith of the 91st and others:
A Bill to be entitled an Act to amend an Act entitled "The Act creating the Public School Employees' Retirement System", so as to provide for early retirement; to provide for the vesting of retirement benefits; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "The Act Creating the Public School Employees Retirement System", approvad April 30, 1969 (Ga. Laws 1969, p. 998), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 416), and by an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), so as to change the provisions relative to ter mination of membership; to provide for early retirement; to provide for the vesting of retirement benefits; to change the provisions relating to retirement benefits; to provide for disability retirement benefits; 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 entitled "The Act Creating the Public School Employees Retirement System", approved April 30, 1969 (Ga. Laws, 1969, p. 998), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 416), and by an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), is hereby amended by striking the word, "three" from subsec tion (c) of Section 4, wherever the same appears, and inserting in lieu thereof the word, "four" so that when so amended subsection (c) of Section 4 shall read as follows:
"(c) The membership of any member shall terminate if he re tires under this system or withdraws his contributions, or if in a period of four consecutive years after becoming a member, he renders less than one year of service, except as hereinafter pro vided. Any member who has not withdrawn his contributions to the Retirement System may retain his membership while on any leave of absence authorized by rules and regulations of the Board. The Board may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board, or if he ceases to be a contributing member by reason of illness preventing him from rendering service for as much as one year in a period of four consecutive years. No benefit under the Retire ment System other than the payment of the accumulated contribu-

768

JOURNAL OF THE HOUSE,

tions of such an employee shall become payable to him or on his account while he is not in service as a public school employee, and no employer contributions shall be made to the system during any such time."

Section 2. Said Act is further amended by striking from the last sentence of subsection (a) of Section 6 the following:

"subsection (b)"

and inserting in lieu thereof the following:

"subsections (b) through (e)"

so that when so amended subsection (a) of Section 6 shall read as follows:

"(a) The normal retirement date of a member shall be the first day of the month coinciding with or next following the date he attains the age of 65, except that the normal retirement date of a member who is age 64 or over on the effective date of this Act shall be January 1, 1971. A member shall retire on his normal retirement date except as otherwise provided in subsections (b) through (e) of this Section."

Section 3. Said Act is further amended by adding at the end of Section 6 two new subsections to be designated subsections (d) and (e) and to read as follows:

"(d) The early retirement date of a member shall be the first day of the month coinciding with or next following the date he attains the age of 60. A member may retire, at his option, at his early retirement date and receive the retirement benefit provided by subsection (d) of Section 7 of this Act.

"(e) The right to a retirement benefit under this Act shall vest in a member who has 10 or more years of creditable service if he has not withdrawn his contributions, and upon attaining his normal retirement age or his early retirement age, he shall begin receiving the appropriate retirement benefit provided by Section 7
of this Act."

Section 4. Said Act is further amended by striking from subsection (b) of Section 7 the following:

"two dollars ($2.00)"

and inserting in lieu thereof the following: "$5.00"

THURSDAY, FEBRUARY 15, 1973

769

so that when so amended subsection (b) of Section 7 shall read as follows:

"(b) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be $5.00 multipiled by the number of the member's years of creditable service."

Section 5. Said Act is further amended by striking from subsection (d) of Section 7 the following:

"as provided in subsection (c)"

and inserting in lieu thereof the following:

"pursuant to subsection (c) through (e)"

so that when so amended subsection (d) of Section 7 shall read as follows:

"(d) Any member exercising his right to retire at an early retirement date, pursuant to subsections (c) through (e) of Section 6 of this Act, shall receive a monthly retirement benefit which shall begin on the early retirement date. Such benefit shall be payable on the first day of each month thereafter during his life time. The amount of each monthly retirement benefit shall be computed in the same manner as for a normal retirement benefit based on the number of years of creditable service as of the mem ber's early retirement date; except, however, such benefit shall be actuarially reduced at the rate of one-half of one percent (% of 1%) for each full month that such member is under sixty-five
(65) years of age."

Section 6. Said Act is further amended by adding a new subsection at the end of Section 7 to be designated subsection (e) and to read as follows:

"(e) The retirement benefit provided by subsection (b) of this Section shall be payable to those persons who retired under the provisions of this Act at any time prior to July 1, 1973, as well as to those members who retire after that date."

Section 7. Said Act is further amended by adding a new Section 7A between Sections 7 and 8 to read as follows:

"Section 7A. Disability Retirement Benefits. Any member, after obtaining a minimum of fifteen years of creditable service, who shall become totally and permanently disabled to the extent that he is unable to perform the duties of his employment, shall be entitled to receive a disability retirement benefit equal to the full retirement benefit under subsection (b) of Section 7 of this Act

770

JOURNAL OF THE HOUSE,

based on the number of years' service at the time of his becoming disabled. The disability of any member applying for disability retirement benefits shall be determined by the Board in the same manner and under the same procedure as disability of State em ployees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved March 3, 1949 (Ga. Laws 1949, p. 138), as now or hereafter amended. Disability retirement benefits shall become payable within 30 days after such disability is determined by the Board as herein provided."

Section 8. Said Act is further amended by striking subsection (a) of Section 8 in its entirety and substituting in lieu thereof a new sub section (a) to read as follows:

"(a) A member may elect, or may revoke a previous election and make a new election, at any time prior to his retirement, to have his retirement benefit payable under one of the options hereinafter set forth in lieu of the lifetime income he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the member in writing and shall be subject to approval
by the Board."

Section 9. Said Act is further amended by striking subsection (a) of Section 9 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) If a member dies prior to his normal retirement date, his beneficiary shall receive a lump sum refund of his accumulated contributions made under the Retirement System to the member's date of death, unless the member retired before his normal retire ment date in which event the refund of contributions shall be reduced by the amount of retirement benefits paid prior to the member's death."

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John

Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Bailey

THURSDAY, FEBRUARY 15, 1973

771

Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans Ezzard Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Geisinger
Gignilliat

Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy

Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall
Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

772

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Elliott Hawes Matthews, D. R.

McCracken Savage

Townsend Mr. Speaker

On the passage of the Bill by substitute, the ayes were 173, nays 0.

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

Mr. Matthews of the 122nd stated that he had been called from the floor of the House when the roll was called on the passage of HB 154, by substitute, but had he been present would have voted "aye".

HB 415. By Messrs. Brown of the 67th and Lowrey of the 15th:
A Bill to be entitled an Act to create the Georgia State Board of Barbers; and for other purposes.

The following Committee amendment was read and adopted:

The House Health and Ecology Committee offers the following amendment:
Amend HB 415 by striking from the title, beginning on line 16 of page 1, the following:
"and continuing education requirements therefor".
By striking from Section 15, on line 6 of page 9, the symbol and words:
"; continuing education requirement".
By striking from said Section 15, on page 9, the language beginning on line 19 and continuing through line 22, which reads as follows:
"At least once every two years, every licensed barber teacher shall attend a prescribed course of study and training of not less than two weeks in a barber school approved by the Board."
By striking from subsection (c) of Section 18, on line 23 of page 10, the following:
"7th",

THURSDAY, FEBRUARY 15, 1973

773

and inserting in lieu thereof the following: "5th".

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien
Atherton Bailey Bennett Berlin Berry Blackshear Bond
Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Burton
Busbee Carlisle Carr Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent Dickey Dixon Dollar Dorminy Duke Edwards
Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Grahl Grantham Greer
Groover Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Irvin, J.
Jessup Johnson
Jones Keyton King Knight Kreeger
Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.

Levitas
Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney
Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom
Oxford Patten, G. C. Patten, R. L.
Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie
Roach Ross Rush Russell, J.
Sams Shanahan Shepherd

774
Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles

JOURNAL OP THE HOUSE,

Triplett Tucker Waddle Walker Wall Wamble Ware

Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Alexander, W. M. Beckham Bohannon Cole Colwell Daugherty Egan Elliott Ellis Evans Ezzard Foster Gignilliat

Hamilton Harrison Hawes Horton, W. L. Howard Hutchinson Irvin, R. Irwin, J. R. Jordan Lane, W. J. Lewis McCracken Noble

Patterson Reaves Rogers Russell, W. D. Savage Stephens Townsend Turner Twiggs Vaughn Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 0.

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

HB 308. By Messrs. Buck of the 87th, Lane of the 76th, Rush of the 104th and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act creating the Peace officers' Annuity and Benefit Fund, so as to divide Section 5 into subsections for easier reference; and for other purposes.

The following Committee amendment was read and adopted:
The House Committee on Retirement moves to amend HB 308 as follows:
1. By adding in the title, before the words "to repeal conflicting laws", the following:
"to provide an effective date;".

THURSDAY, FEBRUARY 15, 1973

775

2. By striking from the quoted language in Section 5 of said Bill the following:

"Provided, however, if such peace officer received any disability benefit provided for under this Section shall be reduced in the amount of such disability benefits received, however, in no event shall such death benefit be less than $1,500.00, regardless of the amount of benefits such peace officer may have drawn prior to his death.",

and inserting in lieu thereof the following:

"Provided, however, if such peace officer received any disability benefits under provisions of this Act, the $4,500.00 death benefits provided for under this Section shall be reduced in the amount of such disability benefits received, however, in no event shall such death benefit be less than $1,500.00, regardless of the amount of benefits such peace officer may have drawn prior to his death."

3. By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

"Section 6. This Act shall become effective April 15, 1973."

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark ' Cole Coleman

Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan

776
Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick

JOURNAL OF THE HOUSE,

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves

Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Beckham Colwell
Daugherty Elliott Ezzard Hawes Hill, B. L. Hill, G.

Irvin, R. Ezzard Hawes Hill, B. L. Hill, G.
Irvin, R. Lewis McCracken

Moyer Noble Patterson Russell, W. D. Savage Townsend Mr. Speaker

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

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

THURSDAY, FEBRUARY 15, 1973

777

HB 248. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to create within the Division of Environmental Prtoection an Economic Analysis Section; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, John Alexander, W. H. Bailey Beckham Berlin Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carlisle Castleberry Clark Collins, S. Coney Connell Daugherty Dean, Gib Dean, J. E. Dickey

Edwards Egan Elliott Ellis Floyd, L. R. Geisinger Greer Hamilton Harris, J. R. Hays Hill, B. L. Horton, G. T. Horton, W. L. Hutchinson Johnson Jordan Knight Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C.

Matthews, D. R. McKinney Morgan Moyer Mulherin Mullinax Nix Odom Patten, G. C. Phillips, L. L. Pinkston Roach Russell, J. Russell, W. D. Sams Savage Shanahan Snow Toles Townsend Triplett Vaughn Waddle Ware

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Atherton Bennett Berry Bohannon Burruss

Carr Chance Cole Coleman Collins, M. Colwell Davis, E. T.

Dent Dixon Dollar Dorminy Duke Evans Floyd, J. H.

778
Foster Fraser Grahl Grantham Groover Harden Harrington Harris, J. F. Hill, G. Howard Howell Hudson Irvin Jessup Keyton King Kreeger Lambert Lane, Dick

JOURNAL OP THE HOUSE,

Lane, W. J. Mason Mauldin McDaniell McDonald
Miles Milford Nessmith
Noble Northcutt Oxford Patten Patterson
Pearce Peters Petro Rainey Reaves Ritchie

Rogers Rush
Smith, J. R. Smith, V. B. Stephens
Sweat Tucker Turner Twiggs Walker Wall
Wamble Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Alien Buck Burton Carrell Davis, W. Dean, N. Ezzard Farrar

Gignilliat Harrison Hawes Irvin, R. Irwin, J. R. Jones Larsen, W. W. Lewis McCracken

Murphy Phillips, G. S.
Ross Shepherd Strickland Thomason Thompson Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 74, nays 78.

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

Mr. Geisinger of the 44th 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 248.

HB 344. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Department may pay addi tional compensation for certain extra or overtime work; and for other purposes.

THURSDAY, FEBRUARY 15, 1973

779

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin
Alexander, W. H. Alexander, W. M. Alien Atherton
Bailey Beckham Berlin Berry Blackshear Bohannon Bond Bostick
Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck
Burruss Busbee Carlisle Carr Carrell Castleberry Chance
Clark Cole Coleman
Collins, M. Colwell Coney Connell Daugherty Davis, E. T.
Dean, Gib Dean, N.
Dent Dickey Dixon Dollar

Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J.

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Logan Lowrey
Marcus Mason Matthews, C. Matthews, D. R.
Mauldin McDaniell McDonald McKinney
Miles Milford Morgan Moyer Mulherin
Mullinax Nix
Noble Northcutt
Odom Oxford Patten, G. C. Patten, R. L. Patterson
Pearce Peters
Petro Phillips, L. L. Pinkston
Rainey Reaves Ritchie Roach Rogers Boss Rush Russell, J. Russell, W. D.
Sams Savage

780
Shanahan Shepherd Smith, J. E. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson

JOURNAL OF THE HOUSE,

Toles Townsend Triplett Turner Twiggs Vaughn Waddle Walker Wall Wamble

Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Messrs. Bennett and S. Collins.

Those not voting were Messrs.:

Burton Davis, W. Dean, J. E. Floyd, J. H. Gignilliat

Groover Hill, G. Lewis McCracken Murphy

Nessmith Phillips, G. S. Tucker Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 2.

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

Mr. Levitas of the 50th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Judiciary:

HB 671. By Messrs. Morgan of the 70th, Lee of the 114th, Walker of the 100th and others:
A Bill to be entitled an Act to amend Code Title 50, relating to habeas corpus, so as to provide that all reasonable grounds for relief shall be raised in the original or amended petition for writ of habeas corpus; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Insurance:

THURSDAY, FEBRUARY 15, 1973

781

HB 542. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to reincorporate the City of Jefferson in the County of Jackson; to create a new charter for said City; and for other purposes.

Mr. Connell of the 80th 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.

782

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 16, 1973

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 Rabbi David H. Auerbach, Ahavath Achim Synagogue, Atlanta, Georgia:
Eternal God and Father,
We invoke Thy blessing upon all the people of the State of Georgia and upon their elected representatives. In these times of complex problems, we ask that Thou be with the members of our Legislature. Give them understanding hearts that they may discern the wisest course to follow in the tasks that they face. Teach them to distinguish between good and evil, justice and injustice, righteousness and unrighteousness. Help them to realize and to make us realize that we have not come into this world to argue, to hate, or to be violent. But we have come into being to praise, to labor and to love.
Compassionate God, bless us with the power of compassion. Give us the insight to discern our neighbor's plight, to see what he sees, to feel what he feels. Prod us to walk in Thy ways, to keep Thy statutes and Thy commandments. Grant us a measure of Thy passion for; justice for all Thy children, so that we make no peace with discrimination or op pression; no peace with hatred or fear. In the words of Thy prophet Amos, may we cause justice to well up as the waters, and righteousness as a mighty stream. May we hate evil and love good and establish true justice in our State, so that Thy graciousness and Thy blessings may rest upon us.
Amen.

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

Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

FRIDAY, FEBRUARY 16, 1973

783

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 709. By Messrs. Levitas of the 50th, Brown of the 34th, Patten of the 123rd, Russell of the 53rd, Horton of the 43rd, Knight of the 65th and Alexander of the 39th:
A Bill to be entitled an Act to create the Georgia Development Authority for Housing Finances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 710. By Mr. Lane of the 40th:
A Bill to be entitled an Act to amend an Act to establish a Charter for the City of East Point, so as to extend the City limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 711. By Messrs. Jessup of the 102nd and Smith of the 74th:
A Bill to be entitled an Act to amend an Act providing for the classi fication of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide for reci procity with other states in the assessment and collection of ad valorem taxation on certain motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

784

JOURNAL OF THE HOUSE,

HB 712. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, so as to raise the limit of finds imposed by the mayor's court; 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 713. By Messrs. McKinney of the 35th, Hudson of the 115th, Wheeler of the 13th, Mrs. Clark of the 55th, Messrs. Lowrey of the 15th, Burton of the 47th and Shepherd of the 28th:
A Bill to be entitled an Act to amend Code Chapter 88-13, relating to control of ionizing radiation and known as the "Georgia Radiation Con trol Act", so as to extend regulation of radiation to include all types of radiation; and other purposes.
Referred to the Committee on Health and Ecology.

HB 714. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Taliaferro County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 715. By Mr. Lee of the 68th:
A Bill to be entitled an Act to amend Code Chapter 84-3, pertaining to the certification of architects, so as to provide for the certification of architects who applied for certification by the Board prior to 1952 and who have 20 years' experience approved by the Board; and for other purposes.
Referred to the Committee on Industry.

HB 716. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act fixing the compensation of the commissioner of roads and revenues of certain counties of this State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 717. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act fixing the compensation of the county treasurer of certain counties of this State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

FRIDAY, FEBRUARY 16, 1973

785

HB 718. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act increasing the compensation of tax commissioners of certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 719. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act placing the ordinaries of certain counties on a salary system in lieu of the fee system; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 180-719. By Mr. Shanahan of the 7th:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to appropriate to Hand Up, Inc. a sum not to exceed $5,000 per annum out of the public funds of said county; and for other puropses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 181-719. By Mr. Shanahan of the 7th: A Resolution proposing an amendment to the Constitution so as to au thorize the City of Calhoun to appropriate to Hand Up, Inc., a sum not to exceed $5,000 per annum out of the public funds of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 182-719. By Messrs. Mulherin of the 81st, Beckham of the 82nd, Sams of the 83rd, Miles of the 79th, Dent of the 78th and Connell of the 80th: A Resolution compensating to Mr. D. Michael Leonard; and for other purposes.
Referred to the Committee on Appropriations.
HR 183-719. By Messrs. Townsend of the 24th and Brantley of the 22nd: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to conduct lotteries in the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

786

JOURNAL OP THE HOUSE,

HR 184-719. By Messrs. Townsend of the 24th and Brantley of the 22nd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to provide for the regulation of horse and dog racing and the pari-mutuel wagering and off-track betting thereon; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.-

HB 720. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend an Act known as the "Employment Security Law", so as to repeal the provisions requiring that a person shall be unemployed for a waiting period of one week before being eligible for benefits; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 721. By Messrs. Thompson of the 86th, Pearce of the 87th, Buck of the 87th, Berry of the 86th, King of the 85th, Davis of the 85th and Adams of the 84th:
A Bill to be entitled an Act to ratify, confirm, and authorize the sale, of a certain tract or parcel of land in the City of Columbus; to remove the restriction "for cemetery purposes only"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 722. By Messrs. Pearce of the 87th, Berry and Thompson of the 86th, Adams of the 84th, King of the 85th and Buck of the 87th:
A Bill to be entitled an Act to amend an Act abolishing the justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in Co lumbus, so as to change the provisions relative to the compenesation for the deputy marshal(s) and to change the provisions relative to costs; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 723. By Messrs. Colwell of the 4th, Williams, Whitmire and Wood of the 9th, Lane of the 76th, Irvin of the 10th, Twiggs of the 4th, Cole of the 6th, Lowrey of the 15th, Wheeler of the 127th and others:
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 to the prohibitions against State officers or employees selling to State agencies; and for other purposes.
Referred to the Committee on State Institutions & Property.

FRIDAY, FEBRUARY 16, 1973

787

HB 724. By Messrs. Turner of the 3rd, Cole and Foster of the 6th, Shanahan of the 7th, Patterson and Bohannon of the 64th, Kreeger and Burruss of the 21st and Harris of the 8th:
A Bill to be entitled an Act to amend the Georgia Correctional Industries Act, so as to authorize the Georgia Correctional Industries Administra tion to competitively bid on construction projects of the State Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 725. By Messrs. Adams of the 36th and Lane of the 40th:
A Bill to be entitled an Act to provide that the governing authorities of certain municipalities of this State (population of more than 400,000) shall adopt certain policies governing the employment of personnel; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 726. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th:
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 relative to the compensation of the clerk, ordinary, sheriff and tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 727. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Douglas County, so as to change the compensation and expense allowance of the commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 728. By Mr. Gignilliat of the 105th:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the Board of Pardons and Paroles, so as to change the pro visions relative to rules and regulations governing eligibility for parole; and for other purposes.
Referred to the Committee on Special Judiciary.

788

JOUENAL OP THE HOUSE,

HB 729. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th, Ellis of the 107th, Blackshear of the 106th, Gignilliat of the 105th, Hill of the 110th and Alien of the 108th:
A Bill to be entitled an Act to amend "An Act to create and organize commissioners of Chatham County, who shall be ex officio judges to define their jurisdiction and duties", so as to change the provisions relative to the compensation of the commissioners and ex officio judges; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 730. By Mr. Levitas of the 50th:
A Bill to be entitled an Act to amend the Georgia Land Sales Act of 1972, so as to require that a performance bond must accompany the application for the sale of subdivided land; and for other purposes.
Referred to the Committee on Industry.

HB 731. By Messrs. Levitas of the 50th and McDaniell of the 20th:
A Bill to be entitled an Act to amend the Georgia Land Sales Act of 1972, so as to provide that the provisions of said Act shall apply to subdivided lands which are offered for sale in this State even though such lands are located outside this State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

By unanimous consent, HB 731 was ordered engrossed.

HB 732. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the Sheriff of Cook County, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 733. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act changing the mode of compensation of the Clerk of the Superior Court, the Ordinary and the Tax Commissioner of Cook County, so as to provide that all fees, costs or other emoluments of the Tax Commissioner shall become the property of the county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

FRIDAY, FEBRUARY 16, 1973

789

HB 734. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide for the enforcement of foreign judgments; to provide a short title; to provide for definitions; to provide for the filing of foreign judgments and the notice thereof; to provide for the state of enforcement of such judgments; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 186-734. By Messrs. Dickey, Evans and Berlin of the 89th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall pass no law that increases or decreases the salary of any elected State or local official during the term of office for which such official was elected; and for other purposes.
Referred to the Committee on Retirement.

HB 735. By Messrs. Egan of the 25th, Lee and Odom of the 114th, Larsen of the 27th, Russell of the 62nd, Patten of the 123rd, Noble of the 48th, Geisinger of the 44th, Adams of the 74th, Smith of the 42nd, Mason of the 59th, Carlisle of the 67th and Alexander of the 39th:
A Bill to be entitled an Act to amend the Groundwater Use Act of 1972, so as to amend the definition of "groundwater" and add definitions of "well", "Departments", and "Director"; and for other purposes.
Referred to the Committee on Natural Resources.

HB 736. By Messrs. Levitas of the 50th, Farrar of the 52nd, Jordan of the 58th and Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act establishing districts in DeKalb County for members of the County Board of Education, so as to provide that members of said Board shall be elected on a non-partisan basis by a majority of the qualified voters voting within their respective School Board Districts for terms of 4 years; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 187-736. By Mr. Edwards of the 95th:
A Resolution proposing an amendment to the Constitution, so as to authorize any county, municipality, county board of education or inde pendent board of education to be used for governmental or educational purposes; and for other purposes.
Referred to the Committee on Education.

790

JOURNAL OP THE HOUSE,

HB 737. By Mr. Evans of the 89th:
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 restrict the hours for the retail sale of distilled spirits in unbroken packages; and for other purposes.
Referred to the Committee on Temperance.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 679. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act providing that each county 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 fees for permits; and for other purposes.

HB 680. By Messrs. Mullinax of the 65th, Burton of the 47th, Grantham of the 127th, Stephens of the 37th, Harden of the 128th, Davis of the 85th and Ezzard of the 29th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to redefine injury and personal injury; to change the provisions relative to coverage of employers and employees; and for other purposes.

HR 176-680. By Messrs. Lambert of the 97th, McCracken of the 77th and 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.

HB 681. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation for the members of the Boards of roads and revenues of Jefferson County, so as to change the compensation of the commission ers; and for other purposes.

HB 682. By Messrs. Savage of the 30th, Bostick of the 123rd, Hudson of the 115th, Buck of the 87th, Russell of the 53rd, Phillips of the 103rd, Nessmith of the 76th and others:
A Bill to be entitled an Act to amend Code Chapter 56-2, relating to the Insurance Department of the State, so as to require the Insurance Commissioner to prepare and deliver a report to the members of the

FRIDAY, FEBRUARY 16, 1973

791

General Assembly and all Constitutional Officers showing a rating of certain insurers based on the premiums charged for certain types of insurance; and for other purposes.

HB 683. By Messrs. Savage of the 30th, Dollar of the 63rd, Bostick of the 123rd, Hudson of the 115th, Grantham of the 127th, Connell of the 80th, Patten of the 123rd, Buck of the 87th, Nessmith of the 76th, Phillips of the 103rd and others:
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 of, or attempt to commit, a felony, so as to change the penalty provisions therefor; and for other purposes.

HB 684. By Messrs. Berlin and Brown of the 89th: A Bill to be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to authorize and direct the Board of Human Re sources to adopt rules and regulations providing for the issuance of identification cards to residents of Georgia; and for other purposes.
HB 685. By Messrs. Jessup, Coleman and Larsen of the 102nd: A Bill to be entitled an Act to amend an Act incorporating the Town of Pineview, so as to authorize said town to dispose of certain portions of two public streets, located within said town; and for other purposes.
HB 686. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act creating the State Court of Jefferson County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
HB 687. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act incorporating the City of Ailey in Montgomery County, so as to change the corporate limits of said city; and for other purposes.
HB 688. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to change and define the corporate limits; and for other purposes.
HB 689. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act placing the sheriff of Jeffer son County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

792

JOURNAL OP THE HOUSE,

HB 690. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blackshear, so as to change the date for holding city elec tions; and for other purposes.

HB 691. By Mr. Hill of the 41st:
A Bill to be entitled an Act to change the name of "The Fulton County Airport" to the "Charlie Brown County Airport"; to provide that the Board of Commissioners of Fulton County shall notify all persons, firms and corporations utilizing the facilities at the airport of the change of name; and for other purposes.

HB 692. By Messrs. Sams of the 83rd, Howard of the 19th, Beckham of the 82nd, Savage of the 30th, Snow of the 1st, Hays of the 1st, Walker of the 100th, Harris of the 8th, Mulherin of the 81st, Castleberry of the 96th and Groover of the 75th:
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 for additional punishments; to provide that sentences imposed for violations of the Act may not be suspended; and for other purposes.
HB 693. By Messrs. Greer of the 43rd and Wamble of the 120th:
A Bill to be enttiled an Act to amend the "Current Income Tax Payment Act of 1960", so as to change the date for making quarterly returns; and for other purposes.

HB 694. By Messrs. Lane and Nessmith of the 76th, Lewis and McCracken of the 77th:
A Bill to be entitled an Act to amend an Act, creating a new charter for the City of Sardis, so as to change the corporate limits of said City; and for other purposes.

HB 695. By Messrs. Howell of the 118th and Lambert of the 97th:
A Bill to be entitled an Act to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to allow the JointSecretary to determine the expiration, renewal and penalty dates for license and certificates issued through the office of the Joint-Secretary; and for other purposes.

HB 696. By Messrs. Geisinger of the 44th and Wamble of the 120th: A Bill to be entitled an Act to amend an Act prescribing rates for tax-

FRIDAY, FEBRUARY 16, 1973

793

ation of certain property classified for taxation as tangible property, so as to exempt certain tangible property from ad valorem taxes; and for other purposes.

HR 177-696. By Messrs. Geisinger of the 44th and Wamble of the 120th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt money, interests in patent rights, copyrights, stocks, bonds, accounts receivable, collateral loans and all notes which fall due more than 3 years from the date thereon from all ad valorem intangible taxes; and for other purposes.

HB 697. By Messrs. Geisinger of the 44th and Wamble of the 120th:
A Bill to be entitled an Act to amend an Act so as to provide for the returns, collections, and distribution of intangible property tax; and for other purposes.

HR 178-697. By Messrs Geisinger of the 44th and Wamble of the 120th:
A Resolution proposing an amendment to the Constitution so as to pro vide that those taxpayers required to return intangible property annually to the State Revenue Commissioner for taxation whose total tax liability does not exceed $5 shall be exempt from the payment of intangible property tax liability; and for other purposes.

HB 698. By Messrs. Carrell of the 71st, Russell of the 53rd, Walker of the 100th, Moyer of the 99th, Wilson of the 94th, Milford of the 13th, Wamble of the 120th, Northcutt of the 68th and others:
A Bill to be entitled an Act to provide for the issuance of special auto mobile license plates to certain physically disabled persons; and for other purposes.

HB 699. By Mr. Lowrey of the 15th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to provide that no applicant for licensure to practice the profession of chiropractic, podiatry, dentistry, medicine, optometry or osteopathy shall be eligible for a license unless such appli cant holds a degree in the profession for which he applies; and for other purposes.
HB 700. By Messrs. Carrell off the 71st, Russell of the 53rd, Walker of the 100th, Moyer of the 99th, Coleman of the 102nd, Wilson of the 94th, Wamble of the 120th, Mauldin of the 13th, Northcutt of the 68th and others:
A Bill to be entitled an Act to amend an Act providing that buildings constructed with public funds shall be accessible to the physically handi capped, so as to change the provisions relative to elevators; and for other purposes.

794

JOURNAL OF THE HOUSE,

HB 701. By Messrs. Carlisle of the 67th, Patten of the 124th, Wilson of the 94th, Carrell of the 71st and Horton of the 56th:
A Bill to be entitled an Act to amend an Act known as "An Act to make comprehensive provision for an integrated tax administration for Geor gia . . .", so as to change the composition of the State Board of Equaliza tion; and for other purposes.

HB 702. By Mr. Horton of the 43rd:
A Bill to be entitled an Act to provide for automatic annexation for any unincorporated area when a municipality provides any three of five services at the request of the area; and for other purposes.

HB 703. By Mr. Hawes of the 43rd:
A Bill to be enttiled an Act to amend an Act regulating the sale of ad mission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket, so as to include hockey games; and for other purposes.

HB 704. By Messrs. Adams and Smith of the 74th, Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend "An Act to create a new judicial circuit for the State to be called the Griffin Circuit and to be comprised of the counties of Spalding, Pike, Upson and Fayette", so as to authorize the governing authority to supplement the salary of the Judge and the District Attorney; and for other purposes.

HB 705. By Messrs. Vaughn of the 57th and Morgan of the 70th:
A Bill to be entitled an Act to amend an Act providing for a public defender for Rockdale and Newton Counties, so as to change the com pensation of the public defender; and for other purposes.

HB 706. By Messrs. Evans of the 89th, Moyer of the 99th, Mason of the 59th, Burruss of the 21st, McDaniell of the 20th, Brown of the 67th, Brown of the 89th, Pinkston of the 89th, McKinney of the 35th, Greer of the 43rd, Coney of the 89th, and Hawes of the 43rd:
A Bill to be entitled an Act to amend Code Section 26-9908, relating to violating the Sabbath Day, so as to prohibit certain activities on Sunday; and for other purposes.
HB 707. By Messrs. Keyton of the 121st, Mauldin and Milford of the 13th, Brantley of the 92nd, Nessmith of the 76th, Phillips of the 73rd, Reaves of the 124th, Hudson of the 115th, Bohannon of the 64th, Foster of the 6th, Turner of the 3rd, Kreeger of the 21st, Groover of the 75th and Miles of the 79th:
A Bill to be entitled an Act to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to change the provisions

FRIDAY, FEBRUARY 16, 1973

795

relative to sending a copy of such bonds to the State Superintendent of Schools; and for other purposes.

HB 708. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to annually impose an annual motor vehicle registration fee not to exceed $5.00; and for other purposes.

SB 63. By Senator Duncan of the 30th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor of said Court; and for other purposes.

SB 72. By Senator Wasden of the 2nd, Holloway of the 12th and Carter of the 14th:
A Bill to be entitled an Act to amend an Act Creating the "Georgia Ports Authority", so as to change the membership comprising said Authority; and for other puropses.

SB 125. By Senator Hill of the 29th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Heard County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 126. By Senator Hill of the 29th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Heard County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 127. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Heard County, so as to change the compensation of the members of the Board of Commissioners; and for other purposes.

SB 128. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Heard County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.

796

JOURNAL OF THE HOUSE,

SB 129. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Commissioner of Heard County into the single office of Tax Commissioner of Heard County, so as to change the compensation of the Tax Commissioner; and for other purposes.

SB 152. By Senator Lester of the 23rd:
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 motor ve hicles being operated on the highways of this State shall display lighted lamps and illuminating devices when it is raining in the driving zone; and for other purposes.

SB 167. By Senator Broun of the 46th:
A Bill to be entitled an Act to restrict the drivers of all trucks using the public streets and highways from using the lane farthest to the left on multiple lane streets and highways; and for other purposes.

SB 171. By Senators Riley of the 1st and Wasden of the 2nd:
A Bill to be entitled an Act to amend an Act unifying the governmental and corporate functions of the Mayor and Aldermen of the City of Savannah with the governmental and corporate functions of the Com missioner and ex officio Judges thereof, so as to change certain dates and times and Council Districts; and for other purposes.

Mr. Ware of the 65th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 385. Do Pass, by Substitute.
HB 441. Do Pass.
HB 603. Do Pass.
Respectfully submitted, Gignilliat of the 105th, Secretary.

FRIDAY, FEBRUARY 16, 1973

797

Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 361. Do Pass, as Amended.
Respectfully submitted,
Northcutt of the 89th,
Secretary.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Commmittee 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 314. Do Pass. HB 425. Do Pass, as Amended. HB 125. Do Pass, as Amended.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Colwell of the 4th District, Chairman of the Committee on State Institu tions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 380. Do Pass.

HB 411. Do Pass, as Amended.

Respectfully submitted, Toles of the 16th, Secretary.

798

JOURNAL OF THE HOUSE,

Mr. Howell of the 18th 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 695. Do Pass.

Respectfully submitted, Howell of the 118th, Chairman.

Mr. Levitas of the 50th 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 172-648. Do pass, as Amended.
HB 319. Do pass, by Substitute.
HB 320. Do Pass, by Substitute.
HB 395. Do Pass.
HB 645. Do Pass.
HB 648. Do Pass, by Substitute.
Respectfully submitted, Knight of the 65th, Secretary.

Mr. Wamble of the 120th 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-

FRIDAY, FEBRUARY 16, 1973

799

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

HB 219. Do Pass, by Substitute.

HB 408. Do Pass.

HB 592. Do Pass.

HB 593. Do Pass.

Respectfully submitted, Wamble of the 120th, Chairman.

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

HB 51. By Messrs. Savage of the 30th, Brown of the 67th, Hays of the 1st, and others:
A Bill to amend Code Section 88-2603, relating to the power and duties of the Board of Human Resources in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in certain incorporated communities.

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

HR 175. By Messrs. Smith of the 91st, Moyer of the 99th, Walker of the 100th, and others:
A Resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing addresses by Senators Herman Talmadeg and Sam Nunn.

Mr. Geisinger of the 44th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

800

JOURNAL OF THE HOUSE,

HB 248. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to create within the Division of Environmental Protection an Economic Analysis Section; and for other purposes.

The motion prevailed and HB 248 was reconsidered.

By unanimous consent, the following Bills of the House were withdrawn from the General Calendar and recommitted to the Committee on State Planning and Community Affairs for further study:
HB 248. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to create within the Division of Environmental Protection an Economic Analysis Section; and for other purposes.

HB 249. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to authorize the Economic Analysis Section to acquire, construct, improve and operate water or sewerage treatment facilities; to require the Section to establish certain short and long term economic needs in relation to the financing of water or sewerage treat ment systems; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Education for further study:

HB 363. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the State Board of Education, so as to change the provisions relative to the powers of the Board of Education; to amend Code Section 32-505, relative to the duties of the State Superintendent of Schools, as to provide for certain powers and duties of said Superintendent; and for other purposes.

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

FRIDAY, FEBRUARY 16, 1973

801

HB 3. By Mr. Davis of the 85th:
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.

The following Senate amendments were read:

The Senate offers the following amendment:
Amend HB 3 by striking from Section 1, beginning on line 13, the following language:
"except the following offenses:
(a) operating a motor vehicle while under the influence of in toxicating liquors;
(b) any motor vehicle registration violation; and
(c) speeding in excess of 15 miles per hour over the speed limit;",
and inserting in lieu thereof the following:
"except any offense for which a license may be revoked,".

The Senate offers the following amendment:
Amend HB 3 by striking the following from Section 1 on page 1, lines 12 and 13:
"and for a violation of the weight limitations statutes govern ing trucks in the State"
and inserting in lieu thereof the following:
"and for a violation of the weight, height, length, width and size limitation statutes governing vehicles or loads"

Mr. Vaughn of the 57th moved that the House disagree to the Senate amend ments to HB 3.

802

JOURNAL OF THE HOUSE,

Mr. Williams of the 9th moved that the House agree to the Senate amend ments to HB 3.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Beckham Berry Bohannon Bostick Brantley, H. L. Bray Brown, S. P. Buck Carr Carrell Chance Cole Collins, M. Colwell Dean, Gib Dorminy Evans Floyd, J. H. Foster Geisinger Grahl Greer Groover Harrington

Harris, J. F. Harrison Hays Hill, G.
Howard Howell Hutchinson Irvin, J. Jessup Keyton Kreeger Lane, W. J. Logan Mason Matthews, C. Mauldin McDaniell McDonald Miles Milford
Morgan Moyer Murphy Nessmith Nix Patten, G. C.

Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Russell, J. Sams Smith, J. R. Snow Stephens Strickland Thomason Thompson Turner Twiggs Walker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Blackshear Bond Brantley, H. H. Brown, C. Burton Busbee Clark Collins, S. Coney

Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Dollar Duke Elliott Floyd, L. R. Gignilliat Grantham Hamilton Harden Harris, J. R.

Hill, B. L. Horton, G. T. Horton, W. L. Irvin, R. Irwin, J. R. Johnson Jordan King Knight Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey

FRIDAY, FEBRUARY 16, 1973

803

Marcus Matthews, D. R. McKinney, J. E. Mulherin Mullinax Noble Northcutt Odom Oxford

Patterson Petro Phillips, G. Roach Rogers Ross Russell, W. D. Savage Shanahan

Shepherd Smith, V. B. Sweat Toles Tucker Vaughn Waddle Wamble Ware

Those not voting were Messrs.:

Alien Bennett Brown, B. D. Burruss Carlisle Castleberry Coleman Davis, W. Dickey Edwards

Egan Ellis Ezzard Farrar Fraser
Hawes Hudson Jones Larsen, W. W.

Levitas McCracken Patten, R. L. Rush Townsend Triplett Wheeler, Bobby Wilson, M. L. Mr. Speaker

On the motion to agree, the ayes were 77, nays 75.

The motion was lost and the Senate amendments to HB 3 were disagreed to.

Mr. Geisinger of the 44th stated that he had inadvertently voted "aye" when the roll was called on the motion to agree to the Senate amendments to HB 3. His intention was to have voted "nay".

Mr. Davis of the 85th stated that he had inadvertently voted "nay" when the roll was called on the motion to agree to the Senate amendments to HB 3. His intention was to have voted "aye".

The following Resolutions of the House were read and adopted:

HR 189. By Messrs. Patten, Reaves and Bennett of the 124th, Greer of the 43rd and Patten of the 123rd:
A RESOLUTION
Commending Mr. Joe Powell; and for other purposes.
WHEREAS, Mr. Joe Powell, who was first elected to the office of tax commissioner in 1928, retired as tax commissioner of Lanier County, effective January 1, 1973; and

804

JOURNAL OF THE HOUSE,

WHEREAS, Mr. Powell has served the people of Lanier County with exceptional dedication and ability since becoming connected with the countay tax office in 1920; and

WHEREAS, Mr. Powell is descended from one of the pioneer fami lies of the county being the son of the late Joseph and Lizzie Smith Powell; and

WHEREAS, Mr. Powell is married to the former Nita Penland and they have two fine sons, Joe Ben and Jerry; and

WHEREAS, Mr. Powell has been extremely active in the religious, civic, political and economic life of his community, has held many im portant offices at the local level; and

WHEREAS, he has served the people of Lanier County with fair ness, dedication, ability and skill, and his long experience and remark able knowledge of taxation will be sorely missed upon his retirement.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Mr. Joe Powell for the 50 years of outstanding contributions which he has made to the people of Lanier County and do hereby wish him every success and happiness in his retirement.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Joe Powell.

HR 190. By Messrs. Buck and Pearce of the 87th, Berry and Thompson of the 86th, Davis and King of the 85th and Adams of the 84th:
A RESOLUTION
Expressing regrets at the passing of the Honorable Jesse Davis Binns; and for other purposes.
WHEREAS, on Saturday, February 10, 1973, the State of Georgia lost one of its most distinguished and outstanding citizens with the pass ing of the Honorable Jesse Davis Binns; and
WHEREAS, he was prominent in the civic and political life of the City of Columbus and Muscogee County for more than 30 years, having been first elected to the Columbus City Commission in 1942 on which he served until 1970, except for the time during which he served in the United States Army, and having served on the recently created Columbus Council from 1970 until the time of his death; and
WHEREAS, he attended public elementary school in Columbus, Columbus High School, Georgia Military Academy and Mercer University and was the owner and operator of the Wynnton Road Grocery for 40 years; and

FRIDAY, FEBRUARY 16, 1973

805

WHEREAS, he was born on February 20, 1909, in Columbus, the son of the late John Olin Binns and Jessie Davis Binns; and

WHEREAS, he was considered during his long political career as a spokesman for the "little man" and as a champion of fiscal responsibility in government; and

WHEREAS, he was known for his outstanding knowledge of the many intricacies of government and for the manner in which he made his position on the issues facing the Council clearly known; and

WHEREAS, he was the devoted husband of Mrs. Mattie Binns.

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 Jesse Davis Binns, and do hereby extend their sincerest sympathy to Mrs. Binns and the members of the family of the late Honorable Jesse Davis Binns.

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. Mattie Binns.

HR 191. By Messrs. Collins of the 45th, Jordan of the 58th, Horton of the 56th and many others:
A RESOLUTION
Expressing sympathy at the passing of Officer Larry Eugene Quinn; and for other purposes.
WHEREAS, the citizens of DeKalb County and the State of Georgia lost an outstanding peace officer with the untimely passing of Officer Larry Eugene Quinn of the DeKalb County Police Department on February 4, 1973; and
WHEREAS, Officer Quinn was born in Harrisburg, Pennsylvania, was graduated from St. Pius High School and was working toward a Bachelor of Science degree in Criminal Justice at Georgia State Uni versity; and
WHEREAS, he served his country with distinction and valor from 1966 through 1970 as a member of the armed forces, having served in Vietnam; and
WHEREAS, he had been a member of the DeKalb County police force since July 27, 1970; and
WHEREAS, he was known throughout DeKalb County for his devoted work with young people, having served his Police Department internship with the DeKalb County Juvenile Court; and

806

JOURNAL OF THE HOUSE,

WHEREAS, he was the devoted husband of Mrs. Diana Gail Quinn and the father of two outstanding daughters, Rhonda Jean Quinn and Kelly Ann Quinn.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the untimely passing of Officer Larry Eugene Quinn of the DeKalb County Police Department, and hereby express their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the family of Officer Larry Eugene Quinn, the DeKalb County Police Department and the Board of Com
missioners of DeKalb County.

HR 192. By Messrs. Walker of the 100th, Moyer of the 99th and Waddle of the 98th:
A RESOLUTION
Commending Senator Sam Nunn; and for other purposes.
WHEREAS, the Honorable Sam Nunn has just completed a stunning victory in the recent general election, being elected to the United States Senate to follow in the illustrious footsteps of the revered and disting uished Senator Richard B. Russell; and
WHEREAS, while a member of this body, Sam Nunn proved himself to be one of Georgia's most able and respected lawmakers; and
WHEREAS, Sam Nunn has risen rapidly to a very high elective office of United States Senator as a result of his keen knowledge of the legislative process and his astute political prowess; and
WHEREAS, it has been an honor and pleasure for many members of this body to have served with Sam Nunn as a members of the Georgia General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Senator Sam Nunn upon his most impressive victory of win ning a seat in the United States Senate and does hereby extend to him its most heartfelt and warmest wishes for his continued success.
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 Senator Sam Nunn.

FRIDAY, FEBRUARY 16, 1973

807

HR 193. By Messrs. Lowrey of the 15th, Peters of the 2nd, Dean of the 17th and many others:

A RESOLUTION

Commending Honorable Steve Polk; and for other purposes.

WHEREAS, Steve Polk, the Director of the Georgia Building Au thority, has done an outstanding job in maintaining the grounds of the State Capitol; and

WHEREAS, due to Steve Folk's influence, the flowers, shrubs and lawns surrounding the State Capitol complex have been maintained in a most beautiful fashion; and

WHEREAS, it is the desire of this body to express to Steve Polk its appreciation for the manner in which the grounds of the State Capitol are maintained.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Steve Polk, Director of the Georgia Building Authority, for his efforts in maintaining in such a beautiful fashion the grounds of the State Capitol.

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 Steve Polk.

HR 1W. By Messrs. Smith of the 91st, Phillips of the 73rd, Lewis of the 77th and others:
A RESOLUTION
Wishing a speedy recovery for the Honorable J. Roy McCracken; and for other purposes.
WHEREAS, the distinguished and able Representative from the 77th District, Honorable J. Roy McCracken, is ill in Crawford Long Hospital; and
WHEREAS, the wisdom and counsel of this outstanding member of this body will be sorely missed by the members during his absence;
and
WHEREAS, "Judge", as he is affectionately called by his multi tude of friends, is the Dean of the House of Representatives, having served as a member since 1935; and

808

JOURNAL OF THE HOUSE,

WHEREAS, it is the sincerest wish of each and every individual member of this body that Judge McCracken experience a full and
speedy recovery in order that we might all again share the knowledge and experience of this distinguished member.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the illness of its distinguished member, Honorable J. Roy McCracken, and does hereby wish for him a full and speedy recovery in order that he might return as soon as possible to the deliberations of the Georgia General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable J. Roy McCracken.

HR 195. By Messrs. Colwell and Twiggs of the 4th:
A RESOLUTION
Relative to Sky Valley; and for other purposes.
WHEREAS, Sky Valley, in Rabun County, Georgia, situated near the lofty peak of Georgia's second highest mountain, Rabun Bald, is the only ski slope in Georgia; and
WHEREAS, winter sports have a great recreational value and popularity with the people of Georgia and skiing has become increas ingly more popular to the youth and adults of our State and Nation, and the same is deemed a wholesome winter activity; and
WHEREAS, the Sky Valley ski area has attracted vast numbers of sportsmen from Georgia and throughout the Southeastern United States; and
WHEREAS, Larry P. McClure, Jr., and M. H. Mason, M.D., are to be commended for their foresight and vision in originating and estab lishing the Sky Valley ski facility in Georgia; and
WHEREAS, John Frank Rickman is to be commended for his unique originality in the design of Sky Valley's facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that we extend our best wishes for Sky Valley's ski area's continued success.
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. Larry McClure, Jr., Dr. M. H. Mason and Mr. John Frank Rickman.

FRIDAY, FEBRUARY 16, 1973

809

HR 196. By Mr. Dean of the 17th:

A RESOLUTION

Commending the Cedartown High School Future Business Leaders of America; and for other purposes.

WHEREAS, at the State Leadership Conference, the Cedartown High School Chapter of the Future Business Leaders of America was selected "Chapter of the year"; and

WHEREAS, said Chapter was represented at the National Con ference of FBLA in Houston; and

WHEREAS, members of said Chapter sold prisoner-of-war brace lets as a service project; and

WHEREAS, members of said Chapter revised and brought up to date the files of the local Cancer Society; and

WHEREAS, said Chapter was awarded first place in the Homecoming Float Contest; and

WHEREAS, said Chapter received honorable mention for its booth at the Polk County Fair Exhibit; and

WHEREAS, said Chapter, working with the Jaycees, conducted a "Toys for Tots" project; helped obtain donations for the Empty Stock ing Fund, and collected dolls to be dressed for Christmas gifts; and

WHEREAS, said Chapter publishes a monthly newsletter entitled the communicator; and

WHEREAS, said Chapter has installed two new FBLA Chapters; and

WHEREAS, said Chapter is currently working on a national project "HELP" for the March of Dimes; and

WHEREAS, the officers of said Chapter are:

President Vice-President Secretary Treasurer Parliamentarian Historian Reporter Chaplain Degrees Chairman
Assistant Degrees Chairman Photographer

Debra Willingham Jan Green Kim Rowell Cathy Powell Barry Wheeler Ann Bray Sharon Mobley Sandra Sherfield Ginger Holder
Melva Cauthern Tony Sadler

810

JOURNAL OP THE HOUSE,

WHEREAS, the advisors of said Chapter are:
Mary M. Brewster Mary Jane Head Nancy Holand Sandra Turkett

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Cedartown High School Future Business Leaders of America for its outstanding service and accomplishments.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the officers and advisors of said Chapter.

HR 199. By Messrs. Phillips of the 73rd, Connell of the 80th, Sams of the 83rd and Miles of the 79th:
A RESOLUTION
Relative to William Few; and for other purposes.
WHEREAS, William Few of Columbia County, Georgia, attended the Constitutional Convention in 1787, as a representative from Geor gia; and
WHEREAS, William Few was one of the signers of the Constitu tion ratifying said Constitution on behalf of the State of Georgia; and
WHEREAS, William Few was the founder of Trinity College which is today Duke University in the State of North Carolina; and
WHEREAS, William Few later served as a mayor of New York City; and
WHEREAS, William Few was buried outside the confines of Georgia and Columbia County; and
WHEREAS, the remains of William Few have been excavated and returned to the State of Georgia; and
WHEREAS, the home site of William Few is located in the Winfield Community, Columbia County, Georgia; and
WHEREAS, the County of Columbia holds claim to William Few as a son of its soil.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby goes on record for the

FRIDAY, FEBRUARY 16, 1973

811

proposition that the remains of William Few ought to be returned to Columbia County, Georgia, for proper reinternment at a suitable site, at or near Winfield, to be selected by the Board of Commisisoners of Co lumbia County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Jimmy Carter, Governor, State Capitol, Atlanta, Georgia; Honorable Ben Fortson, Secretary of State, State Capitol, Atlanta, Georgia; Honorable Louis (Pop) Newman, Mayor, City County Building, Augusta, Georgia; Honorable Norman Simowitz, Chairman, Board of Commissioners, Richmond Coun ty, Augusta, Georgia; Honorable Joseph B. Cummings, Sr., Augusta Historical Society, Augusta, Georgia; Honorable Albert Von Kamp Gary, Richmond County Historical Society, Augusta, Georgia; Hon orable John C. Hagler, Historic Augusta, Augusta, Georgia; Honor able Jim Blanchard, Chairman, Columbia County Commissioners, Appling, Georgia; Honorable G. B. Pollard, Jr., Clerk of Superior Court, Appling, Georgia; Honorable John F. Hardin, Superior Court Judge, Augusta Judicial Court, City County Building, Augusta, Georgia; Judge William Fleming, Augusta Judicial Circuit, City County Build ing, Augusta, Georgia; Judge Edwin Fulcher, Augusta Judicial Cir cuit, City County Building, Augusta, Georgia; Judge Frank Pierce, Augusta Judicial Court, City County Building, Augusta, Georgia; and Honorable Richard Alien, Solicitor General, Augusta Judicial Circuit, City County Building, Augusta, Georgia.

The following Resolutions of the House were read and referred to the Com mittees :

HR 197. By Messrs. Rush of the 104th, Colwell of the 4th, Rainey of the 115th, Peters of the 2nd and others:
A RESOLUTION
Creating the Wild Hog Study Committee; and for other purposes.
WHEREAS, there is a large population of wild hogs within the State of Georgia; and
WHEREAS, the laws of this State currently permit citizens to hunt wild hogs with the use of dogs on a year-round basis; and
WHEREAS, on occasion, the dogs used to hunt wild hogs have killed young deer and does who are either carrying fawns or who have recently given birth to fawns; and
WHEREAS, there is a need for additional information on the ef fect which limiting seasons on the hunting of wild hogs would have, both on the population of wild hogs and the population of deer within the State.

812

JOURNAL OP THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Wild Hog Study Committee, to be composed of seven members of the House of Representa tives to be appointed by the Speaker of the House of Representatives. The Speaker of the House shall appoint one of the members of the Committee as chairman thereof, and it shall be the duty of the chair man so appointed to call and conduct meetings of the Committee. The Committee shall make a thorough investigation of the effect which hunting wild hogs with dogs has on the deer population of the State and shall determine the need for legislation limiting such hunting or establishing closed seasons on the hunting of wild hogs. Said Committee shall be authorized to consult with such officials, organizations, associa tions, companies and individuals as it deems necessary to effectively carry out its duties and responsibilities. Each member of the Com mittee shall be authorized to receive the expenses and allowances pro vided by law for legislative members of interim committees, but shall receive the same for not more than 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 appropriated to, or otherwise available to, the legislative branch of government. The Committee shall make a report of its findings and recommendations to the regular 1974 session of the General Assembly and shall stand abolished as of the day the General Assembly convenes in regular session in 1974.
Referred to the Committee on Recreation.

HR 198. By Mr. Buck of the 87th:
A RESOLUTION
Creating the Judicial Retirement Study Committee; and for other purposes.
WHEREAS, the judges and district attorneys of the Superior Courts, the judges of the Court of Appeals and the justices of the Supreme Court are currently covered under three different retirement systems or methods of retirement and
WHEREAS, the contributions by the members and the State to the different retirement systems are not equalized; and
WHEREAS, it is the desire of the members of this Body to conduct a thorough study of the judicial retirement systems in an effort to cre ate a single retirement system for the judiciary.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby create the Judicial Retirement Study Committee, to be composed of three members of the House of Representatives and three nonlegislative members to be ap pointed by the Speaker. The Committee shall conduct a thorough study of all of the laws of this State relative to judicial retirement and in connection therewith, the Committee may counsel with such officials, individuals and professional consultants as it deems necessary to properly

FRIDAY, FEBRUARY 16, 1973

813

discharge its duties and responsibilities. The Committee may conduct such meetings at such places and at such times as it may deem neces sary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the al lowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1974 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.
Referred to the Committee on Special Judiciary.

The following Resolution of the Senate was read and adopted:

SR 66. By Senators London of the 50th and Webb of the llth:
A RESOLUTION
Commending the Criminal Law Study Committee; and for other purposes.
WHEREAS, the Criminal Code of Georgia, which was adopted in 1968, was the result of more than seven years of dedicated and con scientious efforts by members of the Criminal Law Study Committee which was created by statute in 1961; and
WHEREAS, the task undertaken by that Committee was a monu mental one because the criminal laws of Georgia had not been com pletely revised for over 100 years; and
WHEREAS, the original sixteen members of the Committee were as follows: Senators J. Willis Conger of Bainbridge, Charles E. Dews of Edison, Howard T. Overby of Gainesville, Earl Staples of Carrollton, E. Mullins Whisnant of Hamilton; Representatives Pierre Howard of DeKalb County, Ralph McClelland of Fulton County, Richard B. Thornton of Bibb County, Frank S. Twitty of Mitchell County, D. Warner Wells of Peach County; Judge Richard B. Russell III of Winder, of the Superior Court Judges Association; Judge Andrew McKenna of Macon, of the City Court Judges Association; Mr. Alfred A. Quillian of Winder, of the Solicitors General Association; Mr. Marcus B. Calhoun of Thomasville, of the City Court Solicitors Association; Mr. Henry G. Neal, of Thomson and Atlanta, of the Attorney General's Staff; and Mr. T. T. Molnar of Cuthbert, of the Georgia Bar Association; and
WHEREAS, Senator Ben F. Johnson of Decatur, was appointed to fill the vacancy created by the untimely death of Senator Charles E. Dews; and

814

JOURNAL OP THE HOUSE,

WHEREAS, Senator Earl Staples, one of the original members of the Commission, passed away after most of the work of the Committee had been completed and the vacancy on the Committee created by his death was not filled; and

WHEREAS, the work of the Committee proceeded under the able leadership of its officers, Mr. T. T. Molnar, Chairman, Mr. Henry G. Neal, Vice Chairman, and Mr. Richard B. Thornton, Secretary, and of the many subcommittees which were appointed to perform the basic research of the Committee; and

WHEREAS, the Committee was ably assisted by a research group composed of Dean James C. Quarles and Professors James C. Rehberg and Edgar Wilson of the Mercer Law School; and

WHEREAS, the members of this body, the members of the State Bar, and citizens of Georgia owe these men a debt of gratitude for the painstaking, thorough and professional work which they performed to bring forth the Criminal Code which has been recognized as one of the best in the United States.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Criminal Law Study Committee are hereby commended for their dedication to the task of bringing order out of the chaos which existed in the criminal laws of this State, and sincerest appreciation is hereby expressed to the members for the outstanding performance of duties rendered by each and every member.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to each of the above individuals and to the families of those members since deceased.

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

HB 627. By Messrs. Dickey, Brown, Coney, Pinkston, Berlin and Evans of the 89th and Moyer of the 99th:
A Bill to be entitled an Act to regulate multi-level distribution com panies; to define multi-level distribution companies; and for other purposes.

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

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

FRIDAY, FEBRUARY 16, 1973

815

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burruss Burton Busbee Carr Carrell Castleberry Chance
Clark
Cole
Collins, S.
Colwell
Coney
Connell
Daugherty
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dickey
Dollar
Dorminy
Elliott
Ellis
Evans
Ezzard
Floyd, J. H.
Gignilliat
Grantham

Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Kreeger Lane, Dick
Lane, W. J.
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy

Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R.
Smith, V. B.
Snow
Stephens
Strickland
Sweat
Toles
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Williams
Willis
Wilson, J. M.
Wilson, M. L.

Voting in the negative were Messrs. Dixon and Foster.

816

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, J. H. Berry Bostick Brown, C. Buck Carlisle Coleman Collins, M. Davis, E. T. Dean, Gib Duke Edwards Egan

Farrar Floyd, L. R. Fraser Geisinger Grahl Howell Keyton King Knight Lambert Larsen, W. W. Levitas Lewis

McCracken Pearce Reaves Ritchie Thomason Thompson Townsend Wheeler, Bobby Wheeler, J. A. Whitmire Wood Mr. Speaker

On the passage of the Bill, the ayes were 140, nays 2.

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

HB 194. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to leaves of absence; and for other purposes.

The report of the Committee, which was favorable 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 Bailey Beckham Bennett, J. T. Berlin Blackshear Bohannon

Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole

Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey

Dixon Dollar Dorminy Duke Edwards Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, W. L. Howell Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones, Herb Jordan Keyton Knight

FRIDAY, FEBRUARY 16, 1973

817

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L.

Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Berry Bond Bostick Brantley, H. H. Brown, B. D. Buck Carlisle Coleman

Egan Elliott Fraser Hill, G. Horton, G. T. Howard Hudson Irvin, R. King

Larsen, W. W. Lewis McCracken McDaniell Smith, J. R. Townsend Triplett Wheeler, Bobby Mr. Speaker

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

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

818

JOURNAL OF THE HOUSE,

HB 196. By Messrs. Farrar of the 52nd, Buck of the 87th and Matthews of the 62nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton
Busbee
Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell

Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L.

Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan

Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston

FRIDAY, FEBRUARY 16, 1973

819

Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat

Thomason Thompson Toles Townsend Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alien Carlisle Coleman Davis, W. Egan
Elliott

Fraser Grahl Irvin, R. Jones Lambert
Larsen, W. W.

Lewis McCracken Triplett Ware Wheeler, Bobby
Mr. Speaker

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

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

HB 539. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act regulating driver train ing schools, so as to provide for an examination of driver training school instructors as an alternative to the educational requirements set forth in said Act; and for other purposes.
The following amendment was read and adopted:
Mr. Williams of the 9th moves to amend HB 539 by striking the word "reasonable" on line 19, page 1 of said Bill.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

820

JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey
Dixon
Dollar
Dorminy
Duke
Edwards

Ellis Evans Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, D. R. Mauldin
McDaniell
McDonald
McKinney
Miles
Milford

Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. P. Snow Stephens Sweat Thompson Toles Townsend Tucker Turner Twiggs
Vaughn
Waddle
Walker
Wall
Wamble

FRIDAY, FEBRUARY 16, 1973

821

Ware Wheeler, J. A. Whitmire

Williams Willis Wilson, J. M.

Wilson, M. L. Wood

Those not voting were Messrs.:

Alien Coleman Daugherty Davis, W. Egan Elliott Ezzard Farrar
Fraser

Grahl Hamilton Irvin, R. Irwin, J. R. Jones Keyton Larsen, W. W. Levitas

Lewis Matthews, C. McCracken Strickland Thomason Triplett Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 0.

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

HB 280. By Messrs. Colwell of the 4th and Hawes of the 43rd:
A Bill to be entitled an Act to provide for the compiling of the Acts and Resolutions of 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Beckham Berlin
Berry

Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray
Brown, C. Brown, S. P. Buck
Burruss

Burton Busbee Carlisle Carr Castleberry Chance Clark
Cole Collins, M. Colwell
Coney

822
Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Hamilton Harden Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup

JOURNAL OF THE HOUSE,

Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax
Murphy Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce

Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Bennett Collins, S.

Harris, J. R.

Wall

Those not voting were Messrs.:

Bailey Brown, B. D. Carrell Coleman Davis, W. Dean, Gib Egan

Elliott Ellis Ezzard Farrar Gignilliat Grahl Groover

Hawes Keyton Larsen, W. W. Lee, W. J. (Bill) Le vitas McCracken Northcutt

Russell, J. Townsend Triplett

FRIDAY, FEBRUARY 16, 1973

823

Wheeler, Bobby Whitmire Williams

Wood Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 4.

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

HB 358. By Mr. Lane of the 40th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Peace Officers' Standards and Training Act", so as to lower the minimum age to 18 for a person to be employed or certified as a peace 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett
Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss

Burton Busbee Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell
Coney Connell Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis

Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Harden
Harrington Harris, J. F. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J.

824
Irvin, R. Irwin, J. R. Jessup Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Le vitas Logan Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford

JOURNAL OF THE HOUSE,

Morgan Moyer Mulherin Mullinax Murphy Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Russell, J. Russell, W. D. Sams

Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Townsend Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Williams Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Harris, J. R. Lee, W. S.

Odom Ritchie

Rush

Those not voting were Messrs.:

Bray Carlisle Coleman Daugherty Davis, W. Dean, Gib Egan Elliott Ezzard Farrar

Grahl Hamilton Hill, G. Johnson
Keyton Larsen, W. W. Lewis Matthews, C. McCracken

Nessmith
Pearce Smith, J. R. Strickland Triplett Wheeler, Bobby Whitmire
Wood Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 5.

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

Messrs. Wood and Whitmire of the 9th stated that they had been called from the floor of the House when the roll was called on HB 358, but had they been present would have voted "aye".

FRIDAY, FEBRUARY 16, 1973

825

HB 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal year 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, 1973; and for other purposes.

The following Committee substitute was read:

HOUSE APPROPRIATIONS COMMITTEE SUBSTITUTE TO HB 140.

A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal year 1972-73, known as the "General Appropriations Act", approved March 23, 1972 (Ga. Laws 1972, p. 298), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1973; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

An Act providing appropriations for the fiscal years 1972-73, known as the "General Appropriations Act", approved March 23, 1972 (Ga. Laws 1972, p. 298), is hereby amended by striking certain appropriations and provisions relative to the fiscal year 1972-73 and inserting in lieu thereof new appropriations and provisions, and by changing the revenue esti mate so that it now shall read $1,334,000,000.00.

Section 1. Said Act is amended by striking Section 4., relating to the Court of Appeals, in its entirety and inserting in lieu thereof the following:

"Section 4. Court of Appeals.

For the cost of operating the State Court of Appeals, including salaries and retirement con tributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.

Operations F. Y. 1973 _.._....._....,,,,__$

782,703.00."

826

JOURNAL OF THE HOUSE,

Section 2. Said Act is further amended by strik ing Section 5., relating to the Superior Courts, in its entirety and inserting in lieu thereof the following:

"Section 5. Superior Courts.

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges salaries, contingent expense allowances authorized by law, the payment of mileage au thorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.

For payment of salaries, contingent expense allowances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

Provided, however, that the listed appropria tion shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropria tion shall be increased by the amount of $30,000.00 per annum for each judgeship created by law during the 1972 session of the General Assembly.

Operations F. Y. 1973

.............$ 4,985,000.00

Changed Object: Personal Services; __.._.__.__.___._-_-$4,680,000.00".

Section 3. Said Act is further amended by adding a new Section to be known as Section 6A., to read as follows:

"Section 6A. Judicial Qualifications Com mission.
Operations F. Y. 1973 _______._._______,,__.__________---_--_-_---$

1,500.00"

FRIDAY, FEBRUARY 16, 1973

827

Section 4. Said Act is further amended by strik ing Section 7., relating to the State Board of Edu cation and Department of Education, in its entirety, and inserting in lieu thereof the following:

"Section 7. State Board of Education:

Department of Education

A. Operations F. Y. 1973 .

,, ..

$ 451,407,511

Changed Objects:

Personal Services __......._._.___...._,,...$ 14,906,355

Operating Expenses __.__._._......___._.. 7,372,883

Grants--Non-MFPE: Adult Education __.._._._._..,,......_____.$ 2,161,000

Teacher Scholarships __.______._________.$ 560,000

Preparation of Professional Personnel in Education of Handicapped Children _....._._____.$

120,894

Vocational Education-- High School Program ...,,........._.$ 10,831,241

Adult and Post Secondary ....___.___.$ 39,000

Area Vocational Tech nical Schools .._._._.__...._......__..___....$ 19,295,700

Teacher Training and Research ___,,_._,,,,$ 320,000

Local Administration and Supervision ._._____........___._..._.$ 249,000

Manpower Development and Training _............._._..___........$ 3,154,000

Work Study ..^.^ .....$ 103,000

Education of Children of Low Income Families ..._.______.$ 47,670,564

Grants for Institution and Services for the Handicapped ,,___._.___.________.__.._______$

888,859

Educational Training Services for Mentally Retarded _______,,_-____________,,___________$

150,000

Teacher Retirement __.__.____..-___..__.$ 24,728,302

828

JOURNAL OF THE HOUSE,

Supplementary Educational Centers and Services ...........__...? 4,050,855

Psychological Services --------? 48,000

Superintendents' Salaries ______._...? 2,705,469

? 300,950

Tuition for Multiple Handi-

$ 145,000

In-Service Grants.----.-.-- .--..-. -- . $ 630,466

Sunervisine Teachers

..$ 154.000

Salaries and Travel of Public Librarians ...------------? 1,938,648

Educational Television -------__._..$ 56,000

Guidance, Counseling and Testing _----------------------______.$ 200,000

Severely Emotionally Disturbed Children -------._$ 2,415,830

Public Library Services and Materials _------------.......... $ 1,979,725

Cooperative Educational Services Across County Lines ----------------._------------? 1,285,000

School Lunch Grants.------------? 36,350,000

Public Library Construction..........? 1,184,000

Strengthening Instruction in Critical Subjects _------------_? 1,752,000

School Library Resources, Textbooks and Others ................ .$ 1,900,000

Summer School Supervisory

Program _

_$

51,000

Instructional Assistance --,,--___.? 3,220,000

Purchase of Early Childhood Development Services ------.__...? 6,040,000

Grants--MFPE: Teacher Salaries-- Section 11 _--------------------- .?240,115,158

Salaries of Other Certi ficated Professional Personnel--Section 12 __,,___? 41,979,927

Special Education Teacher Salaries--Section 20 ........-....-? 19,499,950

FRIDAY, FEBRUARY 16, 1973

829

Maintenance, Operation and Sick Leave ......,,.__._._..._.__..$ 43,021,509

Travel

-..,,,,,,..$ 1,306,476

Pupil Transportation ..._..............,,$ 18,430,470

Textbook Allotments ......................I 5,878,811

School Library Book and Non-Consumable Materials $ 1,600,301

Isolated Schools .......................$ 61,844

Mid-Term Adjustments..._._____.__.....$ 2,261,120

Provided, that none of the State funds ap propriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the cur rent funds of the State, unless such program or project has been authorized by the General As sembly.

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 kindergarten 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 Department of Human Resources.

It is expressly provided that none of these funds shall be used in connection with a child care services program by any existing or sub sequently organized day care center, unless other wise 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 the payment of suitable fees.
Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teachers Retirement System applicable to such salary.

830

JOURNAL OP THE HOUSE,

Provided, that the amount of $3,200,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the elementary grades in the form of additional certificated and/or non-certificated personnel to assist classroom teachers in pro viding intensive instruction and training in order to enable all students to achieve in the various subject matter areas in accordance with their potential and abilities. Such personnel shall be available to assist the classroom teachers. Such personnel shall be made available to Local School Systems within the limits of funds available by the State Department of Education on the basis of applications by the Local School Systems and a determination of critical need by the Local School System and the State Department of Education.

Provided, however, that independent school systems shall be eligible to participate in the acquisition of 'mini' buses for special education purposes.
Provided, that the amount of $370,000 is designated and committed for payment equally to the Carroll County Board of Education and the Lowndes County Board of Education for projects relating to the Severely Emotionally Disturbed Children Program.

Provided, however, that from the above appriation, relative to pupil transportation, such amount as is necessary shall be used solely for the purpose of providing an increase of $125.00 per annum in the compensation of school bus drivers beginning the first day of the fiscal year 1973.

B. Construction:
Capital Outlay
F. Y. 1973 _____
Authority Lease Rental Payments to Georgia Education Authority (Schools)
F. Y. 1973 ________---__._.._______$
Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools)
F. Y. 1973 ........................... ^
Grants Direct to School Systems for Capital Outlay Purposes
F. Y. 1973 .......... .^.. ......... ..^

154,300 437,269 26,945,384 1,671,723

FRIDAY, FEBRUARY 16, 1973

831

Provided, that from the above appropriation for Grants to School Systems for Authority Lease Rentals to the Georgia Education Authority (Schools) the amount of $2,500,000 for F. Y. 1973 is designated and committed for additional Lease Rentals to said Authority to permit the issuance of bonds to finance new projects.

Changed Object: Capital Outlay _________._..____________.________._$252,629."

Section 5. Said Act is further amended by strik ing from Section 8, relating to the University System of Georgia, the following:
"F. Y. 1973 --.-.-.-,,-.--..-.-..-- $177,819,500",

and inserting in lieu thereof the following: "F. Y. 1973 -...----.-$ 179,066,041",

and by striking the following: "Operating Expenses ____._______.__.$ 52,229,250",

and inserting in lieu thereof the following: "Operating Expenses ____-_____--_-_______________________.....$ 74,769,276",

and by striking the following: "Grants to Junior Colleges............$2,280,000",

and inserting in lieu thereof the following: "Grants to Junior Colleges.......................... ..._...,,.$

2,850,000",

and by striking the following: "F. Y. 1973 ---.---.--------$2,250,000",

and inserting in lieu thereof the following:

"F. Y. 1973

- _.... --.....$

3,750,000",

and by striking the following: "Capital Outlay .-.....-...-.............-.$3,750,000",

and inserting in lieu thereof the following: "Capital Outlay .-----$

5,485,000",

and by adding the following language:

832

JOURNAL OP THE HOUSE,

"Provided, that of the above appropriation
for Capital Outlay, $1,500,000 is designated and committed for the acquisition of the Old Uni versity Hospital in Augusta, Georgia."

Section 5A. Said Act is further amended by adding at the end of Section 10, relating to Teachers
Retirement System, the following language:

"The Teachers Retirement System shall be authorized to raise its budget by up to $14,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report."

Section 6. Said Act is further amended by strik ing Section 12, relating to the Department of Human Resources, in its entirety and inserting in lieu thereof
the following:

"Section 12. Department of Human Re sources.

A. Operations F. Y. 1973 ---____--___-___._---$ 252,188,026

Provided, that of the above appropriation, $25,000 in State funds is designated and com mitted for payments for the treatment of cystic fibrosis.
Provided, that for the purpose of receiving Federal matching funds under Titles XVI, XVIII and XIX of the Social Security Act, each budget unit listed in this Section shall have authority to transfer funds to the Medical Assistance Pro gram, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to eligible recipients; and shall have authority to use Titles XVI, XVIII and XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for F. Y. 1973 for operating expenses and additional per sonnel as necessary to meet requirements for payment or reimbursement, subject to being ap proved by the Office of Planning and Budget.

Provided, however, that when patients are transferred from the State institutions to the
Adult Foster Care Program, the Office of Plan ning and Budget is authorized to transfer from the respective institution budgets to the Admin-

FRIDAY, FEBRUARY 16, 1973

833

istration-Division of Mental Health activity amounts sufficient to defray the cost of the State of Adult Foster Care payments entailed by such patient transfers.

Provided, that of the above appropriation, $100,000 is designated and committed for the direct support of the stroke-screening program of the Community Cardio-vascular Council in Savan nah.

Provided, that Central State Hospital is hereby authorized to utilize all Medicare and Medicaid receipts in excess of the amount con templated in this Appropriation Act to improve the quality of patient care at the ward level.

B. Construction Authority Lease Rentals F. Y. 1973 __.___.____.__.____.

5,545,000

Capital Outlay F. Y. 1973 _--------_-_-$

685,500

Provided, that of the above appropriation, relative to Capital Outlay, $200,000 is designated and committed for the construction of an AllFaiths Chapel at Gracewood State School and Hospital, and $50,000 is designated and com mitted for planning costs associated with the renovation of the Freeman Building at Central State Hospital.
Changed Objects:
Personal Services ________,,_______ $119,922,983
Operating Expenses ___.____....._..._. $ 49,595,284
Authority Lease Rentals ___......__$ 5,545,000
Capital Outlay __-_-___________$ 1,577,385
Grants to Counties _______,,,,__,,__,,$ 37,530,000
Grants for Health Services ___________________________$ 17,772,176."
Section 7. Said Act is further amended by strik ing Section 13., relating to the Department of Of fender Rehabilitation, in its entirety and inserting in lieu thereof the following:

834

JOURNAL OF THE HOUSE,

"Section 13. Department of Offender Re habilitation.

A. Operations F. Y. 1973 _._...._$ 22,692,916

B. Construction

Capital Outlay

F. Y. 1973 ..........

Authority Lease Rentals

F. Y. 1973

-,,

_

$ 7,949,000 $ 840,000

Changed Objects: Personal Services _..,, ..__,,.____ $17,975,908 Operating Expenses .._.__-__-......_.__-_ $ 9,369,080 Capital Outlay .._.....__----...-___--..$ 8,069,000 Authority Lease Rentals ......__.__.._.$ 840,000."

Section 8. Said Act is further amended by strik ing Section 15., relating to the Department of Trans portation, in its entirety and inserting in lieu thereof the following:

"Section 15. Department of Transportation.
A. Appropriation of all funds in subsection A., B., and C. of this Section shall be in con formity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Admin istrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal of ficers of the State are hereby directed, as of July 1 of each fiscal year, to determine the new collection of motor fuel tax received by the Fis cal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

FRIDAY, FEBRUARY 16, 1973

835

For lease rental obligations of the Depart ment of Transportation to Georgia Highway Au thority and the Georgia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such ex cess amount may be used and is herein specifi cally appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for metching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any fund for other works, and the Department of Transportation may add, de lete and substitute Federal aid projects to se cure the full benefit of the Federal aid program. Provided, further, that in order to meet the re quirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway con tracts essential to and included in such inter state Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administra tive Services and constitutionally appropriated to the Department of Transportation.

Operations (including Capital Outlay) F. Y. 1973 ._...._..._..........__._._..._..._..._. . _ _ $ 174,592,153.50

Construction: Authority Lease Rentals F. Y. 1973 ____._______._,,._...__,,..............-._,,-___-_..,,_____...$

24,878,000

836

JOURNAL OF THE HOUSE,

B. Grants to Counties. For Grants to coun ties for aid in county road construction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Depart ment of Administrative Services as provided by law.
F. Y. 1973 .-,,.........___-_-_......-....._.._._____-._............. $

4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.

F. Y. 1973 ......

..^

4,500,000

The sum appropriated under C. shall be dis tributed and disbursed to the various counties of the State by the Fiscal Division of the De partment of Administrative Services in the same proportional basis to each county as the propor tion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the De partment of Transportation.

Provided, further, that a member of the gov erning authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the re quest of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

D. Grants to Municipalities for Capital outlay. For grants to municipalities in accor dance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
F. Y. 1973 ....._.$

9,317,000

Provided, further, that a member of the governing authority of the municipality, desig nated by such authority, shall execute an affi davit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transpor-

FRIDAY, FEBRUARY 16, 1973
tation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.
Provided, further, that the above sums shall be distributed and disbursed to the various mu nicipalities on a quarterly basis, such payments to be made on the last day of each quarter.
E. Airport Development--State Share of Air port Development.
Construction:
Capital Outlay F. Y. 1973 .....,_.
F. Aviation--For Airport Planning and Promotion of Aviation Safety.
Operations F. Y. 1973 ...... ,,_._-_,,.._.$

G. Air Transportation Services. Operations F. Y. 1973 .................

Provided, that the Department of Transpor tation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equip ment.

Provided, that the Department of Transpor tation is authorized to utilize State Airport De velopment Funds to finance a maximum of 25% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation.

H. Design Study Proposal for the proposed outer loop.

F. Y. 1973

...... J

The Department of Transportation is au thorized to contract with outside consultants or prepare the Design Study Proposal within the

837
976,000 83,525 897,475
100,000

838

JOURNAL OF THE HOUSE,

Department. The Design Study Proposal shall be completed no later than December 31, 1973.

I. Mass Transit. F. Y. 1973 ____._.___._$

42,000

Provided, that of the above appropriation, the following amounts are designated and com mitted for assistance in securing Urban Mass Transit grants for the municipalities named below:
Albany, Macon and Valdosta ............. $ 4,000
Savannah _.__..._.........._..._.........__.._-__-__-_.._.$38,000

Provided, further, that these funds shall be available for expenditure only if matched with Federal and local funds in the following propor tions :
State ._.-_........_.-__-_______-.._..._...........-_-..___-___-16%%
Local ........._...-_________.._.__............-_-_-___.__-16%%
Federal ....................___.___.___..__................_..67 % %

Changed Object: Operating Expense __.__.__....__..__________$40,957,111."

Section 8A. Said Act is further amended by striking subsection B. of Section 16, relating to the Department of Veterans Services, in its entirety and inserting in lieu thereof a new subsection B. of Sec tion 16 to read as follows:
"B. Construction:
Capital Outlay
F. Y. 1973 .-_-.--............ ......._..$

120,000

Changed Object: Capital Outlay ...

-$285,103."

Section 9. Said Act is further amended by strik ing Section 17., relating to the Department of Labor, in its entirety and inserting in lieu thereof the following:
"Section 17. Department of Labor.
Operations
F. Y. 1973 ._.__.____,.______.._$

1,040,577

FRIDAY, FEBRUARY 16, 1973

839

Provided, that of the above amount, $50,000 is designated and committed for payment to the De partment of Administrative Services for the pro vision of an accounting system which will satis fy both State and Federal requirements.

Unemployment Compensation Reserve Fund.

F. Y. 1973

_______

.$

1,830,000."

Section 9A. Said Act is further amended by striking Section 18., relating to the Department of Agriculture, in its entirety and substituting in lieu thereof a new Section 18 to read as follows:

"Section 18. Department of Agriculture.

Operations F. Y. 1973 ._______,,.....,,____..__....._.____,,........,,___.

._$ 10,018,826

Provided, that the above appropriated amount, relative to operating expenses, $75,000 is desig nated and committed for use in contracting with the Georgia College of Veterinary Medicine for diagnostic services.

Construction: Capital Outlay F. Y. 1973 ............... .^

Provided, that of the above appropriated amount, $15,440.97 is designated and committed for use at the State Farmers Market at Ellijay.

Authority Lease Rentals

F. Y. 1973

...

.....J$

Fire Ant Eradication F. Y. 1973 ........ .^

428,440.97
975,000 1,500,000

Indemnities F. Y. 1973

..... .^... ..............$

137,000

Changed Objects: Personal Services ................. $7,783,826 Operating Expenses ...--__.....____..__.__.$3,546,364 Capital Outlay ....................... ^ 490,190

840

JOURNAL OF THE HOUSE,

Authority Lease Rentals ........ .......$ 975,000 Fire Ant Eradication ____._.._.............. $1,665,000 Indemnities .______..___...._.........................$ 137,000."

Section 10. Said Act is further amended by striking Section 19., relating to the Department of Industry and Trade, in its entirety and inserting in lieu thereof the following:

"Section 19. Department of Community De velopment.

A. Operations F. Y. 1973 ............$ 5,074,863

Provided, that of the above appropriation, $5,000 is designated and committed for a contract with the Washington-Wilkes Bicentennial Com mission.

Provided, that of the above appropriated amount, relative to operating expense, $300,000 is designated and committed for payment to the Georgia Ports Authority for dredging and related activities.

B. Construction: Capital Outlay F. Y. 1973 .

.

._

$ 113,500

Provided, that of the above appropriation, $13,500 is designated and committed for plan ning for a Welcome Center on Interstate 95 near Kingsland, Georgia, and $100,000 is designated and committed for planning and development relative to the Georgia World Congress Center.
Authority Lease Rentals
F. Y. 1973 ---..$ 2,000,000
Changed Objects:
Personal Services .............._.___.._..........$1,807,761
Operating Expenses .......______.__________._fl,807,025
APDC Grants ...--..____._._._.............._..$1,150,000."

Section 11. Said Act is further amended by strik ing Section 20., relating to the Department of Pub-

FRIDAY, FEBRUARY 16, 1973

841

lie Safety, in its entirety and inserting in lieu there of the following:

"Section 20. Department of Public Safety.

A. Operations F. Y. 1973 .__.._.

..$ 19,918,254

Provided, that of the above appropriation, $5,000 is designated and committed for contract ing with other State agencies for the use of aircraft to patrol roads within the State.

B. Construction: Capital Outlay F. Y. 1973

$ 162,861

Provided, that of the above appropriation, relating to Capital Outlay, the following amounts are designated and committed for the furnishing and equipping of the patrol stations listed thereby:
Albany Post ._.__._____.__._______.___._.__._______-....$25,000
Athens Post ________________________________.__.________.$25,000
Cartersville Post ___.______..._..._..................$25,000
LaGrange Post ______________.__.____.______.____._._.$25,000
Newnan Post ._................__.....-.,._..___.._____.$25,000

Provided, however, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American Association of Motor Ve hicle Administrators, and the International As sociation of Chiefs of Police (State and Pro vincial Police).

Changed Objects:

Personal Services ___________________________ $14,674,228

Operating Expenses ....,,...,,...-........$ 7,565,227

Capital Outlay ... ,,

$ 502,832."

Section 12. Said Act is further amended by strik ing Section 21., relating to the Department of De fense, in its entirety and inserting in lieu thereof the following:

842

JOURNAL OF THE HOUSE,

"Section 21. Department of Defense.

A. Operations F. Y. 1973 --._____,,.....,,,,------.$ 1,251,000

Provided, that of the above appropriation, $40,000 is designated and committed to match Federal funds for the purchase and installation of Intrusion Detection Systems in Georgia Na tional Guard Armories.

B. Construction: Capital Outlay F. Y. 1973

........ ..:$

29,879

Changed Objects: Grants -_...................______.__...-................._..$370,000 Personal Services --------- --$970,800 Capital Outlay ...........$ 29,879."

Section 13. Said Act is further amended by strik ing Section 22., relating to the Workmen's Compen sation Board, in its entirety and inserting in lieu thereof the following:

"Section 22. Workmen's Compensation Board.

Operations F. Y. 1973 -------------- --------$

920,000

Changed Objects:

Personal Services

............ ------$892,470

Operating Expenses ----------------$170,187."

Section 14. Said Act is further amended by striking Section 23., relating to the Department of Banking and Finance, in its entirety and inserting in lieu thereof the following:

"Section 23. Department of Banking and Finance.

Operations F. Y. 1973 -------------$

943,000."

FRIDAY, FEBRUARY 16, 1973

843

Section 14A. Said Act is further amended by striking Section 25, relating to the Office of Comp troller General, in its entirety and inserting in lieu thereof the following:

"Section 25. Office of the Comptroller Gen eral.

Operations F. Y. 1973 ___._.____,,.__.$ 2,126,000

Changed Objects: Personal Services ...................... $1,692,000 Operating Expenses .______________________.$ 507,000

Provided, that the Comptroller General is au thorized to utilize Federal funds for the purpose of employing six additional personnel and for operating expenses related thereto."

Section 15. Said Act is further amended by strik ing Section 24., relating to the Georgia Public Service Commission, in its entirety and inserting in lieu thereof the following:

"Section 24. Georgia Public Service Com mission.

Operations F. Y. 1973 --------,,_,,___$

983,329

Changed Objects:

Personal Services ....

$869,469

Operating Expenses .,,.._,,._....__.__.,,,,. ^$113,860."

Section 16. Said Act is further amended by strik ing Section 26., relating to the Department of Natural Resources, in its entirety and inserting in lieu there of the following:

"Section 26. Department of Natural Resources.

A. Operations F. Y. 1973 .--

_..._.____$ 12,791,159

B. Construction: Capital Outlay F. Y. 1973 ..........................................^

2,662,083

844

JOURNAL OP THE HOUSE,

Provided, that from the above amount $10,300 is designated and committed to permit an engineering feasibility study for Bowen Mill Lake in Ben Hill County. Provided also, that this lake will be constructed only if it is approved for funding under the Land and Water Con servation Act and that 50% of the total cost will be reimbursable from Federal funds.

Provided, that of the above appropriated amount, relative to Capital Outlay, an amount not to exceed $12,000 is designated and com mitted for use in construction of fishing piers at Lake Blackshear. Provided also, however, that the Office of Planning and Budget shall reduce said funds to the extent that Federal funds become available.

Provided, that of the above appropriated amount relative to Capital Outlay, $10,000 is designated and committed for planning the Lake Nottely Dam project, and $83,333 is designated and committed for the purpose of paying no more than one-third of the cost of the Sope Creek proj ect, provided such expenditure is deemed legal by the State Attorney General.

Authority Lease Rentals F. Y. 1973 -----.,,--...$ 2,546,000

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds with out the approval of the State Properties Control Commission.

Changed Objects: Personal Services .______,,._............-._.___.$12,801,593 Capital Outlay ....__.___.-........._...___.._._.$ 6,415,517 Operating Expenses ___________..-__________$ 9,030,346."

Section 17. Said Act is further amended by strik ing Section 27., relating to the Forestry Commission, in its entirety and inserting in lieu thereof the fol
lowing :

"Section 27. Forestry Commission.
Operations F. Y. 1973 __._.--__.--$

7,325,087

FRIDAY, FEBRUARY 16, 1973

845

Changed Objects:

Personal Services ............. ..... ... ... $7,789,031

Operating Expenses ........... ............$2,313,074

Grants .

.

$ --0-- ."

Section 18. Said Act is further amended by strik ing Section 28., relating to the Forest Research Coun cil, in its entirety and inserting in lieu thereof the following:

"Section 28. Forest Research Council.

Operations F. Y. 1973

_ $ 509,000."

Section 19. Said Act is further amended by strik ing Section 31., relating to the Department of Ad ministrative Services, in its entirety and inserting in lieu thereof the following:

"Section 31. Department of Administrative Services.

A. Operations F. Y. 1973 ..............................................................I 5,186,147

B. Construction: Capital Outlay F. Y. 1973 ..................................................

$ 5,503,500

Provided, that from the above appropriation, $2,500 is designated and committed for obtaining options for the purchase of land in the area sur rounding the State Capitol in Atlanta, and $80,000 is designated and committed for Special Repairs.

Provided, however, that of the above appro priation, $5,000,000 is designated and committed for payment to the Georgia Building Authority for the purpose of acquiring real estate on the corner of Piedmont Avenue and Hunter Street, in Atlanta, Georgia.

Authority Lease Rentals

F. Y. 1973

_..__._.......____._______.__$ 3,112,753

846

JOURNAL OF THE HOUSE,

Changed Objects: Personal Services ........... $ 8,101,442 Operating Expenses -.....______........._ $10,812,919 Capital Outlay .................. ^ 5,503,500."

Section 19A. Said Act is further amended by adding at the end of Section 32 the following language:

"The Merit System of Personnel Adminis tration shall be authorized to increase its pro rata assessment to a rate sufficient to generate up to $124,000.00 for the renovations contem plated in the F. Y. 1973 amended Budget Report."

Section 19B. Said Act is further amended by adding at the end of Section 33 the following lan guage:

"The Employees Retirement System shall be authorized to increase its budget by up to $35,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report."

Section 20. Said Act is further amended by strik ing Section 34., relating to the Department of Rev enue, in its entirety and inserting in lieu thereof the following:

"Section 34. Department of Revenue.

A. Operations F. Y. 1973 ...... ...__..$ 15,123,000

B. Loans to Counties--Tax Reevaluation F. Y. 1973 ... .. ____________$

116,965

In addition, there is hereby appropriated the amount of such repayment of county tax evalua tion loans as may be made by such counties dur ing the fiscal year in such amount and for the same purpose as originally appropriated, $208,035 in F. Y. 1973. Such amount shall be available for further tax evaluation loans to counties.
C. Motor Vehicle Tag Purchases
F. Y. 1973 ___._..___..._ $
Provided, that of the above appropriated amount, relative to Motor Vehicle Tag Purchases,

894,775

FRIDAY, FEBRUARY 16, 1973

847

$460,000 is designated and committed for use in contracting with Georgia Prison Industries for the production of at least $1,000,000 1976 motor vehicle tags.

Changed Objects: Personal Services ............._._._...._._...... $9,678,662 Operating Expenses ,, ,, .. $5,451,338."

Section 21. Said Act is further amended by strik ing Section 36., relating to the Office of the Secretary of State, in its entirety and inserting in lieu thereof the following:

"Section 36. Office of the Secretary of State.
A. Operations F. Y. 1973 ....-.---.-$

3,794,800

B. Construction: Authority Lease Rentals F. Y. 1973 ._..-..----$
Changed Object: Operating Expense ..._.._.....__._.....___... $1,242,524."

815,000

Section 22. Said Act is further amended by strik ing Section 38., relating to the Office of the Governor, in its entirety and inserting in lieu thereof the fol
lowing :

"Section 38. Office of the Governor.
A. Operations Governor's Office F. Y. 1973 ..-.--$
Office of Planning and Budget F. Y. 1973 ,,..,,.,, -- -,,--,,$

795,000 1,362,000

There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergen cy that he may determine requires expenditure of any part of said fund. Expenditures from this

848

JOURNAL OP THE HOUSE,

fund shall be made in accordance with other pro visions of State law and the Constitution.

B. Governor's Emergency Fund.

F. Y. 1973

------..__._......._._$

2,000,000

Changed Object: Personal Services __._____.__.__..__...___........$2,215,102."

Section 23. Said Act is further amended by strik ing Section 40., relating to five percent (5%) salary increase for State employees, in its entirety and in serting in lieu thereof the following:

"Section 40. In addition to all other ap propriations for the fiscal year ending June 30, 1973, there is hereby appropriated to the budget units designated hereinafter the amounts listed for each such budget unit for personal services to fund a five percent (5%) salary increase for State employees.

The Speaker resolved the House into a Committee of the Whole for the pur pose of considering HB 140, designating Mr. Floyd of the 5th as Chairman thereof.

The Committee of the Whole arose and through its Chairman reported HB 140 back to the House with the recommendation that the same Do Pass, by Ap propriations Committee substitute, as amended by the Committee of the Whole.

The following amendments were read and adopted:

The Committee of the Whole moves to amend the Committee substitute to HB 140 as follows:

By striking from Section 6 relating to Fiscal Year 1972-73 the figure $252,188,026 and substituting in lieu thereof the figure $255,688,026.

Changing object classes as listed below:

Object Class

Existing

Proposed

Grants: For Mental Retardation to supplant Federal funds

--0--

3,500,000

Increase 3,500,000. Section 6. Budget Unit Department of Human Resources. To replace anticipated agency fund loss due to Federal cut
backs.

FRIDAY, FEBRUARY 16, 1973

849

The Committee of the Whole moves to amend the Committee substitute to HB 140 as follows:

By striking from Section 5 the following: "F. Y. 1973 ___.__....._..........._...._._.....____._.-..-_.-....____....-____$3,750,000",

and inserting in lieu thereof the following: "F. Y. 1973 ... ...._.._. ......._......._____...._.__._.......__..._.___...____.....$3,867,000."

The Committee of the Whole moves to amend the Committee substitute to HB 140 as follows:
By adding at the end of the language quoted in Section 7A, in Sec tion 4 of said Bill the following:
"Provided that the portion of the teachers' salaries withheld subsequent to November 15, 1972 as a result of action by the Fed eral Pay Board shall be paid in one lump sum to the local school systems no later than February 28, 1973.".

The Committee of the Whole moves to amend the Committee substitute to HB 140 as follows:
By striking from the end of Section 24 the figure "$1,343,845,265.50" and inserting in lieu thereof the figure "$1,347,345,265.50".

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Bennett Berlin Berry Blackshear Bohannon

Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

850
Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr CarrellCastleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R.

JOURNAL OF THE HOUSE,

Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt

Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Beckham Egan Ezzard

Hill, B. L. Matthews, D. R. McCracken

Savage Townsend Mr. Speaker

FRIDAY, FEBRUARY 16, 1973

851

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 0.

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

Mr. Egan of the 25th requested that the following appear in the Journal.

HOUSE OF REPRESENTATIVES Atlanta, Georgia

February 15, 1973

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

Dear Mr. Clerk:

I hereby request to be excused from attendance in the House on Friday, February 16. I have been requested to introduce Mr. William Ruckelshaus, Administrator of the Environmental Protection Agency, at the Georgia Day Luncheon in Savannah on that day.

As you know, this is a celebration of the 240th anniversary of the founding- of our State, and I thought it appropriate that some repre sentative of our State government have an official role in the celebra tion.

MJE/lea

Yours very truly,
Is/ Michael J. Egan House Minority Leader

Mr. Busbee of the 114th moved that the House do now adjourn until Mon day morning, February 19, 1973 and the motion prevailed.

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

852

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 19, 1973

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. Clarence L. Cannon, Pastor, Orchard Knob Baptist Church, Atlanta, Georgia.

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

Mr. Mauldin of the 13th, Chairman of the Committee on 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 738. By Messrs. Oxford of the 101st and Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the State Court of

MONDAY, FEBRUARY 19, 1973

853

Sumter County, so as to change the compensation of the judge and so licitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 739. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Sumter County upon an annual salary, so as to change the compensa tion of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 740. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the treasurer of Sumter 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 741. By Mr. Dixon of the 126th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the sheriff and ordinary of Charlton County from a fee to a salary basis, so as to change the provisions relative to the compensation of the clerk of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 742. By Messrs. Colwell and Twiggs of the 4th:
A Bill to be entitled an Act creating the Board of Commissioners of Rabun County, so as to remove the limit of compensation for the Super visor of Roads; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 743. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act incorporating the City of Cornelia, so as to change the compensation of the mayor and the com missioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

854

JOURNAL OP THE HOUSE,

HB 744. By Messrs. Dixon of the 126th and Odom of the 114th:
A Bill to be entitled an Act to amend Code Chapter 40-19, relating to the Supervisor of Purchases, so as to authorize the Commissioner to pro cure fidelity bonds covering State employees except such bonds of elected State Officers or other officers required to give a special bond; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 745. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to abolish the present mode of compen sating the coroner of Habersham 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 746. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville, so as to authorize the Mayor and Council to close a portion of Hoyt Circle; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 747. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board, so as to provide that area planning and development commissions shall prepare and adopt comprehensive development guides for their areas; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 748. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend Code Chapter 56-24, relating to insurance contracts in general, so as to require 30 days' notice to be given before cancellation or refusal to renew an insurance policy; and for other purposes.
Referred to the Committee on Insurance.

HB 749. By Messrs. Snow of the 1st, Howard of the 19th, Morgan of the 70th, Shanahan of the 7th, Walker of the 100th, Murphy of the 18th, Lee of

MONDAY, FEBRUARY 19, 1973

855

the 114th, Hays of the 1st, Matthews of the 62nd, Nix of the 20th, Lambert of the 97th and Roach of the 8th:
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.
Referred to the Committee on Judiciary.

HB 750. By Mr. Cole of the 6th:
A Bill to be entitled an Act to authorize municipal corporations and coun ties to levy and impose certain excise taxes; to provide for the pro cedures connected therewith; to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 751. By Mr. Hill of the 110th, Mrs. Clark of the 55th, Messrs. Horton of the 43rd, Bond of the 32nd, Alexander of the 38th, Wall of the 61st and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Minimum Wage Law", so as to change the provisions relative to em ployers excluded from said Act; to provide that said Act shall apply to employers of domestic employees; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 752. By Messrs. Larsen of the 27th, Stephens of the 37th, Willis of the 119th, Moyer of the 99th, Lane oi the 40th and Ployd of the 56th:
A Bill to be entitled an Act to amend Code Section 68-221, relating to licensure and registration of motor vehicles by nonresidents, so as to change the period of time in which certain nonresidents may operate a motor vehicle on the public streets and highways without having to register and obtain a license; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 753. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Youthful Offender Act of 1972", so as to provide for the establishment of community rehabilitation centers to assist in the rehabilitation and custodial care of youthful offenders in a neighborhood and family en vironment; and for other purposes.
Referred to the Committee on Human Relations.

856

JOURNAL OF THE HOUSE,

HB 754. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Title 24A, so as to pro vide for the establishment of community rehabilitation centers to as sist in the rehabilitation and custodial care of delinquent and unruly children in a neighborhood and lamiiy environment; and for other purposes.
Referred to the Committee on Human Relations.

HB 755. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Jekyll IslandState Park Authority Act", so as to empower the Authority to adopt, alter or repeal its own by-laws and to transact its business by a majority vote of its members present and voting at any of its regular, special or adjourned meetings; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 756. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to provide for a Georgia Wild and Scenic Rivers System; and for other purposes.
Referred to the Committee on Natural Resources.

HB 757. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Title 56, known as the Geor gia Insurance Code, so as to provide for certain requirements for automobile liability insurance coverage; and for other purposes.
Referred to the Committee on Insurance.

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

HB 709. By Messrs. Levitas of the 50th, Brown of the 34th, Patten of the 123rd, Russell of the 53rd, Horton of the 43rd, Knight of the 65th and Alex ander of the 39th:
A Bill to be entitled an Act to create the Georgia Development Authority for Housing Finances; and for other purposes.

HB 710. By Mr. Lane of the 40th:
A Bill to be entitled an Act to amend an Act to establish a Charter for the City of East Point, so as to extend the City limits; and for other purposes.

MONDAY, FEBRUARY 19, 1973

857

HB 711. By Messrs. Jessup of the 102nd and Smith of the 74th:
A Bill to be entitled an Act to amend an Act providing for the clas sification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide for re ciprocity with other states in the assessment and collection of ad valorem taxation on certain motor vehicles; and for other purposes.

HB 712. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, so as to raise the limit of finds imposed by the mayor's court; to change the compensation of the mayor and coun cil; and for other purposes.

HB 713. By Messrs. McKinney of the 35th, Hudson of the 115th, Wheeler of the 13th, Mrs. Clark of the 55th, Messrs. Lowrey of the 15th, Burton of the 47th and Shepherd of the 28th:
A Bill to be entitled an Act to amend Code Chapter 88-13, relating to control of ionizing radiation and known as the "Georgia Radiation Con trol Act", so as to extend regulation of radiation to include all types of radiation; and for other purposes.

HB 714. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Taliaferro County; and for other purposes.

HB 715. By Mr. Lee of the 68th:
A Bill to be entitled an Act to amend Code Chapter 84-3, pertaining to the certification of architects, so as to provide for the certification of architects who applied for certification by the Board prior to 1952 and who have 20 years' experience approved by the Board; and for other purposes.

HB 716. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act fixing the compensation of the commissioner of roads and revenues of certain counties of this State; and for other purposes.

HB 717. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act fixing the compensation of the county treasurer of certain counties of this State; and for other purposes.

858

JOURNAL OF THE HOUSE,

HB 718. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act increasing the compensation of tax commissioners of certain counties; and for other purposes.

HB 719. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act placing the ordinaries of certain counties on a salary system in lieu of the fee system; and for other purposes.

HR 180-719. By Mr. Shanahan of the 7th:
A Resolution proposing an amendment to the Constitution so as to au thorize Gordon County to appropriate to HAND UP, INC. a sum not to exceed $5,000 per annum out of the public funds of said county; and for other purposes.

HR 181-719. By Mr. Shanahan of the 7th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000 per annum out of the public funds of said city; and for other purposes.

HR 182-719. By Messrs. Mulherin of the 81st, Beckham of the 82nd, Sams of the 83rd, Miles of the 79th, Dent of the 78th and Connell of the 80th:
A Resolution compensating Mr. D. Michael Leonard; and for other purposes.

HR 183-719. By Messrs. Townsend of the 24th and Brantley of the 22nd:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of the City of Atlanta to conduct lot teries in the City; and for other purposes.

HR 184-719. By Messrs. Townsend of the 24th and Brantley of the 22nd: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to provide for the regulation of horse and dog racing and the pari-mutuel wagering of off-track betting thereon; and for other purposes.
HB 720. By Mr. Busbee of the 114th: A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to repeal the provisions requiring that a

MONDAY, FEBRUARY 19, 1973

859

person shall be unemployed for a waiting period of one week before be ing eligible for benefits; and for other purposes.

HB 721. By Messrs. Thompson of the 86th, Pearce of the 87th, Buck of the 87th, Berry of the 86th, King of the 85th, Davis of the 85th and Adams of the 84th:
A Bill to be entitled an Act to ratify, confirm, and authorize the sale, of a certain tract or parcel of land in the City of Columbus; to remove the restriction "for cemetery purposes only"; and for other purposes.

HB 722. By Messrs. Pearce of the 87th, Berry and Thompson of the 86th, Adams of the 84th, King of the 85th and Buck of the 87th:
A Bill to be entitled an Act to amend an Act abolishing the justice courts and the office of Justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in Columbus, so as to change the provisions relative to the com pensation for the deputy marshal(s) and to change the provisions relative to costs; and for other purposes.

HB 723. By Messrs. Colwell of the 4th, Williams, Whitmire and Wood of the 9th, Lane of the 76th, Irvin of the 10th, Twiggs of the 4th, Cole of the 6th, Lowrey of the 15th, Wheeler of the 127th and others:
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 to the prohibitions against State officers or employees selling to State agencies; and for other purposes.

HB 724. By Messrs. Turner of the 3rd, Cole and Foster of the 6th, Shanahan of the 7th, Patterson and Bohannon of the 64th, Kreeger and Burruss of the 21st and Harris of the 8th:
A Bill to be entitled an Act to amend the Georgia Correctional Industries Act, so as to authorize the Georgia Correctional Industries Administra tion to competitively bid on construction projects of the State Board of Corrections; and for other purposes.

HB 725. By Messrs. Adams of the 36th and Lane of the 40th:
A Bill to be entitled an Act to provide that the governing authorities of certain municipalities of this State (population of more than 400,000) shall adopt certain policies governing the employment of personnel; and for other purposes.

HB 726. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the clerk of the

860

JOURNAL OF THE HOUSE,

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 relative to the compensation of the clerk, ordinary, sheriff and tax commissioner; and for other purposes.

HB 727. By Messrs Dollar of the 63rd, Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Douglas County, so as to change the compensation and expense allowance of the commissioners; and for other purposes.
HB 728. By Mr. Gignilliat of the 105th:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the Board of Pardons and Paroles, so as to change the provisions relative to rules and regulations governing eligibility for parole; and for other purposes.

HB 729. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th, Ellis of the 107th, Blackshear of the 106th, Gignilliat of the 105th, Hill of the 110th and Alien of the 108th:
A Bill to be entitled an Act to amend "An Act to create and organize commissioners of Chatham County, who shall be ex officio judges to de fine their jurisdiction and duties", so as to change the provisions rela tive to the compensation of the commissioners and ex officio judges; and for other purposes.

HB 730. By Mr. Levitas of the 50th:
A Bill to be entitled an Act to amend the Georgia Land Sales Act of 1972, so as to require that a performance bond must accompany the application for the sale of subdivided land; and for other purposes.

HB 731. By Messrs. Levitas of the 50th and McDaniell of the 20th:
A Bill to be entitled an Act to amend the Georgia Land Sales Act of 1972, so as to provide that the provisions of said Act shall apply to sub divided lands which are offered for sale in this State even though such lands are located outside this State; and for other purposes.

HB 732. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the Sheriff of Cook County, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners; and for other purposes.

MONDAY, FEBRUARY 19, 1973

861

HB 733. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act changing the mode of com pensation of the Clerk of the Superior Court, the Ordinary and the Tax Commissioner of Cook County, so as to provide that all fees, costs or other emoluments of the Tax Commissioner shall become the property of the county; and for other purposes.

HB 734. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide for the enforcement of foreign judgments; to provide a short title; to provide for definitions; to pro vide for the filing of foreign judgments and the notice thereof; to pro vide for the stay of enforcement of such judgments; and for other purposes.

HR 186-734. By Messrs. Dickey, Evans and Berlin of the 89th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall pass no law that increases or decreases the salary of any elected State or local official during the term of office for which such official was elected; and for other purposes.

HB 735. By Messrs. Egan of the 25th, Lee and Odom of the 114th, Larsen of the 27th, Russell of the 62nd, Patten of the 123rd, Noble of the 48th, Geisinger of the 44th, Adams of the 74th, Smith of the 42nd, Mason of the 59th, Carlisle of the 67th and Alexander of the 39th:
A Bill to be entitled an Act to amend the Groundwater Use Act of 1972, so as to amend the definition of "groundwater" and add definitions of "well", "Departments", and "Director"; and for other purposes.

HB 736. By Messrs. Levitas of the 50th, Farrar of the 52nd, Jordan of the 58th and Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act establishing districts in DeKalb County for members of the County Board of Education, so as to provide that members of said Board shall be elected on a non-partisan basis by a majority of the qualified voters voting within their respective School Board Districts for terms of 4 years; and for other purposes.

HR 187-736. By Mr. Edwards of the 95th:
A Resolution proposing an amendment to the Constitution so as to authorize any county, municipality, county board of education or inde pendent Board of education to be used for governmental or educational purposes; and for other purposes.

862

JOURNAL OF THE HOUSE,

HB 737. By Mr. Evans of the 89th:
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 restrict the hours for the retail sale of distilled spirits in un broken packages; and for other purposes.

Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement, has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 197. Do Pass, by Substitute.
Respectfully submitted, Buck of the 87th District, Chairman.

Mr. Levitas of the 50th 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 the same back to the House with the following recommendations:
HB 546. Do Pass. HB 547. Do Pass. HB 548. Do Pass. HB 549. Do Pass. HB 550. Do Pass. HB 551. Do Pass. HB 552. Do Pass. HB 563. Do Pass. HB 564. Do Pass. HB 565. Do Pass. HB 595. Do Pass. HB 600. Do Pass.

MONDAY, FEBRUARY 19, 1973

863

HB 601. Do Pass. HB 616. Do Pass. HB 623. Do Pass. HB 624. Do Pass. HB 628. Do Pass. HB 629. Do Pass. HB 633. Do Pass. HB 634. Do Pass. HB 635. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

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

HB 546. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Rockdale County, so as to change the salary 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 115, nays 0.

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

HB 547. By Mr. Vaughn of the 57th:
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 the sheriff and his deputies; and for other purposes.

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

864

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 548. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the time set for the submission of the monthly report; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 549. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to provide for a chief deputy and his compensation; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 550. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Ordinary of Rockdale County in lieu of the fee system, so as to change the salary of the ordinary; and for other purposes.

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

MONDAY, FEBRUARY 19, 1973

865

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 551. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of com pensation, so as to change the salary of the coroner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 552. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to provide that the governing authority of any municipality located wholly within certain counties (population not less than 18,100 or more than 18,250) may not rezone or otherwise change the zoning status of land which it has annexed for a period of 2 years from the date such annexation becomes effective; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 563. By Mr. Phillips of the 103rd:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver of Wheeler County, so as to provide that the Tax Commissioner may employ a clerk or assistant and that the salary of such clerk or assistant shall be fixed by the tax commissioner and paid from the county treasury; and for other purposes.

866

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 564. By Messrs. Rush of the 104th and Phillips of the 103rd:
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 com pensation of the judge and solicitor of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 565. By Messrs. Rush of the 104th and Phillips of the 103rd:
A Bill to be entitled an Act to provide for the election of the Board of Education of Toombs County; to provide that the Board of Education shall be composed of five 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 115, nays 0.

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

HB 595. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
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.

MONDAY, FEBRUARY 19, 1973

867

The report of the Committee, which was favorable to the passage of the Bill, was 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 600. By Messrs. Lee, Busbee, Hutchinson and Odom of the 114th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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 601. By Messrs. Grantham and Wheeler of the 127th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Camden County into the office of the tax commissioner of Camden County, so as to change the provisions relating to personnel 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 616. By Messrs. Rush of the 104th and Fraser of the 117th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensa tion; and for other purposes.

868

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 623. By Messrs. Buck of the 87th, Davis of the 85th, Thompson of the 86th and others:
A Bill to be entitled an Act to amend an Act abolishing justice courts and the offices of Justice of the Peace and notary public ex officio Justice of the Peace; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 624. By Messrs. Mauldin, Wheeler and Milford of the 13th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Franklin County, so as to change the provisions rela tive to the compensation of the Sheriff's deputy; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 628. By Messrs. Dorminy, Rainey and Hudson of the 115th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Ashburn, so as to require candidates to receive a majority of the votes cast to fill the nomination or office in order to be nominated or elected to such office; and for other purposes.

MONDAY, FEBRUARY 19, 1973

869

The report of the Committee, which was favorable to the passage of the Bill, was 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 629. By Messrs. Snow of the 1st, Cole of the 6th, Hays of the 1st and others:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change 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 633. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary, so as to change the compensation of the deputy clerk and to delete authorization for additional 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 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 634. By Mr. Floyd of the 5th:
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 a certain tract of land which is a portion of Favor Street; and for other purposes.

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

870

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 635. By Mr. Floyd of the 5th:
A bill to be entitled an Act to amend an Act placing the Ordinary of Chattooga County upon an annual salary, so as to change the compen sation of the Ordinary and his 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 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 following Bills of the Senate and House, to-wit:

SB 64. By Senator Overby of the 49th:
A Bill to amend an Act establishing the Employees Retirement System, as amended, so as to correct the numbering of subsection (13) of Sec tion 3; to make and clarify provisions relative to certain persons who were serving as Messenger or Doorkeeper of either of the two Houses.

SB 130. By Senator Reynolds of the 48th:
A Bill to amend an Act creating the offices of the State Highway Board, and Treasurer of the State Highway Department, approved Feb. 2, 1950, (Ga. L. 1950, p. 62), as amended, particularly by an Act approved Apr. 8, 1968 (Ga. L. 1968, p. 1055), so as to provide for the venue and service of suits by or against the Department of Transportation; to provide an effective date.

SB 136. By Senator Webb of the llth: A Bill to amend Code Section 47-107, relating to the salary and allow-

MONDAY, FEBRUARY 19, 1973

871

ance of members of the General Assembly, as amended, so as to increase the per diem expense allowance of certain members.

SB 140. By Senator Reynolds of the 48th:
A Bill to provide a new Code of Public Transportation; to revise, clas sify, consolidate, and repeal Title 95, Code of Georgia, as amended.

SB 160. By Senator Cox of the 21st:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to require that a complete set of fingerprints shall be furnished to ascertain if there has been any criminal activity for a period of two years immediately prior to the date of application.

SB 161. By Senator Cox of the 21st:
A Bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages;" to allocate funds derived from such taxes.

SB 180. By Senator Lester of the 23rd:
A Bill to enact the Interstate Compact on Mental Health; to provide for the purpose and policy of said compact.

SB 185. By Senator Lester of the 23rd:
A Bill to amend Code Chapter 88-25, relating to mental retardation, so as to recognize and expressly protect the rights of any person admitted under said chapter.

SB 186. By Senator Lester of the 23rd:
A Bill to amend Code Chapter 88-24, relating to rights of certain State employees, so as to extend compensation to employees of institutions op erated by the Department of Human Resources for certain personal property losses sustained through patient action.

HB 55. By Messrs. McCracken of the 77th, Floyd of the 5th, and Greer of the 43rd:
A Bill to amend an Act, relating to a health insurance plan for State employees, so as to increase the maximum permissible participation and contribution in the health insurance plan.

872

JOURNAL OP THE HOUSE,

HB 151. By Mr. McCracken of the 77th:
A Bill to amend an Act creating the Georgia Insurers Insolvency Pool which provides a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent, so as to re define "insurer", "company" and "insolvent insurer".

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:
SR 33. By Senator Reynolds of the 48th: A Resolution to amend a Resolution relating to architectural and engi neering firms doing business with the State approved March 20, 1970 (Ga. L. 1970, p. 420), as amended, particularly by a Resolution approved April 12, 1971 (Ga. L. 1971, p. 811), so as to exempt certain contracts of the Department of Transportation and the State Tollway Authority from said Resolution.
SR 82. By Senator Gillis of the 20th: A Resolution commending the employees of the State Department of Transportation.
The Senate has agreed to the House substitute to the following Resolution of the Senate, to-wit:
SR 11. 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.
The Senate has agreed to the House amendment to the following Resolution of the Senate, to-wit:
SR 9. By Senator Kidd of the 25th: A Resolution transferring control and jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract to Baldwin County and the City of Milledgeville.
The Senate insists on its amendments to the following Bill of the House, to-wit:

MONDAY, FEBRUARY 19, 1973

873

HB 3. By Mr. Davis of the 85th:
A Bill 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.

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

SR 5. By Senators Starr of the 44th, Hamilton of the 26th, McDuffie of the 19th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption of $5,000 from all ad valorem taxation for State, county and county school purposes except ad valorem taxa tion to pay interest on and retire bonded indebtedness and to delete the homestead exemption of $4,000 for elderly persons with a limited income.

The following Bills and Resolution of the Senate were read the first time and referred to the committees:
SR 33. By Senator Reynolds of the 48th: A Resolution to amend a Resolution relating to architectural and engi neering firms doing business with the State approved March 20, 1970, so as to exempt certain contracts of the Department of Transportation and the State Tollway Authority from said Resolution; and for other purposes.
Referred to the Committee on Highways.
SB 64. By Senator Overby of the 49th: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to correct the numbering of subsection (13) of Section 3; to make and clarify provisions relative to certain persons who were serving as Messenger or Doorkeeper of either of the two Houses; and for other purposes.
Referred to the Committee on Retirement.
SB 130. By Senator Reynolds of the 48th: A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, and Treasurer of the State Highway Department, so as to provide for the venue and service of suits by or against the Department of Transportation; and for other purposes.
Referred to the Committee on Highways.

874

JOURNAL OP THE HOUSE,

SB 136. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowance of members of the General Assembly, so as to increase the per diem expense allowance of certain members; and for other purposes.
Referred to the Committee on Retirement.

SB 140. By Senator Reynolds of the 48th: A Bill to be entitled an Act to provide a new Code of Public Transpor tation; to revise, classify, consolidate, and repeal Title 95, Code of Geor gia, as amended; and for other purposes.
Referred to the Committee on Highways.
The following Resolution of the House was read and adopted:

IR 202. By Messrs. Russell, Matthews and Logan of the 62nd, McDonald of the 12th and Carrell of the 71st:
A RESOLUTION
Commending Mrs. Kathleen H. White; and for other purposes.
WHEREAS, Mrs. Kathleen H. White, a second grade teacher at Holsenbeck Elementary School in Barrow County, has been chosen as Georgia Teacher of the Year for 1972; and
WHEREAS, the Teacher of the Year Program honors teaching ex cellence as both an achievement and an inspiration to others; and
WHEREAS, Mrs. White began her teaching career in 1929 at Oostanaula Consolidated School near Calhoun, Georgia, at a salary of $60 per month; and
WHEREAS, Mrs. White is respected and admired by her students, their parents, and by her co-workers; and
WHEREAS, she has shown a unique ability to communicate with her young students and instills in her students the confidence which they need to successfully cope with the daily problems and pressures of an educational environment; and
WHEREAS, Mrs. White holds a Master's Degree in Education and a Specialist Degree in Elementary Education from the University of Georgia, and has taken courses at Emory University, Shorter College and Valdosta State College; and

MONDAY, FEBRUARY 19, 1973

875

WHEREAS, Mrs. White was chosen from a group of nominees from school systems throughout the State; and

WHEREAS, it is only fitting and proper that Mrs. White be rec ognized and commended for her many outstanding accomplishments and for her contributions to the students at Holsenbeck Elementary School.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby rec ognize and commend Mrs. Kathleen H. White on her selection as Georgia Teacher of the Year for 1972.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mrs. Kathleen H. White.

Mr. Adams of the 36th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Motor Vehicle for further study:

HB 22. By Messrs. Adams of the 36th, Smith of the 74th, Peters of the 2nd, Brown of the 89th and Matthews of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that certain persons occupying certain motor vehicles shall wear a fastened lap or seat belt at all times such vehicles are in motion; and for other purposes.

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

HB 371. By Messrs. Russell of the 53rd, Hawes of the 43rd, Rush of the 104th and others:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for the transfer of the functions of the Georgia Historical Commission and its Board of Commissioners to the Depart ment of Natural Resources; and for other purposes.

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

876

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., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H.
Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dollar Duke Edwards Egan Elliott

Evans Farrar Floyd, J. H. Foster Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell
Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones King Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney

Voting in the negative was Mr. W. J. Lane.

Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Odom Oxford Patterson Pearce Peters Petro Phillips, L. L. Pinkston Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Triplett Turner Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

MONDAY, FEBRUARY 19, 1973

877

Those not voting were Messrs.:

Brantley, H. L. Brown, S. P. Collins, M. Colwell Davis, W. Dean, J. E. Dickey Dorminy Ellis Ezzard Floyd, L. R. Fraser Grahl Harrison

Hill, G. Howard Irwin, J. R. Jordan Keyton Kreeger Levitas McCracken McDaniell Murphy Noble Northcutt Patten, G. C. Patten, R. L.

Phillips, G. S. Rainey Reaves Roach Savage Thomason Toles Townsend Tucker Twiggs Wall Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 138, nays 1.

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

HB 408. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend an Act, so as to allow local governmental jurisdictions to collect the penalty fees for the late pur chase of vehicle tags; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 219. By Messrs. Egan of the 25th and Greer of the 43rd: A Bill to be entitled an Act to relieve nonprofit hospitals from ad valorem taxation; and for other purposes.
The following Committee substitute was read and adopted: A BILL
To be entitled an Act to exempt from ad valorem taxation the property of nonprofit hospitals used in connection with their operation,

878

JOURNAL OF THE HOUSE,

provided that such hospitals have no stockholders 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 chari table corporations; to waive the collection of ad valorem taxation on certain nonprofit hospital property; to provide relief for officers and employees of the State of Georgia, its counties and municipalities and political subdivisions of the State of Georgia under certain conditions; to provide that the exemption herein granted is cumulative and not in derogation of relief granted by other laws; 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. There is hereby exempted from ad valorem taxation the property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders 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 term "hospital" shall mean an institution wherein medical, surgical or psychiatric care is provided to persons who are sick, injured, diseased, mentally ill or crippled, but shall not include an institution licensed as a nursing home under the laws of Georgia.

Section 3. The property exempted hereby shall not include property of a hospital held primarily for investment purposes, or used for purposes unrelated to the providing of patient care, the providing and delivery of health care services, or the training and education of physicians, nurses, and other health care personnel.

Section 4. This Act shall also apply to ad valorem taxes heretofore or hereafter claimed or assessed on the property described herein but which have not been collected before the effective date hereof. Such collection is hereby waived, and all officers and employees of the State , of Georgia and of any municipality, county or other political sub division of the State of Georgia are hereby relieved from any re sponsibility for such collection.

Section 5. The provisions hereof are cumulative and independent of any exemption, waiver, or other relief from taxes given by other laws to nonprofit hospitals described herein.

Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

MONDAY, FEBRUARY 19, 1973

879

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

The 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib

Dean, N. Dent Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden
Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones

Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C.
Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer
Mulherin Mullinax Nessmith Noble Odom Oxford
Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S.

880
Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Russell, J. Sams Savage Shanahan Shepherd Smith, V. B.

JOURNAL OF THE HOUSE,

Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn

Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood, J. T.

Those not voting were Messrs.:

Beckham Bennett Brantley, H. H. Brown, S. P. Carr Chance Davis, W. Dean, J. E. Dickey Dorminy Ezzard

Gignilliat Hill, B. L. Hill, G. Howard Irvin, R. Irwin, J. R. Knight Levitas McCracken McDaniell Murphy

Nix Northcutt Patten, G. C. Reaves Rush Russell, W. D. Smith, J. R. Townsend Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 0.

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

HB 13. By Messrs. Busbee of the 114th, Floyd of the 5th and Egan of the 25th:
A Bill to be entitled an Act to amend Code Section 27-405, Code Section 38-415, and Code Section 26-401 (a), so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other purposes.

An amendment, offered by Mr. Murphy of the 18th, was read and lost.

An amendment, offered by Mr. Murphy of the 18th, was read and with drawn by unanimous consent.
An amendment, offered by Mr. Dollar of the 63rd, was read and lost.

MONDAY, FEBRUARY 19, 1973

881

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Berry Blackshear Bohannon Brantley, H. H. Brantley, H. L. Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Coney Connell Davis, E. T. Dean, Gib Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Farrar Floyd, J. H. Foster Fraser
Geisinger
Gignilliat
Grantham
Greer

Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Howell Hutchinson Irvin, R. Johnson Jones Jordan Keyton Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nessmith Nix
Noble
Northcutt
Odom
Oxford

Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Rush Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Willis
Wilson, M. L.
Wood

882

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Bennett Berlin Bond Bostick Bray Brown, B. D. Brown, C. Buck Colwell Daugherty Dean, J. E.

Dent Dollar Evans Grahl Horton, W. L. Howard Hudson Irvin, J. Jessup King Lane, W. J.

Larsen, W. W. Lewis McDaniell Miles Murphy Ross Russell, J. Stephens Thompson Wilson, J. M.

Those not voting were Messrs.:

Alexander, W. H. Atherton Brown, S. P. Burruss Collins, S. Davis, W.

Dean, N. Ezzard Floyd, L. R. Hamilton Hill, B. L. Irwin, J. R.

Lambert McCracken Pearce Townsend Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 32.

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 House was called to order by the Speaker.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Retirement.

HB 305. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing that cities having certain population shall furnish pensions to officers and employees, as amended, so as to change the provisions relative to eligibility and par ticipation in the benefits under this Act; to repeal conflicting laws; and for other purposes.

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

MONDAY, FEBRUARY 19, 1973

883

HB 2. By Messrs. Busbee of the 114th, Groover of the 75th and Lambert of the 97th:
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; and for other purposes.

Mr. Williams of the 9th moved that debate on HB 2 be limited to two hours, evenly divided between the proponents and opponents of said Bill.

Mr. Atherton of the 19th offered a substitute motion that said debate be limited to three hours, evenly divided between the proponents and opponents of said Bill, including the 20 minute concluding arguments.

The substitute motion prevailed.

The following amendment was read:
Mr. Lee of 114th moves to amend HB 2 as follows:
(1) By adding in the title at line 10 of page 1 following the words "a municipality;" the following:
"to provide for the purchase or condemnation of certain lines and other facilities of electric suppliers and the procedure therefor;"
(2) By adding a new subsection to Section 7 to be known as sub section "(c)" to read as follows:
"(c) As to such areas which are annexed by other than merger, consolidation or other combination of a previously existing munici pality and one or more other geographically defined political sub divisions so as to result in a political subdivision which constitutes a municipality as in this Act defined, the primary supplier within the annexing municipality is hereby granted the right of eminent domain to condemn all of the lines and other facilities of any other secondary supplier or assignee electric supplier, located within the area so annexed and used to serve consumers therein at retail. This right shall expire, with respect to each such annexed area, one year from the effective date of annexation unless the primary supplier within the annexing municipality has sooner instituted proceed ings to acquire any such facilities under any of the statutory methods now or hereafter provided for the condemnation of private property. Upon a final order of condemnation of such lines and other facilities the primary supplier within the annexing munici pality shall become the primary supplier within such annexed area and the rights of the former supplier under Section 9(b) shall cease. The consumers served by such lines and other facilities within such annexed area shall be thereafter served by the primary supplier within the annexing municipality and the transfer of

884

JOURNAL OF THE HOUSE,

service shall be accomplished as nearly as practicable without in terruption of service to the consumers. If the right of eminent do main herein granted is not exercised as provided, the rights of sec ondary suppliers and any assignee electric suppliers within such area shall continue as provided in subsection 7(b), as applicable. Electric suppliers are authorized to negotiate the sale and purchase of all or any part of any such lines and other facilities, and upon the transfer of title thereto the rights of the selling supplier under Section 9(b) shall cease."

(3) By adding to subsection (b) of Section 9 at line 6 of page 16 following the word "hereof" the following:
"and subsection (c) of Section 7,"

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, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton Bailey Blackshear Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Burruss Carlisle Carr Cole Dean, Gib Dean, N. Dixon Dorminy Duke Egan Elliott Evans

Farrar Floyd, L. R. Foster Geisinger Grahl Grantham Greer Harris, J. F. Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Johnson Jordan King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)

Lee, W. S. Marcus Matthews, D. R. McDaniell McKinney Mullinax Nix Odom Patten, G. C. Peters Rainey Ross Russell, W. D. Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Triplett Turner Walker Ware Wheeler, Bobby Wheeler, J. A. Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, John Beckham

Bennett Berlin

Berry Bohannon

Bray Buck Burton Carrell Castleberry Chance Clark Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dent Dickey Dollar Edwards Ellis Ployd, J. H. Fraser Groover Harden Harrington Harris, J. R.

MONDAY, FEBRUARY 19, 1973

885

Harrison Irvin, J. Jessup Jones Lambert Larsen, W. W. Levitas Lewis Logan Lowrey Mason Matthews, C. Mauldin McDonald
Miles Milford Morgan Moyer Murphy Nessmith Oxford Patten, R. L. Patterson Petro Phillips, G. S.

Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Sams Savage Shepherd Sweat Thomason Thompson Toles Tucker Twiggs Vaughn Waddle Wall Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Brantley, H. L. Busbee Collins, S. Dean, J. E. Ezzard Gignilliat

Hamilton Hill, B. L. Irwin, J. R. Keyton McCracken Mulherin

Noble Northcutt Pearce Townsend Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 80, nays 82.

The amendment was lost.

The following amendment was read:
Mr. Lee of 114th moves to amend HB 2 as follows:
(1) By deleting subsection 4(b) and substituting a new subsection 4 (b) to read as follows:
"(b) Each area assigned shall be assigned to only one electric supplier, as determined by public convenience and necessity, having primary regard for the location of electric suppliers' lines, the num-

886

JOURNAL OP THE HOUSE,

ber of retail electric consumers being served by such lines, and the power transfer capability of such lines to serve additional consumers, but having no regard for differences in electric suppliers' retail rates."

(2) By adding in subsection 4(c) between the word "spaces" and the word "in" at line 7 of pg. 7, the following words
"which are substantially developed and"

and by adding after the comma at the end of line 8 of pg. 7 the words
"and serves all or a preponderance of the retail electric con sumers,"

so that when amended said subsection 4(c) shall read as follows:
" (c) Each area assigned shall be so assigned that its boundaries enclose land spaces which are substantially developed and in which the assignee electric supplier owns all or a preponderance of the lines, and serves all or a preponderance of the retail electric con sumers, but an area may be so assigned or declared or left unassigned even though it is completely surrounded by the inner boundaries of another area assigned to an electric supplier. Bound aries will be located around the perimeter of such land spaces so as to be approximately 1,000 feet from the nearest of the assignee electric supplier's lines so enclosed, except that if the lines of two or more electric suppliers are closer together than 2,000 feet the boundary shall be located approximately halfway between them, and except that, where compelling factors of public convenience and necessity so require, including the need for using natural and manmade landmarks for boundary references, the location of a boundary may vary somewhat more or somewhat less than such 1,000-foot or halfway distance; provided, that such 1,000-foot or halfway dis tance standards shall not apply to any lines of the assignee electric supplier which extend from inside the assigned area outside such area or to any lines of any other electric supplier which extend from outside the area inside or completely across such area (and which do not otherwise occasion assignment or unassignment of land space), the rights and restrictions applying to each other elec tric supplier's lines inside such area being as provided for in sub section (d) of this Section."

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, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M.

Atherton Blackshear Bostick Brown, B. D. Brown, S. P.

Burruss Carlisle Clark Cole Connell

Dean, Gib Dean, J. E. Dixon Dorminy Duke Egan Elliott Evans Farrar Floyd, L. R. Foster Geisinger Grahl Grantham Greer Hamilton Harris, J. F. Hawes Hays Hill, G.

MONDAY, FEBRUARY 19, 1973

887

Horton, G. T. Howard Howell Hudson Hutchinson Irvin, R. Johnson Jordan Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Marcus Matthews, D. R. McKinney Milford Mullinax Nix

Odom Patten, G. C. Peters Rainey Ross Russell, W. D. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Triplett Turner Twiggs Walker Ware Wheeler, Bobby Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, John Alien Bailey Beckham Bennett Berlin Berry Bohannon Brantley, H. H. Bray Brown, C. Buck Burton Carr Carrell Castleberry Chance Coleman Collins, M. Colwell Coney Daugherty Davis, E. T. Davis, W.
Dean, N.
Dent
Dickey
Dollar
Edwards
Ellis

Floyd, J. H. Fraser Groover Harden Harrington Harris, J. R. Harrison Horton, W. L. Irvin, J. Jessup Jones King Lambert Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Mason Matthews, C. Mauldin McDonald
Miles
Morgan
Moyer
Murphy
Nessmith
Oxford
Patten, R. L.

Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Sams Savage Strickland Sweat Thomason Thompson Toles Townsend Tucker Vaughn Waddle Wall Whitmire
Williams
Willis
Wilson, M. L.
Wood, J. T.

888

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bond Brantley, H. L. Busbee Collins, S. Ezzard Gignilliat

Hill, B. L. Irwin, J. R. Keyton McCracken McDaniell Mulherin

Northcutt Pearce Wamble Wheeler, J. A. Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

On the adoption of the amendment, the ayes were 74, nays 88.

The amendment was lost.

The following amendment was read:
Mr. Brown of 89th moves to amend HB 2 as follows:
(1) By adding in the title at line 10 following the words "a mu nicipality;" the following:
"to provide for the purchase or condemnation of certain lines and other facilities of electric suppliers and the procedure therefor;"
(2) By deleting subsection (h) of Section 9 and substituting in lieu thereof a new subsection (h) to read as follows:
"9(h) Notwithstanding any provision of this Act, if a ma jority of those voters of a municipality not rendering service on the effective date of this Act voting in a referendum on such question approve the purchase, construction, extension, operation and main tenance of an electric distribution system, such municipality is hereby granted the right of eminent domain to condemn all of the lines and other facilities of the primary supplier within such mu nicipality and any secondary supplier located within the corporate limits of such municipality and used to serve customers therein at retail. This right shall expire, with respect to each such municipality, one year from the date the results of such referendum are declared unless such municipality has sooner instituted proceedings to ac quire such lines and other facilities under any of the statutory methods now or hereafter provided for the condemnation of private property. Upon a final order of condemnatio nof such lines and other facilities, such municipality shall become the primary supplier there in and the rights of the former primary supplier and any such sec ondary suppliers under Section 9(b) shall cease and the consumers served thereby within such corporate limits shall be thereafter served by the municipality as the new primary supplier and the transfer of service shall be accomplished as nearly as practicable without interruption of service to the consumers. Electric suppliers

MONDAY, FEBRUARY 19, 1973

889

are authorized to negotiate the sale and purchase of all or any part of any such lines and other facilities, and upon the transfer of title thereto the rights of the selling supplier under Section 9(b) shall

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, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Beckham Blackshear Bostick Brown, B. D. Brown, C. Brown, S. P. Burruss Carlisle Carr Clark Cole Coleman Collins, M. Coney Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Duke Egan Elliott

Evans Farrar Floyd, L. R. Foster Geisinger Grahl Grantham Greer Hamilton
Harris, J. F. Hawes Hays Hill, G. Horton, G. T. Howard Howell
Hudson Hutchinson Irvin, R. Jordan King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Marcus

Matthews, D. R. McDaniell McKinney Mullinax Murphy Nix Odom Oxford
Patten, G. C. Peters Pinkston Rainey Ross Russell, W. D. Shanahan Shepherd Smith, J. R.
Smith, V. B. Snow Stephens Strickland Turner Walker Ware Wheeler, Bobby Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, John Alien Bailey Bennett Berlin Berry Bohannon Brantley, H. H. Bray

Buck Burton Carrell Castleberry Chance Colwell Connell Davis, W. Dent

Dickey Dollar Edwards Ellis Floyd, J. H. Fraser Groover Harden Harris, J. R.

890
Harrison Horton Irvin, J. Jessup Johnson Jones Lambert Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Mason Mauldin McDonald

JOURNAL OF THE HOUSE,

Miles Morgan Moyer Nessmith Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rogers Rush Russell, J. Sams

Savage Sweat Thomason Thompson Toles Townsend Triplett Tucker Twiggs Vaughn Waddle Wall Whitmire Williams Willis

Those not voting were Messrs.:

Bond Brantley, H. L. Busbee Collins, S. Daugherty Ezzard Gignilliat

Harrington Hill, B. L. Irwin, J. R. Keyton Matthews, C. McCracken Milford

Mulherin Northcutt Pearce Wamble Wheeler, J. A. Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

On the adoption of the amendment, the ayes were 85, nays 74.

The amendment was adopted.

The following amendment was read:
Mr. Hudson of 115th moves to amend HB 2 as follows:
By inserting at the end of Section 15, after line 14 of page 26, the following:
"(d) Any public utility facilities which must be moved when a county or municipality moves a road shall be moved at the expense of the utility."

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

MONDAY, FEBRUARY 19, 1973

891

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Alexander, W. H. Alexander, W. M. Blackshear Bohannon Bond Brown, B. D. Brown, S. P. Davis, W. Dean, N. Dixon Duke Elliott Evans

Farrar Foster Geisinger Grahl Grantham Harris, J. R. Hawes Hays Hill, G. Hudson Hutchinson Jordan Lane, Dick Lane, W. J. Murphy

Nessmith Nix Odom Shepherd Smith, V. B. Snow Stephens Strickland Sweat Walker Wheeler, Bobby Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, John Alien Bailey Beckham Bennett, J. T. Berlin Brantley, H. H. Bray Brown, C. Buck Burton Carlisle Carr Carrell Castleberry Chance Collins, M. Colwell Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dent Dickey Dollar Edwards Egan Ellis Floyd, J. H. Floyd, L. R.
Fraser
Groover
Hamilton

Harden Harrington Harris, J. F. Harrison Horton, G. T. Horton, W. L. Howell Irvin, J. Irvin, R. Jessup Johnson Jones King Knight Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald McKinney Miles Milford Morgan
Moyer
Mullinax

Oxford Patten, G. C. Patten, R. L. Patter son Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Wall Ware Whitmire
Williams
Willis

892

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Atherton Berry Bostick Brantley, H. L. Burruss Busbee Clark Cole Coleman Collins, S. Coney

Dorminy Ezzard Gignilliat Greer Hill, B. L. Howard Irwin, J. R. Keyton Kreeger Larsen, W. W. Matthews, D. R. McCracken

McDaniell Mulherin Noble Northcutt Pearce Peters Phillips, L. L. Rainey Smith, J. R. Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 44, nays 100.

The amendment was lost.

The following amendment was read:
Mr. Hudson of 115th moves to amend HB 2 as follows:
By striking from the title, on line 22 of page 1, the following: "a limitation on the power of",
and inserting in lieu thereof the following: "procedures for".
By striking in its entirety Section 14, beginning on line 26 of page 24, and inserting in lieu thereof a new Section 14, to read as follows:
"Section 14. Power of Electric Supplier to Condemn Proper ties of Another; Procedures. Notwithstanding any other provisions of law, after the effective date of this Act, any municipal electric supplier shall be authorized and empowered to exercise the power of eminent domain for the purpose of acquiring any property, real or personal, of another electric supplier. The fair market value of such property returned by the electric supplier for property tax purposes shall determine the just compensation to be paid for such condemned property."
On adoption of the amendment, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 19, 1973

893

Those voting in the affirmative were Messrs.:

Atherton Bohannon
Bostick Chance Dixon
Floyd, L. R. Hays
Horton, G. T.

Howell Hudson
Hutchinson Irvin, R. Knight
Kreeger Mullinax

Nix Smith, V. B.
Snow Stephens Strickland
Ware Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H.
Alien Bailey Beckham Bennett Berlin Berry Blackshear Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Carlisle Carr Carrell Castleberry Clark Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Duke Edwards Egan Elliott

Ellis Evans Farrar Floyd, J. H. Fraser Geisinger Grahl Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Horton, W. L. Irvin, J. Jessup Johnson Jones King Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin
McDonald Miles Milford Morgan Moyer Murphy

Nessmith Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Sweat Thomason
Thompson
Toles Townsend Triplet! Tucker Twiggs Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood, J. T.

894

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Burruss Busbee Cole Collins, S. Dorminy Ezzard , Foster Gignilliat Grantham

Hill, B. L. Hill, G. Howard Irwin, J. R. Jordan, H. S. Keyton Larsen, W. W. Matthews, D. R. McCracken McDaniell

McKinney Mulherin
Noble Northcutt Odom Pearce Rainey Turner Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 22, nays 127.

The amendment was lost.

An amendment, offered by Mr. Hudson of the 115th, was read and withdrawn by unanimous consent.

An amendment, offered by Mr. Hudson of the 115th, was read and ruled out of order by the Speaker.

The following amendment was read:
Messrs. Cole of the 6th, Shanahan of the 7th and Foster of the 6th move to amend HB 2 as follows:
By inserting a new Section 15B between Sections 15A and 16 to read as follows:
"Section 15B. The provisions of this Act shall not apply to any territory within the State of Georgia designated as the service area of the Tennessee Valley Authority."

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

Those voting in the affirmative were Messrs.:

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

Berlin Bohannon Bond

Bostick Brown, B. D. Brown, S. P.

MONDAY, FEBRUARY 19, 1973

895

Burruss Chance Cole Colwell Dixon Evans Floyd, L. R. Foster Geisinger Grahl Grantham Harris, J. F. Hays

Hudson Irvin, J. Keyton Kreeger Lane, Dick Lee, W. S. Matthews, D. R. Mauldin McDaniell Milford Nix Odom

Peters Rainey Ross Russell, W. D. Shanahan Snow Stephens Sweat Triplett Turner Twiggs Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Atherton Bailey Beckham Bennett Berry Blackshear Brantley, H. H. Bray Brown, C. Buck Burton Carlisle Carr Carrell Castleberry Coleman Collins, M. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey
Dollar
Duke
Egan
Elliott
Ellis
Farrar

Floyd, J. H. Fraser Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hill, G. Horton, G. T. Horton, W. L. Hutchinson Irvin, R. Jessup Johnson Jones Jordan King Knight Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Marcus
Mason
Matthews, C.
McDonald
Miles
Morgan
Moyer

Mullinax Murphy Nessmith Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Sams Savage Smith, J. R. Smith, V. B. Strickland Thomason Thompson Toles Townsend Tucker Vaughn Waddle Walker Wall Ware
Wheeler, Bobby
Whitmire
Williams
Willis
Wilson, M. L.
Wood

896

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Brantley, H. L. Busbee Clark Collins, S. Dorminy Ezzard Gignilliat
Hill, B. L.

Howard Howell Irwin, J. R. McCracken McKinney Mulherin Noble

Northcutt Pearce Phillips, L. L. Shepherd Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 46, nays 112.

The amendment was lost.

The following amendment was read:
Mr. Cole of the 6th moves to amend HB 2 by striking the number ""290000"". on line 20 of Page 15 and inserting in lieu thereof the number

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

Those voting in the affirmative were Messrs.:

Adams, Marvin Alexander, W. H.
Alexander, W. M. Atherton Bohannon Bond Bostick Brown, B. D. Burruss
Clark Cole
Dean, Gib
Dixon Duke

Farrar Floyd, L. R.
Foster Grantham Hays Horton, G. T. Horton, W. L. Howell Hudson
Hutchinson Kreeger
Lane, Dick
Lee, W. S. Milford

Odom Patten, G. C.
Peters Rainey Ross Russell, W. D. Shanahan Smith, J. R. Smith, V. B.
Snow Stephens
Turner
Twiggs Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D.
Adams, J. H. Adams, Jobn

Bailey
Beckham Bennett, J. T.

Berlin
Berry Blackshear

MONDAY, FEBRUARY 19, 1973

897

Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Carr Carrell Castleberry Chance Coleman Coiling, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Dorminy Edwards Egan Elliott Ellis Evans Floyd, J. H. Fraser Geisinger Grahl Greer Groover

Harden Harrington Harris, J. F. Harris, J. R. Harrison Hill, G. Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald Miles Morgan Moyer Mullinax Murphy

Nessmith Oxford Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Sams Savage Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Vaughn Waddle Walker Wall Wheeler, Bobby Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Brantley, H. L. Busbee Collins, S. Dean, J. E. Ezzard Gignilliat Hamilton Hawes Hill, B. L.

Howard Irwin Keyton McCracken McDaniell McKinney Mulherin Nix

Noble Northcutt Pearce Shepherd Wamble Ware, J. C. Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 42, nays 112.

The amendment was lost.

898

JOURNAL OP THE HOUSE,

The following amendment was read:

Mr. Jordan of the 58th moves to amend HB 2 by striking on page 25 after (b) all the words on lines 13-14-15-16 and on line 17 the following
words:

"Provided for in this Act; but"

and

capitalizing the word "any".

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, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bond Bostick Brown, B. D. Burruss Clark Cole Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Dollar Dorminy Duke

Egan Evans Farrar Floyd, L. R. Foster Geisinger Grahl Grantham Hamilton Harris, J. R. Hawes Hays Hill, G. Horton Howard Howell Hudson Hutchinson Irvin, R. Jordan

Knight Kreeger
Lee, W. S. Marcus Milford Mullinax
Murphy Nix Odom
Patten, G. C. Russell, W. D. Shanahan Smith, V. B.
Snow Stephens Turner Walker Wheeler, Bobby Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, John Alien
Bailey Beckham Bennett Berlin Berry Blackshear
Bohannon Brantley, H. H.

Bray Brown, C. Brown, S. P. Buck Burton Carlisle
Carr Carrell Castleberry
Chance

Coleman
Collins, M. Colwell
Coney Connell Daugherty Davis, E. T. Dent
Dickey Edwards

MONDAY, FEBRUARY 19, 1973

899

Elliott Ellis Floyd, J. H. Fraser Greer Groover Harden Harrington Harris, J. F. Harrison Horton, W. L. Irvin, J. Jessup Johnson Jones King Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis

Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDonald Miles Morgan Moyer Nessmith Oxford Patten Patterson Peters Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Ross Rush

Russell, J. Sams Savage Smith, J. R. Strickland
Sweat Thomason Thompson Toles Townsend Triplett
Tucker Twiggs Vaughn Waddle Wall Ware Wheeler, J. A. Whitmire
Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Brantley, H. L. Busbee Collins, S. Ezzard Gignilliat Hill, B. L. Irwin, J. R.

Keyton McCracken McDaniell McKinney Mulherin Noble Northcutt

Pearce Phillips, L. L. Rainey Shepherd Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 59, nays 101.

The amendment was lost.
The following amendment was read: Mr. Keyton of the 121st moves to amend HB 2 by deleting the word
"municipalities" from line 745 on page 23 and the words "and all municipalities" from line 747 on page 23.

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

900

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, J. H. Alexander, W. H. Alexander, W. M. Atherton
Bond Bostick Brown, B. D. Brown, S. P. Burruss Chance Cole Collins, M. Dean, Gib Dean, J. E. Dean, N. Dorminy Egan Elliott

Ellis Farrar Foster Geisinger Grantham Hawes Hays Howard Howell Hudson
Hutchinson Irvin, R. Keyton Kreeger Lee, W. S. Marcus Matthews, D. R. Milford

Murphy Odom Patten Peters Rainey Ross Shanahan Smith, J. R.
Smith, V. B. Snow Stephens Thomason Triplett Turner Wheeler, Bobby Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Bailey Beckham Bennett, J. T. Berlin Berry Blackshear Bohannon Brantley, H. H. Bray Brown, C. Buck Burton Carlisle Carr Carrell Castleberry Clark Coleman Colwell
Coney Connell Daugherty Davis, E. T. Davis, W. Dent Dickey Dixon Dollar

Duke Edwards Evans
Floyd, J. H. Floyd, L. R. Fraser Grahl
Greer Groover Hamilton
Harden Harrington Harris, J. F. Harris, J. R. Harrison Hill, G.
Horton Irvin, J. Jessup Johnson Jones Jordan King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Le vitas Lewis

Logan Lowrey Mason Matthews, C. Mauldin McDonald Morgan Moyer Mullinax Oxford Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Savage Strickland Sweat Thompson
Toles Townsend Tucker Twiggs

Vaughn Waddle Walker Wall

MONDAY, FEBRUARY 19, 1973

901

Ware Wheeler, J. A. Whitmire Williams

Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Brantley, H. L. Busbee Collins, S. Ezzard Gignilliat Hill, B. L. Horton, G. T.

Irwin, J. R. McCracken McDaniell McKinney Miles Mulherin Nessmith

Nix Noble Northcutt Pearce Shepherd Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 52, nays 107.

The amendment was lost.

The following amendment was read:
Mr. Peters of the 2nd moves to amend HB 2 by striking the words "or transmission" on line 19, 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.:

Adams, J. H. Alexander, W. M. Alien Atherton Burruss Chance Cole Dean, Gib Dorminy Duke Foster
Grantham

Hawes Hays Howell Hudson Hutchinson Kreeger Lee, W. S. Nix Odom Peters Rainey

Ross Russell, W. D. Shanahan Shepherd Smith, V. B. Snow Stephens Triplett Turner Wheeler, Bobby Wilson, J. M.

902

JOUENAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.
Bailey Beckham Bennett Berlin Berry Blackshear Bohannon
Bond Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Carlisle
Carr Carrell Castleberry Clark Coleman Collins, M. Colwell
Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dickey Dixon Dollar Edwards Egan Elliott Ellis Evans Farrar Ployd, J. H.

Floyd, L. R. Praser Geisinger Grahl Greer Groover Hamilton Harden Harrington Harris, J. P. Harris, J. R. Harrison Hill, G. Horton, G. T. Horton, W. L. Irvin, J. Irwin, R. Jessup Johnson Jones Jordan Keyton King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald Miles

Milford Morgan Moyer Mullinax Murphy Nessmith Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Sams Savage Smith, J. R. Strickland Sweat Thomason Thompson Toles Townsend Tucker Twiggs Vaughn Waddle Walker Wall Ware Whitmire Williams Willis, R. T. Wilson, M. L. Wood

Those not voting were Messrs. :

Bostick Brantley, H. L. Brown, B. D. Busbee Collins, S. Dean, J. E. Dent Ezzard

Gignilliat Hill, B. L. Howard Irwin, J. R. McCracken McDaniell McKinney

Mulherin Noble Northcutt Pearce Wamble Wheeler, J. A. Mr. Speaker

MONDAY, FEBRUARY 19, 1973

903

On the adoption of the amendment, the ayes were 34, nays 124.

The amendment was lost.

The following amendment was read:
aMr. Egan of the 25th moves to amend HB 2 by putting a period after the word "necessity" on line 1, page 7 and striking the remainder of line 1 and all of lines 2, 3, 4 and 5 on said page 7.

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, J. H. Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bond Brown, S. P. Burruss Carlisle
Cole
Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Duke Egan Elliott

Evans Farrar Floyd, L. R. Foster Geisinger Grantham Hamilton Harris, J. F. Harris, J. R. Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, R. Johnson Knight Kreeger

Lane, Die k Larsen, G. K. Lee, W. J. (Bill)
Lee, W. S. Marcus Mullinax
Odom Peters Ross Russell, W. D.
Sams Shanahan Shepherd
Smith, V. B. Snow Stephens Townsend Walker Ware Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alien Bennett Berlin Berry Blackshear Bohannon Brantley, H. H. Bray

Brown, C. Buck Burton Carr Carrell Castleberry Chance Clark Coleman Collins, M.

Colwell Coney Connell
Davis, E. T. Dickey
Dollar Dorminy Edwards Ellis Floyd, J. H.

904
Fraser Grahl Groover Harden Harrington Harrison Hill, G. Irvin, J. Jessup Jones Jordan King Lambert Lane, W. J. Larsen, W. W. Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R.

JOURNAL OF THE HOUSE,

Mauldin McDonald Miles Milford Morgan Mover Murphy Nessmith Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J.

Savage Smith, J. R. Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson Wood

Those not voting were Messrs.:

Bostick Brantley, H. L. Brown, B. D. Busbee Collins, S. Dent Dixon Ezzard

Gignilliat
Greer Hill, B. L. Irwin, J. R. Keyton McCracken McDaniell
McKinney

Mulherin
Nix Noble Northcutt Pearce Rainey Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 61, nays 95.

The amendment was lost.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H.

Adams, John Adams, Marvin

Alien Beckham

MONDAY, FEBRUARY 19, 1973

905

Bennett Berlin Berry Bohannon Bostick Brantley, H. H. Bray Brown, C. Buck Burton Carlisle Carr Carrell Castleberry Clark Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Edwards Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Fraser

Greer Groover Harden Harrington Harris, J. R. Harrison Hutchinson Irvin, J. Jessup Jones Keyton King Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Murphy Nessmith Oxford Patten, R. L.

Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Sams Shepherd Smith, J. R. Sweat Thomason Thompson Toles Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Alexander, W. H.' Alexander, W. M. Atherton Bailey Blackshear Bond Brown, B. D. Brown, S. P. Burruss Chance Cole Dean, Gib Dean, J. E. Dixon Dorminy Duke Egan

Farrar
Foster Geisinger Grahl
Grantham Harris, J. F. Hawes
Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson
Irvin, R. Johnson Jordan

Knight Kreeger Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Marcus McKinney
Mullinax Nix Odom Patten, G. C. Peters Rainey Ross Russell, W. D. Savage

906
Shanahan Smith, V. B. Snow

JOURNAL OF THE HOUSE,

Stephens Strickland Turner

Wheeler, Bobby Wilson, J. M.

Those not voting were Messrs. :

Brantley, H. L. Busbee Collins, S. Ezzard Gignilliat Hamilton

Hill, B. L. Irwin, J. R. McCracken Mulherin Noble

Northcutt Pearce Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 106, nays 58.

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

Messrs. Hutchinson of the 114th and Shepherd of the 28th stated that they had each voted inadvertently and had intended to vote "nay" on the passage of HB 2, as amended.

Mr. Atherton of the 19th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 2, as amended.

Mr. Gignilliat of the 105th requested that he be permitted to abstain from voting on HB 2, as amended, because of a conflict of interest.

Mr. Hudson of the 115th arose to a point of personal privilege and addressed the House.
Mr. Irwin of the 113th requested that the following appear in the Journal:
The Honorable John R. Irwin of the 113th respectfully requests a leave of absence for February 19, 20, 21st due to the illness and surgery of his wife.
Mr. Connell of the 80th 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 20, 1973

907

Representative Hall, Atlanta, Georgia Tuesday, February 20, 1973

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

The following prayer was offered by Rev. John M. Clements, Pastor, Calvary United Methodist Church, Swainsboro, Georgia:
Our Father,
We approach Thee this morning in the name of Your Son, Jesus. Thy very name means Ruler, Governor, Authority, and Law-giver. We thank Thee for the night's rest and your gift of present strength for today's needs.
We thank Thee for these men to whom you have given unusual personality traits, leadership talents, and sense enough to help run this State in which You have privileged us to live. We pray for each man. May each one be committed to Christian righteousness. Bless the family of each man. Certainly some are in special need; we ask that You meet these needs according to Your will.
We pray for the people of Georgia whom these men represent. May we be a people who expect Godliness and brotherly love from our elected representatives. Save us from the corruption of bribes and special favors. Help us all to do unto others as we would they do unto us, thereby truly loving our neighbor as ourselves.
We humbly ask Thee to bless and help these men in this, their day's work, in the name of the Father, the son, and the Holy Spirit.
AMEN.

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

Mr. Mauldin of the 13th, Chairman of the Committee on 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.

908

JOURNAL OF THE HOUSE,

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 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 758. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the office of county treasurer for the County of Webster, 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 759. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the office of County tax commissioner of Webster County, so as to change the com pensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legistation.
HB 760. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to abolish the present mode of compen sating the Ordinary of Webster 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 761. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the office of

TUESDAY, FEBRUARY 20, 1973

909

Commissioner of Webster 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 762. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Lumpkin, so as to eliminate the prohibitions against the use of funds of the City to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 763. By Mr. Lee of the 114th:
A Bill to be entitled an Act to amend Code Section 26-506, relating to multiple prosecutions for same conduct, so as to provide that when several crimes arising from the same conduct are prosecuted in a single prosecution, a verdict or verdicts of not guilty shall not affect the legality of a verdict of guilty of any other crime; and for other purposes.
Referred to the Committee on Judiciary.

HB 764. By Messrs. Beckham of the 82nd, Miles of the 79th, Dent of the 78th, Connell of the 80th, Mulherin of the 81st and Sams of the 83rd:
A Bill to be entitled an Act to provide for a board of elections in certain counties (population of not less than 145,000 and not more than 165,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 765. By Messrs. Lewis and McCracken of the 77th, Nessmith and Lane of the 76th:
A Bill to be entitled an Act to provide for the method of appointing successors to the present members of the Burke County Hospital Au thority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 766. By Messrs. Colwell and Twiggs of the 4th:
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

910

JOURNAL OF THE HOUSE,

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 767. By Messrs. Rogers and Harden of the 128th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Glynn County upon an annual salary, so as to provide for additional personnel within the sheriff's office; to change the compensation of the sheriff and certain personnel within the sheriff's office; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 768. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, so as to increase the salaries of the clerk and the deputy clerks; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 769. By Messrs. Rogers and Harden of the 128th:
A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, so as to provide for the number and selection of jurors in said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 770. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Metter, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 771. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Butts 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.

TUESDAY, FEBRUARY 20, 1973

911

HB 772. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Butts County, so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 773. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
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 compen sation, so as to change the provisions relating to deputy sheriffs; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 774. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating the Board of commissioners for Butts County, so as to change the method of selecting a chairman of said board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 775. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 776. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Tal bot County on an annual salary, so as to change the expense allowance of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 200-776. By Mr. Bray of the 66th:
A Resolution authorizing the conveyance of certain real property lo cated in Meriwether County; and for other purposes.
Referred to the Committee on State Institutions & Property.

912

JOURNAL OF THE HOUSE,

HB 777. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to provide for a board of elections in certain counties (population of not less than 66,000 and not more than 73,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 778. By Mr. Noble of the 48th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, so as to authorize and direct the Board of Natural Resources to promulgate rules and regulations governing the outer clothing to be worn by persons hunting; and for other purposes.
Referred to the Committee on Recreation.

HB 779. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to the qualifications for mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 201-779. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the judge and district attorney of the Superior Court of the Gwinnett Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 780. By Messrs. Walker of the 100th, Moyer of the 99th and Waddle of the 98th:
A Bill to be entitled an Act to provide for a board of elections in certain counties (population of not less than 60,000 and not more than 65,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 781. By Messrs. Dorminy and Rainey of the 115th, Nessmith and Lane of the 76th and Hutchinson of the 114th:
A Bill to be entitled an Act to amend Code Section 92-111, relating to ad valorem tax for sinking fund for retirement of State bonds and to

TUESDAY, FEBRUARY 20, 1973

913

meet appropriations, so as to reduce the aggregate State ad valorem property tax levy to 0 mills; and for other purposes.
Referred to the Committee on Ways and Means.

HB 782. By Mr. Lee of the 68th:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to au thorize volunteer firemen to operate certified emergency private motor vehicles with flashing or revolving red lights; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 783. By Messrs. Nessmith of the 76th, Collins of the 122nd, Lowrey of the 15th, Lane of the 76th, Lewis of the 77th, Mauldin and Milford of the 13th, Brantley of the 92nd, Jordan of the 58th, Floyd of the 5th and Egan of the 25th:
A Bill to be entitled an Act to provide the procedure for showing the number of copies and approximate cost of certain printings; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 784. By Messrs. Howard of the 19th, Pinkston of the 89th, Groover of the 75th, Williams of the 9th, Bostick of the 123rd, Lane of the 76th, Snow of the 1st, Kreeger of the 21st, Duke, McDaniell and Nix of the 20th and Hays of the 1st:
A Bill to be entitled an Act to repeal Chapter 61-4 of the Code; to pro vide that landlords shall have power to distrain for rents; to provide procedure for distress warrant applications; to provide payment of rent as a defense to distress warrant proceedings; to provide for execution and levy of distress warrant upon goods and property; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 785. By Messrs. Jones of the 109th, Alien of the 108th, Triplett of the lllth, Gignilliat of the 105th, Ellis of the 107th, Chance of the 112th and Blackshear of the 106th:
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 nine commissioners of Chatham County and ex officio judges, one of whom shall be the chairman thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

914

JOURNAL OF THE HOUSE,

HB 786. By Messrs. Evans, Coney, Brown and Pinkston of the 89th:
A Bill to be entitled an Act to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official, department or agency head must be introduced in the General Assembly during the first ten days, so as to provide for exceptions; and for other purposes.
Referred to the Committee on Retirement.

HB 787. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen, so as to delete the provisions authorizing the Board of Commissioners to fix their compensation and to establish in lieu thereof the compensation to include the Mayor and Vice Mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 788. By Messrs. Adams of the 36th and Lane of the 40th:
A Bill to be entitled an Act to provide that in certain counties of this State (population of 600,000 or more) the governing authority of such counties shall have the right to impose additional taxes upon the sale of alcoholic beverages; to provide that such tax shall be in addition to all other taxes now authorized by law; and for other purposes.
Referred to the Committee on Ways and Means.

HB 789. By Mr. Adams of the 84th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, so as to provide that all elections in said city shall be conducted in conformity with the Georgia Municipal Election Code; to change the terms of office of the Mayor and Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 790. By Mr. Davis of the 56th:
A Bill to be entitled an Act to amend an Act providing for a board of elections in certain counties of this State (population of more than 400,000 and less than 600,000), so as to change certain provisions relative to said Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 20, 1973

915

HB 791. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend "An Act to amend the Charter of the Town of Athens", so as to provide a Civil Service Commission for the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 792. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to authorize and empower the Mayor and Council of the City of Athens to own, maintain, control, and operate a public trans portation system in the City of Athens; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 793. By Messrs. Matthews, Russell and Logan of the 62nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Winterville, so as to empower the mayor and council of said city to elect such person as they deem desirable to preside over the police court established by said city and to impose fines and imprison offenders for breaking the laws and ordinances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 794. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Duke and Nix of the 20th, Atherton of the 19th and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to au thorize the judges of said judicial circuit to employ full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking down of criminal felony cases; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Leigslation.

HB 795. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Nix and Duke of the 20th, Atherton of the 19th and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to authorize the judges of said state court to em ploy full time official court reporters; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

916

JOURNAL OF THE HOUSE,

HB 796. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Burruss of the 21st, Murphy of the 18th and Atherton of the 19th:
A Bill to be entitled an Act to provide that the Commissioner of Paulding County may establish fire prevention districts; to provide for an election for a determination as to a tax levy in such districts; to provide for a referendum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 797. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Burruss of the 21st, Murphy of the 18th and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Paulding County, so as to carry out the purpose of the amendment to Article XV, Section II of the Constitution; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 798. By Messrs. Kreeger of the 21st, Howard, Wilson and Atherton of the 19th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dallas in the County of Paulding, so as to change the powers of the officer of the recorder's court with respect to penalties, contempt provisions and court costs; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 799. By Mr. Rainey of the 115th:
A Bill to be entitled an Act authorizing the Commissioner of the Depart ment of Natural Resources to appoint conservation rangers; and for other purposes.
Referred to the Committee on Recreation.

HB 800. By Messrs. Coney, Berlin, Brown and Dickey of the 89th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to increase the interest rate for computing the minimum reserves for life insurance and annuity contracts; and for other purposes.
Referred to the Committee on Insurance.

HB 801. By Mr. Miles of the 79th: A Bill to be entitled an Act to provide that it shall be the policy that

TUESDAY, FEBRUARY 20, 1973

917

national banks and banking associations, federal savings and loan as sociations and loan associations shall be taxed in the same manner as banks organized and chartered under the laws of Georgia and that both shall be taxed in the same manner as other organized for profit; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 802. By Mr. Connell of the 80th:
A Bill to be entitled an Act creating a board of commissioners of Rich mond County, so as to provide a penalty for the violation of regulations relating to animal control; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 803. By Mr. Connell of the 80th:
A Bill to be entitled an Act to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to provide that any elected official may request that his employees be placed under said merit system; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 804. By Mr. Brown of the 34th:
A Bill to be entitled an Act to amend an Act granting to the incorporated municipalities of this State having certain populations (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.

HR 203-804. By Mr. Rainey of the 115th:
A Resolution compensating Mr. Newel N. Thombley; and for other purposes.
Referred to the Committee on Appropriations.

HB 805. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize any incorporated municipality to impose, levy and collect an excise tax on the sale of meals, so as to delete therefrom any prohibition against imposition, levy and collection of any such excise tax; and for other purposes.
Referred to the Committee on Ways and Means.

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HB 806. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect certain excise taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 807. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect an excise tax on the sale of tickets or other ad mission charges made by any person for events produced for public amusement; and for other purposes.
Referred to the Committee on Ways and Means.

HB 808. By Messrs. Irvin of the 23rd, Larsen of the 27th and Russell of the 53rd:
A Bill to be entitled an Act to amend the "Revenue Bond Law", so as to expand the definition of "undertaking" to include systems, plants, works, instrumentalities and properties used or useful in connection with the collection, treatment, reuse or disposal of solid waste; and for other purposes.
Referred to the Committee on Industry.

HB 809. By Mr. Fraser of the 117th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the sheriff, full-time deputy sheriffs, and the clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 810. By Mr. Fraser of the 117th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment and terms of office of members of the Liberty County Industrial Authority, so as to provide that said Board shall be authorized to levy and collect annual ad valorem tax not exceeding 2 mills for developing and promoting industry; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 811. By Messrs. Irvin of the 23rd, Larsen of the 27th, Hawes of the 43rd, Geisinger of the 44th and Alexander of the 39th:
A Bill to be entitled an Act to amend the "Solid Waste Management

TUESDAY, FEBRUARY 20, 1973

919

Act", so as to authorize the Director of the Division of Environmental Protection to apply to the superior courts of this State for certain injunctive relief; and for other purposes.
Referred to the Committee on Natural Resources.

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

HB 738. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating the State Court of Sumter County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 739. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Sumter County upon an annual salary, so as to change the compensa tion of the Ordinary; and for other purposes.

HB 740. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the treasurer of Sumter County, so as to change the compensation of the Treasurer; and for other purposes.

HB 741. By Mr. Dixon of the 126th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the sheriff and ordinary of Charlton County from a fee to a salary basis, so as to change the provisions relative to the compensa tion of the clerk of the ordinary; and for other purposes.

HB 742. By Messrs. Colwell and Twiggs of the 4th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Rabun County, so as to remove the limit of compen sation for the Supervisor of Roads; and for other purposes.

HB 743. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act incorporating the City of Cornelia, so as to change the compensation of the mayor and the com missioners; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 744. By Messrs. Dixon of the 126th and Odom of the 114th:
A Bill to be entitled an Act to amend Code Chapter 40-19, relating to the Supervisor of Purchases, so as to authorize the Commissioner to procure fidelity bonds covering State employees except such bonds of elected State Officers or other officers required to give a special bond; and for other purposes.

HB 745. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the coroner of Habersham County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 746. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville, so as to authorize the Mayor and Council to close a portion of Hoyt Circle; and for other purposes.

HB 747. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board, so as to provide that area planning and development commissions shall prepare and adopt comprehensive development guides for their areas; and for other purposes.

HB 748. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend Code Chapter 56-24, relating to insurance contracts in general, so as to require 30 days' notice to be given before cancellation or refusal to renew an insurance policy; and for other purposes.

HB 749. By Messrs. Snow of the 1st, Howard of the 19th, Morgan of the 70th, Shanahan of the 7th, Walker of the 100th, Murphy of the 18th, Lee of the 114th, Hays of the 1st, Matthews of the 62nd, Nix of the 20th, Lam bert of the 97th and Roach of the 8th:
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 750. By Mr. Cole of the 6th:
A Bill to be entitled an Act to authorize municipal corporations and counties to levy and impose certain excise taxes; to provide for the

TUESDAY, FEBRUARY 20, 1973

921

procedures connected therewith; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes; and for other purposes.

HB 751. By Mr. Hill of the 110th, Mrs. Clark of the 55th, Messrs. Horton of the 43rd, Bond of the 32nd, Alexander of the 38th, Wall of the 61st and others.
A Bill to be entitled an Act to amend an Act known as the "Georgia Minimum Wage Law", so as to change the provisions relative to em ployers excluded from said Act; to provide that said Act shall apply to employers of domestic employees; and for other purposes.

HB 752. By Messrs. Larsen of the 27th, Stephens of the 37th, Willis of the 119th, Moyer of the 99th, Lane of the 40th and Floyd of the 56th:
A Bill to be entitled an Act to amend Code Section 68-221, relating to licensure and registration of motor vehicles by nonresidents, so as to change the period of time in which certain nonresidents may operate a motor vehicle on the public streets and highways without having to register and obtain a license; and for other purposes.

HB 753. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Youthful Offender Act of 1972", so as to provide for the establishment of community rehabilitation centers to assist in the rehabilitation and custodial care of youthful offenders in a neighborhood and family en vironment; and for other purposes.

HB 754. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Title 24A, so as to provide for the establishment of community rehabilitation centers to assist in the rehabilitation and custodial care of delinquent and unruly children in a neighborhood and family environment; and for other purposes.

HB 755. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Jekyll Island-State Park Authority Act", so as to empower the Authority to adopt, after or repeal its own by-laws and to transact its business by a majority vote of its members present and voting at any of its regular, special or adjourned meetings; and for other purposes.

HB 756. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to provide for a Georgia Wild and Scenic Rivers System; and for other purposes.

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HB 757. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Title 56, known as the Georgia Insurance Code, so as to provide for certain requirements for automobile liability insurance coverage; and for other purposes.

SR 33. By Senator Reynolds of the 48th:
A Resolution to amend a Resolution relating to architectural and en gineering firms doing business with the State approved March 20, 1970, so as to exempt certain contracts of the Department of Transportation and the State Tollway Authority from said Resolution; and for other purposes.

SB 64. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to correct the numbering of subsection (13) of Section 3; to make and clarify provisions relative to certain persons who were serving as messenger or Doorkeeper of either of the two Houses; and for other purposes.

SB 130. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, and Treasurer of the State Highway Depart ment, so as to provide for the venue and service of suits by or against the Department of Transportation; and for other purposes.

SB 136. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowance of members of the General Assembly, so as to increase the per diem expense allowance of certain members; and for other purposes.

SB 140. By Senators Reynolds of the 48th:
A Bill to be entitled an Act to provide a new Code of Public Transpor tation; to revise, classify, consolidate, and repeal Title 95, Code of Geor gia, as amended; and for other purposes.

SB 160. By Senator Cox of the 21st:
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 require that fingerprints be furnished to ascertain any criminal activity for a period of two years immediately prior to the date of ap plication; and for other purposes.

TUESDAY, FEBRUARY 20, 1973

923

SB 161. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for license and excise taxes upon the business of dealing in malt beverages"; to allocate funds derived from such taxes; and for other purposes.

SB 180. By Senators Lester of the 23rd and Kidd of the 25th:
A Bill to be entitled an Act to enact the Interstate Compact on Mental Health; and for other purposes.

SB 185. By Senators Lester of the 23rd and Doss of the 52nd:
A Bill to be entitled an Act to amend Code Chapter 88-25, relating to mental retardation, so as to recognize and expressly protect the rights of any person admitted under said Chapter; and for other purposes.

SB 186. By Senators Lester of the 23rd and Doss of the 52nd:
A Bill to be entitled an Act to amend Code Chapter 88-24, relating to rights of certain State employees, so as to extend compensation to em ployees of institutions operated by the Department of Human Resources for certain personal property losses sustained through patient action; and for other purposes.

SR 5. By Senators Starr of the 44th, Hamilton of the 26th, McDuffie of the 19th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption of $5,000 from all ad valorem taxation for State, county and county school purposes except ad valorem taxation to pay interest on and retire bonded indebtedness; and for other purposes.

Mr. Lee of the 68th District, Chairman of the Committee on Industry, sub mitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 543. Do Pass. HB 632. Do Pass. HB 700. Do Pass.

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HB 703. Do Pass. SB 160. Do Pass. SB 161. Do Pass.

Respectfully submitted, Moyer of the 99th, Secretary.

Mr. Colwell of the 4th District, Chairman of the Committee on State Insti tutions and 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 recommendatoins:
HB 723. Do Pass. HB 79. Do Pass, by Substitute.
Respectfully submitted, Toles of the 16th, Secretary.

Mr. Levitas of the 50th 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 the same back to the House with the following recommendations:
HB 249. Do Pass, by Committee Substitute. HB 523. Do Pass, by Committee Substitute.
Respectfully submitted, Knight of the 65th, Secretary.

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 and House, to-wit:

TUESDAY, FEBRUARY 20, 1973

925

SB 40. By Senators Zipperer of the 3rd and Jackson of the 16th:
A Bill to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, as amended, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act.

SB 41. By Senators Zipperer of the 3rd and Jackson of the 16th:
A Bill to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, as amended, so as to reduce the number of years which a member must have in order to be retired by the board of trustees on disability.

SB 187. By Senators Henderson of the 33rd and Moore of the 56th:
A Bill to amend an Act creating the State Court of Cobb County, as amended, so as to create an office of magistrate; to provide for other matters relative to the foregoing.

SB 219. By Senator Cox of the 21st:
A Bill to incorporate cities having certain populations in certain coun ties of this State.

HB 29. By Mr. Phillips of the 103rd:
A Bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the provisions relative to the county clerk.

HB 30. By Mr. Phillips of the 103rd:
A Bill to amend an Act providing an annual salary for the sheriff of Wheeler County in lieu of the fee system of compensation, so as to change the provisions relative to the salary of the sheriff.

HB 31. By Mr. Phillips of the 103rd:
A Bill to amend an Act providing for the yearly compensation for the Ordinary of Wheeler County, in addition to fees, so as to provide for a clerk for said Ordinary.

HB 66. By Messrs. Howell of the 118th, Hutchinson, Busbee of the 114th and others:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Calhoun County into the office of Tax Commissioner,

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so as to provide an annual salary for the Tax Commissioner of Calhoun County in lieu of the fee system of compensation.

HB 180. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A Bill to provide for the number of members of the County Board of Edu cation of Pulaski County.

HB 242. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A Bill to amend an Act creating a board of commissioners of roads and revenues in the County of Chattahoochee, and creating in lieu thereof a new board of commissioners of roads and revenues for said county, so as to change the compensation of the clerk of the Board of Com missioners.

HB 243. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A Bill to amend an Act abolishing the office of tax collector and tax receiver and creating the office of Tax Commissioner of Chattahoochee County, so as to change the compensation of said tax commissioner.

HB 262. By Messrs. Cole and Foster of the 6th:
A Bill to amend an Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for cer tain officers and employees of said City, so as to correct certain in equities in the plan.

HB 296. By Mr. Morgan of the 70th:
A Bill to authorize the Board of Commissioners of Newton County, to levy, assess and collect a license fee from any person, firm or cor poration who maintain a place of business in any area outside the in corporated limits of municipalities.

HB 387. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th, and others:
A Bill to amend the Charter of Columbus to apply homestead exemp tions to Urban Services District taxes.

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

HB 225. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A Bill to repeal and replace the charter of the City of Thomson, as amended, so as to create a new charter for said city.

TUESDAY, FEBRUARY 20, 1973

927

HB 388. By Mr. Smith of the 91st:
A Bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes imposed the purchase outside this State of objects of art and other similar property by museums for display in such museums.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 59-178. By Mr. Irvin of the 10th: A Resolution authorizing the lease of a certain tract of State-owned property located in Stephens County.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 15. By Senators Kidd of the 25th, Hamilton of the 26th, Hudgins of the 15th, and others:
A Bill to amend an Act creating the office of Georgia Safety Fire Com missioner as amended, so as to change the provisions relating to build ings and structures which constitute a special hazard on account of fire.

SB 25. By Senators Webb of the llth, London of the 50th, and Johnson of the 38th:
A Bill to amend Code Section 27-405, providing that the courts of in quiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement, as amended, so as to abolish the right of the accused in criminal trials to make an unsworn statement.

SB 48. By Senator Johnson of the 38th:
A Bill to repeal Chapter 74-3 of the Code of Georgia relating to bastardy proceedings and to amend Code Section 74-9902, so as to pro vide that in such cases the father of an illegitimate child shall be re quired to pay the mother's medical expenses incurred in the birth of such child.

SB 73. By Senators McGill of the 24th, McDuffie of the 19th and Ballard of the 45th:
A Bill to amend Code Chapter 73-2, relating to the inspection and sale of gasoline, kerosene and other petroleum products, as amended, so as to provide for civil penalties for the violation of certain laws.

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JOURNAL OF THE HOUSE,

SB 86. By Senators Stephens of the 36th and Johnson of the 38th:
A Bill to amend Code Section 26-1704, so as to add a section to provide that a dishonored check bearing stamp impressions, writings, attach ments or memorandum of the drawee shall be prima facie evidence against the drawee.

SB 87. By Senator Stephens of the 36th:
A Bill to amend Code Section 26-2610, by striking subsection A from said Code Section 26-2610, in its entirety, and substituting another Subsection A which prevents obscene words which tend to cause a fight or to deride, offend, or annoy a person or prevent him from pursuing his lawful business or occupation.

SB 91. By Senators Stephens of the 36th and Johnson of the 38th:
A Bill to amend Code Section 9-9903, relating to punishment of unlaw ful practice of law, so as to change the provisions relative to such punishment.

SB 158. By Senator Holley of the 22nd:
A Bill to amend Code Chapter 56-13, relating to fees and taxes relative to insurance, as amended, so as to provide that the Insurance Commis sioner shall promptly pay all fees and licenses and taxes collected under Code Section Chapter 56-13 into the State Treasury in accordance with Code Section 56-228.

SB 59. By Senators Lester of the 23rd, Hudgins of the 15th, Kidd of the 25th, and others:
A Bill to provide for the protection of life from smoke, fire, explosion or panic caused from the fear of fire in high-rise buildings.

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

SB 15. By Senators Kidd of the 25th, Hamilton of the 26th, Hudgins of the 15th and others:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to change the provisions relat ing to buildings and structures which constitute a special hazard on ac count of fire; and for other purposes.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 20, 1973

929

SB 25. By Senators Webb of the llth and 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 sub mitted by either party, and shall permit the defendant to make his own statement, 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.

SB 40. By Senators Zipperer of the 3rd and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the pro visions of this Act; and for other purposes.
Referred to the Committee on Retirement.

SB 41. By Senators Zipperer of the 3rd and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, so as to reduce the number of years which a member must have in order to be retired by the board or trustees on disability; and for other purposes.
Referred to the Committee on Retirement.

SB 48. By Senator Johnson of the 38th:
A Bill to be entitled an Act to repeal Chapter 74-3 of the Code of Geor gia relating to bastardy proceedings and to amend Code Section 74-9902, so as to provide that in such cases the father of an illegitimate child shall be required to pay the mother's medical expenses incurred in the birth of such child; and for other purposes.
Referred to the Committee on Human Relations.

SB 59. By Senators Lester of the 23rd, Hudgins of the 15th, Kidd of the 25th and others:
A Bill to be entitled an Act to provide for the protection of life from smoke, fire, explosion or panic caused from the fear of fire in high-rise buildings; and for other purposes.
Referred to the Committee on Industry.

SB 73. By Senators McGill of the 24th, McDuffie of the 19th and Ballard of the 45th:
A Bill to be entitled an Act to amend Code Chapter 73-2, relating to

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the inspection and sale of gasoline, kerosene and other petroleum prod ucts so as to provide for civil penalties for the violation of certain laws; and for other purposes.
Referred to the Committee on Industry.

SB 86. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-1704, so as to add a Section to provide that a dishonored check bearing stamp im pressions, writings, attachments or memorandum of the drawee shall be prima facie evidence against the drawee; and for other purposes.
Referred to the Committee on Judiciary.

SB 87. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-2610, by striking subsection A from said Code Section 26-2610, in its entirety, and substi tuting another Subsection A which prevents obscene words which tend to cause a fight, or to deride, offend, or annoy an person or prevent him from pursuing his lawful business or occupation; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 91. By Senator Stephens of the 36th:

A Bill to be entitled an Act to amend Code Section 9-9903, relating to punishment of unlawful practice of law, so as to change the provisions relative to such punishment; and for other purposes.

Referred to the Committee on Judiciary.

,

SB 158. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 56-13, relating to fees and taxes relative to insurance, so as to provide that the Insurance Commissioner shall promptly pay all fees and licenses and taxes col lected under Code Chapter 56-13 into the State Treasury in accordance with Code Section 56-228; and for other purposes.
Referred to the Committee on Insurance.

SB 187. By Senators Henderson of the 33rd and Moore of the 56th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to create an office of magistrate; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 20, 1973

931

SB 219. By Senator Cox of the 21st:
A Bill to be entitled an Act to incorporate cities having certain popula tions in certain counties of this State; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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 49. By Messrs. Lane of the 40th, Ellis of the 107th, Hudson of the 115th and others:
A Bill to be entitled an Act to regulate the private detective and private security business in this State; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to regulate the private detective and private security business in this State; to provide a short title; to define cer tain terms; to create the Georgia Board of Private Detective and Private Security Agencies; to provide for the secretary of such Board; to provide for appointments, expenses and meetings of the members of such Board; to provide for powers and duties of such Board; to provide for licenses for persons engaged in private detective and private security business; to provide for registration of employees; to provide for bonds; to provide for license and registration fees; to provide for qualifications; to provide for security on employer-employee basis; to provide for temporary employees; to provide for criminal identification through fingerprints; to provide permits for carrying firearms; to exclude the holders of such permits from certain provisions of Georgia law; to provide for arrest powers; to provide for suspension and revo cation of licenses; to provide for appeals; to provide for exceptions; to provide a penalty; to provide for the application of this Act; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short title.--This Act shall be known and may be cited as the Georgia Private Detective and Private Security Agencies Act.
Section 2. Definitions.--As used in this Act unless the context otherwise requires, the term:

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(a) "Board" means the Georgia Board of Private Detective and Security Agencies.

(b) "Private detective business" means engaging in the business of or accepting employment to obtain or furnish information with ref erence to:
(1) crimes or wrongs done or threatened against the United States of America or any state or territory thereof;
(2) the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, trans actions, acts, reputation or character of any person;
(3) the location, disposition or recovery of lost or stolen property;
(4) the cause or responsibility for fires, libels, losses, acci dents, damage or injury to persons or property; or
(5) the securing of evidence to be used before any court, board, officer or investigating committee.

Private detective business shall not include persons employed ex clusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employeremployees relationship unless the employer is in the detective business.

(c) "Private security business" means engaging in the business as or accepting employment as a private patrol, watchman or guard service, for consideration on a private contractual basis and not as an employee. Private security business shall not include persons employed exclusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employer-employees rela tionship unless the employer is in the private security business.

(d) "Person" includes individuals, firms, associations, companies, partnerships and corporations.

(e) "Joint-Secretary" means the Joint-Secretary, State Examining Boards.

Section 3. Board; composition; expenses; secretary; powers and duties.-- (a) There is hereby created a Georgia Board of Private De tective and Private Security Agencies. The Board shall consist of five members, each of whom shall be appointed by the Governor and con firmed by the Senate, to serve for a term of four years. The first ap pointees shall be appointed for terms of: two for two years, two for three years, and one for four years. Thereafter, all appointments shall be for a term of four years. Two members shall be engaged in the private security or private detective business and shall have at least four years' experience in such business immediately preceding their appointment. Two members shall be engaged in city, county or state law enforcement and shall have at least four years' experience in govern mental law enforcement immediately preceding his appointment. One

TUESDAY, FEBRUARY 20, 1973

933

member shall be appointed from the public at large. At the first meet ing of the Board held each year, the members shall elect a chairman to serve for one year. A majority of the board members shall constitute a quorum for all board business and, with the exception of hearings, may conduct business by conference telephone. The Governor may re move any member of the Board for neglect of duty, incompetence or other dishonorable conduct. After such removal or vacancy due to death or resignation, the Governor shall appoint a successor to serve the unexpired term. Appointees to the Board shall immediately after their ap pointment take and subscribe to a written oath or affirmation required by law for all public officers. The members of the Board shall receive $25.00 per day while performing their official duties, in addition to other expenses which may be provided by law The Joint-Secretary shall be secretary of the Board and, in addition to his duties as prescribed by Section 84-101 of the Code of Georgia, as amended, shall perform such other administrative duties as may be prescribed by the Board. All legal process and all documents required by law to be served upon or filed with the Board shall be served upon or filed with the Joint-Secretary at his office in Atlanta, Georgia. All official records of the Board, or affidavits by the Joint-Secretary as to the content of such records, shall be prima facie evidence of all matters required to be kept therein. All fees collected by the Joint-Secretary shall be applied to the expenses of the Board. All money received in excess of the expenses ordered to be paid under the provisions of this Act shall be held by the State Treasurer as a special fund for meeting the expenses of the Board.

(b) The board shall have the following powers and duties:
(1) determine the qualifications of applicants for licenses or registration under the provisions of this Act;
(2) investigate alleged violations of the provisions of this Act and any rules and regulations adopted by the Board;
(3) promulgate all rules and regulations necessary in carrying out the provisions of this Act;
(4) establish and enforce standards governing the safety and conduct of persons licensed and registered under the provisions of this Act.

Section 4. Licensure and registration of persons employed on the effective date of this Act.-- (a) Any person engaged in the private de tective or private security business in an individual, self-employed ca pacity on the effective date of this Act shall make a verified applica tion in writing to the Joint-Secretary for a license. The application for a license shall be made, under oath, on a form to be furnished by the Joint-Secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years and his present occupation with the names and addresses of employers, the date and place of conviction of any crime and such addi tional information as the Board requires. Each applicant shall submit with the application two complete sets of fingerprints on forms speci fied and furnished by the Board and two photographs, two inches wide by three inches high, taken within six months prior to the application. Upon receiving the application, the bond as provided in Section 6 and the license fee as provided in Section 7, the Board shall grant a license

934

JOURNAL OF THE HOUSE,

to such person to conduct such private detective business or private security business stated in such application. Such licensure shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. Immediately upon the receipt of the license certifi cate issued by the Board pursuant to this Act, the license shall post and at all times display such license in a conspicuous place at his place of business. A copy or duplicate of the license certificate shall be con spicuously posted at each branch office.

(b) Any person who is employed on the effective date of this Act by a person or corporation, which person or corporation is engaged in the private detective or private security business, and any person who is employed by a person or corporation to do private security work on the premises and in connection with the affairs of such employer only, shall make a verified application in writing to the Joint-Secretary for registration. The application for registration shall be made, under oath, on a form to be furnished by the Joint-Secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years and his present occupation with the names and addresses of employers, the date and place of con viction of any crime and such additional information as the Board re quires. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the Board and two photographs, two inches wide by three inches high, taken within six months prior to the application. Upon receiving the application and a registration fee of $7.50, the Board shall register the person and so notify the employer. The employer shall notify the Board within five days of the termination of employment of any registered employee. Such registration shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. Such person shall pay an annual registration fee of $7.50 with the renewal of such registration.

Section 5. Application for license; qualifications.-- (a) Except as provided in Section 4, any person or corporation desiring to carry on a detective business or private security business in this State shall make a verified application in writing to the Joint-Secretary for a license therefor.
(b) The Board may grant a license to any person or corporation meeting the following qualifications:
(1) That he is at least 18 years of age.
(2) That he is a citizen of the United States.
(3) That he is of good moral character.
(4) That he has not been convicted of a felony or some other crime involving moral turpitude.
(5) That he has not committed an act constituting dishonesty or fraud.
(6) That he has satisfied the Board that his private detective business or private security business has a competent training of ficer and an adequate training program with a curriculum approved

TUESDAY, FEBRUARY 20, 1973

935

by the Board or that adequate training will be obtained from another source.
(7) That he has had at least two years' experience as a private detective with a licensed detective agency, or two years' ex perience as a supervisor or administrator in industrial security or with a licensed private security agency, or at least two years' ex perience as a member of the Federal Bureau of Investigation, or as a member of any state, county or municipal police department, or in lieu thereof comply with such other requirements as the Board may by regulation fix.
If the applicant is a corporation, association or partnership, the person filing the application in behalf of such corporation, as sociation or partnership shall meet the qualifications set out herein for an individual applicant, and shall be an officer of such corpora tion, or member of such association or partnership.
(8) That he meets such other qualifications as the Board may by regulation fix.

(c) The application for a license shall be made in writing, under oath, on a form to be furnished by the Joint-Secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years and his present occupation with the names and addresses of employers, the date and place of conviction of any crime and such additional information as the Board requires to investigate the qualification, character, competency and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the Board and two photographs, two inches wide by three inches high, taken within six months prior to the application. The application shall contain such additional information and documentatation as the Board may require by regulation.

Section 6. Applicant to post bond.--Each applicant for a license shall post with the Board a bond in favor of the State with surety in the amount of ten thousand dollars. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this State and conditioned that the principal named therein shall not do any act meriting suspension or revocation of his license under the pro visions of this Act. Any person aggrieved by any act of the principal named in such bond in violation of the provisions of this Act may pro ceed on such bond against the principal or surety therein, or both, to recover damages. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the amount of such bond. The surety on the bond shall have the right to cancel such bond upon giving 30 days' notice to the Board and thereafter shall be relieved of liability for any breach of condition after the effective date of said cancellation.

Section 7. Issuance of license; fees; renewal; display.--(a) Upon being satisfied, after investigation, of the good character, competency and integrity of an applicant, or, if the applicant is an association, partnership or corporation, of all officers and certain stockholders thereof, the Board may grant a license to conduct such private detective

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business or private security business stated in such application; pro vided, however, that the provisions of this Section shall not apply to persons licensed in accordance with Section 4. Such license shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary.
(b) The license fee for conducting a private detective business shall be an initial fee of $100.00 and for renewal of any such license $100.00 per year.
(c) The license fee for conducting a private security business shall be an initial fee of $200.00 and for renewal of any such license $200.00 per year; provided, however, that any person, association, partnership or corporation conducting a private security business which employs no more than twelve persons, shall only pay an initial license fee of $100.00 and for renewal of any license $100.00 per year.

(d) Immediately upon the receipt of a license certificate issued by the Board pursuant to this Act, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy or duplicate of the license certificate shall be conspicuously posted at each branch office.

Section 8. Qualifications of employees; registration; fees.-- (a) Any licensee may employ as many agents, operators, assistants, guards, watchmen or patrolmen as he deems necessary for the conduct of his business, provided such employees shall be citizens of the United States, of good moral character and at least eighteen years of age. Except as provided in Section 4, immediately upon hiring any agents, operators, assistants, guards, watchmen or patrolmen, the licensee shall make application to register such employee with the Board. Such application shall be made on forms furnished by the Joint-Secretary and, under oath, the employee shall give his name, address, date and place of birth, employment for the past five years, experience in the position applied for, all arrests and convictions for violations of the law and such other information as the Board may require, by regulation, to properly in vestigate the character, competency and integrity of the employee. The application for registration shall be accompanied by two sets of finger prints of the employee and two photographs of the employee, two inches wide by three inches high, full-face, with and without head covering, taken within six months prior thereto. No person shall be approved for employment who has been convicted of a felony or any crime involving moral turpitude that would tend to question his honesty and integrity, or who is an alcoholic, drifter, vagrant or person with a record of mental illness, or who has been discharged from the military service under other than honorable conditions, or who has been refused a license under the provisions of this Act for any reason except minimum experience, or whose license, having been granted, has been revoked or is under suspension. Upon being satisfied of the suitability of the applicant for employment the Board shall register the employee and so notify the licensee. The licensee shall notify the Board within five days of the termination of employment of any registered employees. The Board may waive the submission of fingerprints and photographs for any employee who has been employed by a person licensed under this Act within the previous six months. Such registration shall be for one year and applica tion for renewal shall be on a form furnished by the Joint-Secretary.

TUESDAY, FEBRUARY 20, 1973

937

(b) The registration fee for an employee registered in accordance with the provisions of subsection (a) shall be an initial fee of $7.50 and for renewal of any such registration $7.50 per year.

Section 9. Temporary employees.--Notwithstanding the provisions of Sections 7 and 8, any person or corporation may use temporary em ployees for special events, without making application or paying any fee for said temporary employee, provided such temporary employment does not exceed ten days in a calendar year and such employee does not wear firearms in connection with said employment; provided, how ever, that the names, addresses and birth dates of such temporary em ployees, along with the identity and date of the special event for which they are to be employed, shall be furnished to the Board, or its desig nated representative, at least three days prior to the commencement of such special event.

Section 10. Security on employer-employee basis.-- (a) Any person or corporation employing persons to do private security work on the premises and in connection with the affairs of such employer only, and there exists an employer-employee relationship, shall be required to make application to the Board for a license. In order to secure a license, such person or corporation must:

(1) Satisfy the Board that such person or corporation is financially responsible;

(2) satisfy the Board that such person or corporation has a competent training officer and an adequate training program with a curriculum approved by the Board or that adequate training will be obtained from another source;

(3) pay an annual license fee of $25.00.
(b) Any person or corporation licensed in accordance with subsec tion (a) shall within twenty days of the beginning of employment of a person in private security work furnish the Board the name, photo graph, fingerprints and such other information as required by the Board in order to properly register such employees with the Board. The Joint-Secretary shall furnish forms for registration and each per son so registered shall pay an annual registration fee of $7.50. No person shall be approved for employment who has been convicted of a felony or any crime involving moral turpitude that would tend to question his honesty and integrity, or who is an alcoholic, drifter, vagrant or person with a record of mental illness, or who has been discharged from the military service under other than honorable conditions, or who has been refused a license under the provisions of this Act for any reason except minimum experience, or whose license, having been granted, has been revoked or is under suspension. Upon being satisfied of the suitability of the applicant for employment the Board shall register the employee and so notify the licensee. The licensee shall notify the Board within five days of the termination of employment of any registered employees. The Board may waive the submission of fingerprints and photographs for any employee who has been employed by a person licensed under this Act within the previous six months. Such registration shall be for one

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year and application for renewal shall be on a form furnished by the Joint-Secretary.

Section 11. Fingerprints; criminal identification.-- (a) The Board shall forward the two sets of fingerprints received from each individual to the Georgia Crime Information Center of the Department of Public Safety for the purpose of criminal identification through the finger print system of identification established by such Department and the fingerprint system of identification established by the Director of the Federal Bureau of Investigation at Washington, D. C.

(b) It shall further be the duty of the Board to keep a record of all information received from the Department of Public Safety and the Federal Bureau of Investigation with respect to criminal identification and to cooperate with the Department of Public Safety, with depart ments in other states and with the Department of Justice in Washing ton in any criminal identification system.

Section 12. Permit to carry firearms; fees; training; exemptions.-- (a) The Board may grant to any person licensed or registered in ac cordance with the provisions of this Act a permit to carry a pistol or revolver or other firearm. Application for such permit shall be made on forms provided by the Joint-Secretary and the fee shall be $2.00 per annum. Such permit shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. Such permit shall not be transferable.

(b) No person shall be issued a permit until he has presented to the Board proof that he is proficient in the use of firearms and has rereived a minimum of four hours classroom instruction and has had a minimum of eight hours firing on a firearms range and has passed the Standard Practical Pistol Course with a score of at least 60.

(c) Any person engaged in the private security business, or regis tered in accordance with the provisions of Section 8, and issued a permit in accordance with this Section shall be authorized to carry any such firearm in an open and fully exposed manner only while on duty and while going to and from work.

(d) Any person properly licensed or registered in accordance with the provisions of this Act and issued a permit in accordance with this Section shall be exempt from the provisions of Code Section 26-2901, Code of Georgia 1933, as amended, relating to carrying a concealed weapon.
(e) Any person issued a permit in accordance with the provisions of this Section shall be exempt from the following provisions of Georgia law:

(1) Code Section 26-2903, Code of Georgia 1933, as amended, relating to carrying a pistol without a license;
(2) Code Section 26-2904, Code of Georgia 1933, as amended, relating to license to carry pistol or revolver.

TUESDAY, FEBRUARY 20, 1973

939

Section 13. Arrest powers.--Any person covered by the provisions of Section 9 or properly registered or licensed under this Act who is hired or employed to patrol, guard or render a similar service on certain property shall be granted the authority and power which sheriffs have to make arrest of any persons violating or charged with violating any of the criminal statutes of this State, but shall have such powers of arrest only on the aforementioned property.

Section 14. Suspension or revocation of licenses; appeal.-- (a) The Board may, after hearing, suspend or permanently revoke a license or registration issued under this Act if it determines that the holder of such license or registration has:

(1) made any false statement or given any false information in connection with an application or renewal or reinstatement of a license or registration;

(2) violated any provision of this Act;

(3) violated any regulation promulgated by the Board pursuant to the authority contained in this Act;

(4) been convicted of a felony or any crime involving moral turpitude or any other crime involving the illegal use, carrying or possession of a dangerous weapon since becoming licensed or registered;

(5) committed any act in the course of the licensee's business constituting dishonesty or fraud;

(6)'impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer or employee of the United States or of this State or any political subdivision thereof since becoming licensed or registered;

(7) engaged in or permitted any employee to engage in the
detective business or private security business when not lawfully in possession of a valid license issued under the provisions of this Act;

(8) willfully failed or refused to render to a client service or a report as agreed between the parties and for which compensation has already been paid or tendered in accordance with the agreement of the parties;

(9) committed an unlawful breaking or entering, assault, bat tery or kidnapping since becoming licensed or registered;
(10) knowingly violated or advised, encouraged or assisted the violation of any court order or injunction in the course of business as a licensee or registered agent;
(11) committed any other act which is a ground for denial of an application for license or registration under this Act;

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JOURNAL OF THE HOUSE,

(12) undertaken to give legal advice or counsel or to in any wise represent that he is representing any attorney or is appearing or will appear in any legal proceedings or to issue, deliver or utter any simulation of process of any nature which might lead a person or persons to believe that such simulation, written, printed or typed, may be a summons, warrant, writ or court process or any pleading in any court proceeding.

(b) Pending the hearing provided for in subsection (a) of this Section the Board may suspend a license or registration issued under this Act when he has good reason to believe that grounds for revocation exist.

(c) The revocation of a license or registration as provided in sub section (a) shall be in writing, signed by the Board, stating the grounds upon which revocation order is based, and the aggrieved person shall have the right to appeal from such an order within twenty days after a copy thereof has been served upon him to the superior court of the county where the person resided at time of revocation as herein provided. Trial on such appeal shall be de novo; provided, however, that if the parties so agree, such trial may be confined to a review of the record made at the hearing by the Board. Appeals shall be from the superior court as provided in other civil cases.

Section 15. Exceptions.-- (a) This Act does not apply to:

(1) an officer or employee of the United States of America, or of this State or a political subdivision of either, while the employee or officer is engaged in the performance of official duties;

(2) a person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act;
(3) an attorney-at-law in performing his duties;
(4) admitted insurers, agents and insurance brokers licensed by the State, performing duties in connection with insurance trans acted by them;
(5) a person receiving compensation for private employment on an individual, independent contractor basis as a patrolman, guard or watchman who has fulltime employment as a peace officer with a state, county or local police department, and further provided, that for such exemption to operate the peace officer so defined shall (i) be employed in an employee-employer relationship, (ii) on an individual contractual basis, and (iii) not be in the employ of another peace officer.
(b) The provisions of this Act do not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county, from imposing local regulations upon any street patrol special officer or upon any person who furnishes street patrol service or street patrol special officer, to require registration with an agency to be designated by the

TUESDAY, FEBRUARY 20, 1973

941

city, county, or city and county, including in the registration full in formation as to the identification and employment of the individual.

Section 16. Penalty.--Any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.

Section 17. Application of Act.--On January 1, 1973, and con tinuing thereafter, no person, association, partnership or corporation shall engage in any activity covered by the provisions of this Act unless said person or corporation is in compliance with the provisions of this Act.

Section 18. Effective date.--This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 19. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:
Mr. Horton of the 56th moves to amend HB 49, by substitute, by placing a period after the word "weapon" in line 573 on page 15 and striking the words "since becoming licensed or registered."
Mr. Horton of the 56th moves to amend HB 49, by substitute, by changing in line 550 the period after the word "property" to a comma and by adding the following words "or while in hot pursuit of persons whom he has reasonable cause to have committed a crime on said certain property."
Mr. Horton of the 56th moves to amend HB 49, by substitute, by inserting a comma, after the word "registration" in line 556 on page 15 and adding the following "or refuse to renew a license,".
Mr. Horton of the 56th moves to amend HB 49, by substitute, by substituting after the word "application" in line 338 a period (.) for the semi-colon and by striking the words, "provided, however, that the porvisions of this Section shall not apply to persons licensed in accordance with Section 4." in lines 338 through 340.
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:

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JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Coleman Collins, M. Connell Daugherty Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dickey
Dixon
Dollar
Duke
Egan
Elliott
Ellis
Evans
Farrar
Floyd, L. R.
Gei singer

Grahl Grantham Groover Hamilton Harden Harrintgon Harris, J. F. Harris, J. R. Hays Horton Howell Hudson Hutchinson Irvin, J. , Jessup Johnson Jones Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
Miles
Milford
Moyer
Mulherin
Mullinax
Nessmith
Nix
Noble
Odom

Oxford Patten, G. C. Patten, R. L. Patterson Peters Perto Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett
Tucker
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wood

Those voting in the negative were Messrs.:

Berlin Cole

Coney

Foster

TUESDAY, FEBRUARY 20, 1973

943

Those not voting were Messrs.:

Alexander, W. H. Beckham Bennett Blackshear
Bond Bray Brown, B. D. Clark Collins, S. Colwell Dean, J. E. Dorminy Edwards Ezzard Floyd, J. H. Fraser

Gignilliat Greer Harrison Hawes
Hill, B. L. Hill, G. Horton, G. T. Howard Irvin, R. Irwin, J. R. Jordan King Larsen, W. W. Levitas McCracken McDonald

McKinney Morgan Murphy Northcutt
Pearce Phillips, L. L. Russell, W. D. Sams Townsend Turner Twiggs Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 4.

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

HB 645. By Messrs. Buck and Pearce of the 87th, Thompson and Berry of the 86th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide certain minimum 'standards prerequisite to the original incorpora tion of a municipality . . .", so as to provide that the provisions of this Act shall be inapplicable 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M.

Alien Atherton Bailey Beckham Berlin

Berry Bohannon Bostick Brantley, H. H. Brantley, H. L.

$44
Brown, C. Brown, S. P. Buck Burruss Burton Carlisle
Carr Carrell Castleberry Chance Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Ellis Farrar Floyd, L. R. Foster, R. L. Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R.

JOURNAL OF THE HOUSE,

Hays Howell
Hudson Hutchinson
Jessup Johnson
Jones
Keyton Knight
Kreeger Lambert
Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Levitas
Logan Lowrey
Marcus
Mason Matthews, C. Matthews, D. R. Mauldin
McDaniell McDonald
Miles Milford
Morgan Moyer Mulherin
Mullinax Nessmith
Nix Noble
Northcutt Oxford Patten, R. L.
Patterson Pearce
Peters Petro

Phillips, G. S. Phillips, L. L.
Rainey Ritchie
Roach Rogers
Ross Rush
Russell, J. Russell, W. D.
Sams Savage Shanahan
Shepherd Smith, J. R.
Smith, V. B. Snow
Stephens Strickland
Sweat Thomason Thompson
Toles Triplett
Tucker Turner Twiggs
Vaughn Waddle Walker
Wall Wamble
Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Williams Willis
Wood

Voting in the negative was Mr. W. S. Lee.

Those not voting were Messrs.:

Alexander, W. H.
Bennett Blackshear
Bond
Bray Brown, B. D. Busbee

Clark Colwell
Daugherty Dean, J. E.
Dorminy Elliott
Evans

Ezzard
Floyd, J. H.
Fraser Gignilliat Hamilton
Harrison Hawes

TUESDAY, FEBRUARY 20, 1973

945

Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard, Bob Irvin, J. Irvin, R. Irwin, J. R.

Jordan King Larsen, G. K. Larsen, W. V. Lewis McCracken McKinney Murphy

Odom Patten, G. C. Pinkston Reaves Townsend Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
HB 648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th and others:
A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to require the Authority to make available for public inspection summaries of certain contracts entered into by the Authority; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to require the Authority to make avail able for public inspection summaries of certain contracts entered into by the Authority; to provide for the periodic publication of data re lating to expenditures and contracts of the Authority; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, is hereby amended by adding at the end of subsection (b) of Section 14 the following sentence:
"Prior to the award of a contract which will call for an anti cipated aggregate payment of $300,000.00 or more to the success ful bidder, the Authority shall make an accurate and brief summary thereof available to the public in its principal office and shall publish notice of its intention to award such contract to the suc cessful bidder at least five days prior to such award in the local newspaper of the largest circulation in the metropolitan area. Such

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advertisement shall state the name of the successsful bidder, the amount of the contract and its subject matter. This provision shall apply to contracts entered into thirty days or more after the effec tive date of this Act."

Section 2. Said Act is further amended by adding between Sec tions 14 and 15 a new Section to be known as Section 14A to read as follows:

"Section 14A. The Authority shall have available at its prin cipal office for public inspection at all times during regular busi ness hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall semiannually, in January and July of each year, publish in a daily newspaper of general circulation within the entire geographic area of the Authority's operations and in a weekly newspaper of general circulation in each county in which the Authority operates, a state ment of the tax revenue and operating revenue received, as well as a statement of the total expenditures made, as well as a list of all written contracts entered into by the Authority during the preceding six months which call for the Authority to expend at any time in the aggregate more than $50,000. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or consultant is to be compen sated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportab'e hereunder, shall have his compensation in creased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining such amount. At such times, the Authority shall also publish a list of the names of each person, firm or corporation which has re ceived from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The first such list shall be published in July 1973 and shall inc'ude all such reportable contracts and payments made since January 1, 1972. The published information shall also be filed as a statement, verified by the Chairman of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Overview Commit tee, the State Auditor and with governing authorities of each coun ty and the largest municipality in the area of the Authority's operation."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:

TUESDAY, FEBRUARY 20, 1973

947

Mr. Jordan of the 58th moves to amend HB 648, by substiute, by striking the figure "$300,000.00" on line 17, page 1 and inserting in lieu thereof the figure "$150,000.00".

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, J. H.
Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Bailey Beckham Bennett Berlin
Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins, S. Colwell
Coney Connell

Daugherty Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Elliott Evans Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson
Hutchinson
Irvin, J.
Irvin, R.

Jessup Johnson Jones, Herb Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas
Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin
McDaniell McDonald Miles Milford Moyer Mulherin Mullinax Nessmith Nix Noble
Northcutt Odom

948
Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J.

JOURNAL OF THE HOUSE,

Russell, W. D. Sams Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs

Savage Shanahan Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood

Voting in the negative was Mr. J. R. Harris.

Those not voting were Messrs.:

Atherton Blackshear Bray Burruss Clark Collins, M. Daivs, E. T. Dean, J. E. Edwards Egan Ellis

Ezzard Floyd, J. H. Gignilliat Harrison, R. Hawes Hill, B. L. Howard Irwin, J. R. Lambert Larsen, G. K. McCracken

McKinney Morgan Murphy Pearce Phillips, G. S. Reaves Thomason Townsend Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 146, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 695. By Messrs. Howell of the 118th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to allow the JointSecretary to determine the expiration, renewal and penalty dates for license and certificates issued through the office of the Joint-Secretary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 20, 1973

949

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Evans Farrar

Floyd, L. R. Foster Fraser Geisinger Grahl Grantham
Greer Hamilton Harden Harrington Harris, J. R. Hays Hill, G. Horton Howell Hudson, Ted Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Moyer Mulherin Nessmith

Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood

050

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alien Berlin Blackshear Bray Clark Collins, M. Dean, J. E. Egan Ellis Ezzard Floyd, J. H. Gignilliat

Groover Harris, J. P. Harrison Hawes Hill, B. L. Horton, G. T. Howard Irwin, J. R. Lambert McCracken McKinney Morgan

Mullinax Murphy Pearce Savage Thomason Townsend Vaughn Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 0.

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

HR 172-648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th and others:
A Resolution to create the Metropolitan Atlanta Rapid Transit Over view Committee; and for other purposes.

The following Committee amendment was read and adopted:
The House Committee on State Planning and Community Affairs moves to amend HR 172-648 as follows:
By deleting in its entirety Line 11 of Page 2 and substituting in lieu thereof the folloiwng:
"members of the Senate, to be appointed by the President thereof, at least one of whom shall be from".
And by adding at the end thereof the following:
"BE IT FURTHER RESOLVED that nothing contained within this Resolution shall relieve the Metropolitan Atlanta Rapid Tarnsit Authority of the responsibilities imposed upon it under the Metro politan Atlanta Rapid Transit Authority Act of 1965, as amended, for the planning, designing, purchasing, acquiring, constructing, improving, equipping, financing, maintaining, administering and operating a system of rapid transit for the metropolitan area of Atlanta."

TUESDAY, FEBRUARY 20, 1973

951

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 112, nays 3.

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

Messrs. Greer of the 43rd and Harris of the 51st each wished to be recorded as voting "nay" on the adoption of HR 172-648, as amended.

HB 314. By Messrs. Jones of the 109th, Chance of the 112th, Adams of the 14th and others:
A Bill to be entitled an Act to amend Code Section 59-105, relating to the compensation of jury commissioners and their clerk, so as to in crease said 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P.

Buck Burruss Burton Busbee Carlisle Carr Carrell
Castleberry Chance Cole Coleman Collins, S. Colwell Connell Daugherty
Davis, W. Dean, Gib Dean, N.

Dent Dickey Dollar Dorminy
Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser
Geisinger Gignilliat Grahl Grantham

952
Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus

JOURNAL OP THE HOUSE,

Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald
Miles Milford Morgan Moyer Mulherin Mullinax Nessmith
Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross

Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Thomason
Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Bennett Blackshear Brantley, H. L. Bray Clark
Collins, M.
Coney
Davis, E. T. Dean, J. E.
Dixon

Ezzard Floyd, J. H. Harrison Hawes
Hill, B. L.
Howard
Howell
Irwin, J. R.
Jordan
Keyton

Levitas McCracken McKinney Murphy
Roach Sweat
Thompson
Townsend
Wilson, J. M.
Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 0.

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

TUESDAY, FEBRUARY 20, 1973

953

HB 111. By Messrs. Pinkston, Evans, Berlin and Coney of the 89th and others:
A Bill to be entitled an Act to provide the procedures whereby a permit must be obtained in order to disturb any place of burial of human remains for the purposes of development of such land; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide the procedures whereby a permit must be obtained in order to disturb any place of burial of human re mains for the purposes of developing such land; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. When it shall be necessary for the purposes of de veloping any land which is used as the burial place of any human re mains to disturb any such place of burial, no such place of burial shall be disturbed unless a permit from the governing authority of the city or county wherein the burial place is located shall first be obtained. The governing authority shall not issue any such permit unless the governing authority shall first review the plans of the applicant for the permit for the proper reinterment of such remains in order to de termine that suitable arrangements for such reinterment have been made and that such proper reinterment will be accomplished. In the event the governing authority does not believe that such plans are adequate to ensure the above, no such permit shall be issued.
Section 2. Any person who shall fail to comply with the provisions of this Act shall be guilty of a misdemeanor and, upon conviction there of, shall be punished as for a misdemeanor.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Williams of the 9th moves to amend HB 111, by substitute, by adding in the caption on line 2 after the word "of" the word "known" and like language on line 8.

The Substitute, as amended, was adopted.

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

954

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 1.

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

Mr. Larsen of the 102nd served notice that at the proper time he would ask the House to reconsider its action on the passage of HB 111, by substitute, as amended.

HB 146. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill to be entitled an Act creating the Sheriffs' Retirement Fund, so as to reduce the retirement age of those members of the Fund who have ceased to hold office of sheriff and who are otherwise eligible to re ceive retirement benefits except for the ones not having reached the age of 60 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. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Atherton
Bailey . Beckham Berlin
Berry
Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee

Carlisle Carr Carrell Castleberry Chance Cole
Coleman Collins, M. Collins, S.
Coney
Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy

Duke Edwards Evans Farrar Floyd, L. R. Foster
Fraser Grahl Grantham
Groover
Hamilton Harden Harrington Harris, J. F. Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson

TUESDAY, FEBRUARY 20, 1973

955

Irvin, J. Jessup Johnson Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan

Moyer Mulherin Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams

Shanahan Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Burton Dixon Egan

Elliott Geisinger

Lee, W. S. Wall

Those not voting were Messrs.:

Alexander, W. M. Alien Bennett Blackshear Brown, B. D. Clark Colwell Ellis Ezzard Floyd, J. H. Gignilliat Greer Harris, J. R.

Harrison Hawes Hill, G. Horton, W. L. Irvin, R. Irwin, J. R. Jones Jardan Larsen Levitas Lewis McCracken McKinney

Murphy Noble Odom Peters Petro Savage Shepherd Smith, J. R. Stephens Townsend Twiggs Mr. Speaker

On the passage of the Bill, the ayes were 135, nays 7. The Bill, having received the requisite constitutional majority, was passed.

956

JOURNAL OF THE HOUSE,

HB 301. By Mr. Matthews of the 62nd, Adams of the 36th, Brown of the 89th 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 and revocation of motor vehicle driver licenses, as amended, so as to increase the minimum age required of certain applicants; and for other purposes.

Mr. Egan of the 25th moved that HB 301 and all amendments thereto be placed upon the table.

The motion prevailed and HB 301 and all amendments thereto were placed upon the table.

HB 186. By Messrs. Northcutt of the 68th and Adams of the 14th:
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, as amended, so as to provide increased retirement benefits for those who become eligible to receive retirement benefits from and after April 1, 1973; and for other purposes.

The report of the Committee, which was favorable 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. Bailey Beckham Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, C.
Brown, S. P. Burton

Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Coiling, S. Colwell Coney Connell Davis, E. T. Davis, W.
Dean, N. Dent

Dickey Dixon Dollar Dorminy Duke Edwards Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham
Greer Groover

TUESDAY, FEBRUARY 20, 1973

957

Harden Harrington Harris, J. P. Hays Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W'. J. Lee, W. J. (Bill) Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

McDaniell McDonald MciKnney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams

Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis, Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Egan Harris, J. R.

Lee, W. S. Levitas

Odom

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Alexander, W. M. Atherton Bennett Brantley, H. L. Brown, B. D. Buck Burruss
Carrell
Collins, M.
Daugherty
Dean, Gib
Dean, J. E.

Elliott Ellis Ezzard Farrar Gignilliat Hamilton Harrison Hawes Hill, B. L.
Hill, G.
Howard
Irwin, J. R.
Jones
Larsen, G. K.

Larsen, W. W. McCracken Lewis Murphy Patten Peters Russell, W. D. Savage Shepherd
Townsend
Tucker
Mr. Speaker

958

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 133, nays 5.

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

Mr. Carrell of the 71st stated that he had been called from the floor of the House when the roll was called on the passage of HB 186 but had he been present would have voted "aye".

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

HB 433. By Mr. Logan of the 62nd:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners for Registered Professional Sanitarians, so as to provide for five-year 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 102, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 400. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and others: A Bill to be entitled an Act to provide that law enforcement officers, while testifying before any court in any criminal proceedings, shall not be compelled to reveal their home address; and for other purposes.
The following amendment was read and adopted:
Mr. Larsen of the 102nd moves to amend HB 400 by changing the period at the end of Section 1 to a comma and adding to Section 1 the following:
"except that the court may require any officer to answer ques tions as to his home address whenever such fact may be material to any issue in the case.".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

TUESDAY, FEBRUARY 20, 1973

959

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 401. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and Jessup of the 102nd:
A Bill to be entitled an Act to authorize the Department of Public Safety to reimburse any employee for all reasonable and necessary expenses in curred when such employee is assigned to duties which require him to relocate his place of residency; and for other purposes.

The report of the Committee, which was favorable 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 Bailey Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman

Collins, S. Colwell
Coney Connell Daugherty Davis, W. Dean, Gib
Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Evans Farrar Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden

Harrington Harris, J. F. Harris, J. R. Hays Hill, B. L. Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, D. Lane, W. J.
Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Lewis

960
Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C.

JOURNAL OP THE HOUSE,

Patten, R. L. Patterson Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie
Ross Rush Russell, J. Sams
Savage Shanahan Smith, J. R. Smith, V. B. Snow
Stephens Strickland Sweat Thomason

Toles Townsend Triplett Turner Twiggs Vaughn
Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, J. H. Alexander, W. M. Beckham Bennett Berry Brantley, H. L. Buck Chance Collins, M. Davis, E. T. Egan Elliott Ellis Ezzard

Floyd, J. H. Gignilliat Grahl Harrison Hawes Hill, G. Horton, W. L. Irwin King Levitas McCracken Miles Morgan Murphy

Nessmith Pearce Peters Petro Rainey Roach Rogers Russell, W. D. Shepherd Thompson Tucker Mr. Speaker

On the passage of the Bill, the ayes were 140, nays 0.

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

The Speaker Pro Tem assumed the Chair.

The Speaker Pro Tem announced the House recessed until 2:00 o'clock, P. M.

TUESDAY, FEBRUARY 20, 1973

961

AFTERNOON SESSION

The House was called to order by the Speaker Pro Tern.

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

HB 51. By Messrs. Savage of the 30th, Brown of the 67th, Hays of the 1st and others:
A Bill to be entitled an Act to amend Code Section 88-2603, relating to the power and duties of the Board of Human Resources in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in certain in corporated communities; and for other purposes.

The following Senate amendments were read:
Senate Amendment No. 1:
Amend HB 51
By striking from the end of Section 1A, on line 24 of page 1, the following:
"compliance therewith",
and inserting in lieu thereof the following:
"the fluoridation equipment, the installation of such equipment and the materials and chemicals required for six months of fluorida tion of such potable public water supplies."
Senate Amendment No. 2:
Amend HB 51
By adding in Section 1, after the word "referendum" on line 20 of page 1, the following:
"called by petition of 10 percent of the registered voters in such political subdivision who voted in the last General Election. This applies to a referendum for or against fluoridation."
Senate Amendment No. 3:
Amend HB 51

962

JOURNAL OP THE HOUSE,

By adding a new Section 2 to read as follows:

"Section 2. Any person that is deemed allergic to flouridated water and finds it necessary upon the advice of a physician or ap proval by the Department of Human Resources to purchase a device to remove it from the water it shall be tax deductible as any other medical expense.", and,

By renumbering Section 2 as Section 3.

Senate Amendment 4:

Amend HB 51 by striking from line 21, the word "or" and,

By adding a comma after the words "municipality" and "county"

and,

By inserting after the word "county" the words "or private water authority."

Mr. Savage of the 30th moved that the House agree to the Senate amendments to HB 51.

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. Bailey Beckham Bennett Berlin Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, S. P. Burton Carr
Carrell Castleberry Chance Clark Coleman

Collins, M. Collins, S. Daugherty Davis, W. Dean, Gib Dixon Dorminy Duke Edwards Egan Elliott Ellis Farrar
Floyd, L. R. Foster Fraser
Geisinger Gignilliat Grahl Grantham Greer

Hamilton Harden Harrington Harris, J. F. Harris, J. R. Horton, G. T. Tlorton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Johnson
Keyton Kreeger Lambert
Lane, D. Lane, W. J. Larsen, G. K. Lee, W. J. Le\vis

TUESDAY, FEBRUARY 20, 1973

963

Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McKinney Milford Morgan Moyer Nessmith Nix Noble Oxford Patten, G. C.

Patten, R. L. Petro Phillips, L. L. Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Strickland Sweat

Thomason Townsend Triplett Waddle Walker Wall Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, J. H. Adams, J. Adams, M. Alexander, W. M. Alien Atherton Berry Brown, C. Buck Burruss Busbee Carlisle Colwell Coney Connell Davis, E. T. Dean, J. E. Dean, N. Dent Dollar Evans Ezzard Floyd, J. H.

Groover Harrison Hawes Hays Hill, B. L. Hill, G. Howell
Irwin Jessup Jones Jordan King Knight Larsen, W. W. Lee, W. S. Le vitas Marcus McCracken McDonald JVLiles Mulherin Mullinax Murphy

Northcutt
Odoni Pearce Peters Phillips, G. S. Pinkston Rainey Ritchie Rush Shepherd
Snow Stephens Thompson Toles Tucker Turner Twiggs Vaughn Wamble Ware Mr. Speaker

Those not voting were Messrs.:

Bohannon Cole

Dickey McDaniell

Patterson Reaves

On the motion, the ayes were 107, nays 6.

The motion prevailed and the Senate amendments to HB 51 were agreed to.

964

JOURNAL OF THE HOUSE,

Messrs. Pinkston and Coney of the 89th stated that they had been called from the floor of the House when the roll was called on the motion to agree to the Senate amendments to HB 51, but had they been present would have each voted "aye".

Messrs. Connell of the 80th and Evans of the 89th each stated that they had been called from the floor of the House when the roll was called on the motion to agree to the Senate amendments to HB 51, but had they been present would have each vote,d "aye".

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 406. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and others:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for a quorum for the discharge of business by the Board 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 ayes were 91, nays 0.

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

HB 478. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend Code Section 68-1001, relating to the negotiation of reciprocal agreements between States concerning motor vehicles, so as to authorize the Governor or his designees to enter into agreements with representatives of other jurisdictions relating to the registration of commercial vehicles; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. Adams, M.

Alexander, W. H. Alexander, W. M. Atherton

Bailey Beckham Bennett

TUESDAY, FEBRUARY 20, 1973

965

Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dean, G. Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl

Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hays Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Keyton Knight Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nix

Noble Odom Oxford
Patten, G. C. Patten, R. L. Patterson Petro Phillips, L. L. Pinkston
Rainey Reaves Ritchie
Roach Rogers
Ross Rush
Russell, J. Russell, W. D.
Savage Shanahan Smith, J. R. Smith, V. B. Stephens Strickland
Sweat Thomason
Toles Tucker Turner Waddle Walker
Wall Wamble
Ware Wheeler, B. Wheeler, J. A.
Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Adams, J. H. Alien Berry Brantley, H. L. Burton Colwell Davis, E. T.

Dean, J. E. Dean, N. Dent Dollar Ezzard Floyd, J. H. Harrison

Hawes Hill, B. L.
Hill, G. Howell
Irwin Jones King

966
Levitas Logan McCracken Miles Mulherin Murphy Nessmith

JOURNAL OF THE HOUSE,

Northcutt Pearce Peters Phillips, G. S. Sams Shepherd Snow

Thompson Townsend Twiggs Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 0.

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

HR 87-280. By Mr. Rush of the 104th:
A Resolution authorizing and directing the State Department of Trans portation to designate a bridge in Tattnall County as the W. A. (At) Nail Bridge; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, S. P. Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Collins, S. Colwell Connell Daugherty Dean, G. Dickey Dollar Dorminy Duke Edwards

Egan Elliott Ellis Parrar Floyd, L. R. Foster Phaser Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, G. Horton, G. T. Horton, W. L.

TUESDAY, FEBRUARY 20, 1973

967

Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin

McKinney Milford Morgan Moyer Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, L. L. Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. D.

Shanahan Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thomason Toles Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Dixon.

Those not voting were Messrs.:

Adams, J. H. Brown, C. Buck Carlisle Coleman Collins, M. Coney Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Evans Ezzard Floyd, J. H. Grahl Hamilton

Harrison Hawes Hill, B. L. Howard Howell Irwin Larsen, W. W. Lee, W. J. Levitas Lewis Matthews, D. R. McCracken McDaniell McDonald Miles Mulherin Murphy

Northcutt Peters Phillips, G. S. Pinkston Rainey Roach Sams Savage Shepherd Snow Thompson Townsend Vaughn Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 129, nays 1.

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

968

JOURNAL OP THE HOUSE,

HB 24. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elec tions, so as to change the time for closing the polls; and for othtr pur poses.

An amendment offered by Mr. Carr of the 90th was read and lost.

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

On the passage of the Bill, the ayes were 50, nays 54.

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

Mr. Alexander of the 38th stated 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 24.

HR 103-332. By Messrs. Atherton and Wilson of the 19th, McDaniell of the 20th and others:
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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Bennett Berlin Blackshear Bohannon Bond

Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck

Burruss Burton Busbee Carr Carrell Castleberry Chance Cole Collins, M. Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. R. Hays

TUESDAY, FEBRUARY 20, 1973

969

Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Johnson Jones, Herb Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney
Miles Milford Moyer Mulherin Mullinax Nessmith Nix

Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, L. L. Pinks ton Reaves Ritchie Rogers Ross Russell, J. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Tucker Turner Twiggs
Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Waddle.

Those not voting were Messrs.:

Beckham Berry Brown, C. Carlisle Clark Coleman Colwell

Coney Dean, J. E. Dorminy Ezzard Floyd, J. H. Greer Harris, J. F.

Harrison Hawes Irwin, J. R. Jessup King Larsen, W. W. McCracken

970
McDonald Morgan Murphy Northcutt Pearce Peters

JOURNAL OP THE HOUSE,

Phillips, G. S. Rainey Roach Rush Russell, W. D. Shepherd

Strickland Townsend Vaughn Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 140, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Due to mechanical failure, the vote of Mr. Triplettt of the lllth was not recorded.
HB 394. By Messrs. Geisinger of the 44th, Egan of the 25th, Russell of the 53rd and others: A Bill to be entitled an Act to provide that an individual who holds a public elective office may not qualify for another public elective office, the term of which or any part thereof runs concurrent with the term of office of the office for which he seeks to qualify, without first tendering his resignation; and for other purposes.
The report of the Committee, which was favorable 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 Bailey Beckham Berlin Blackshear Bohannon

Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee

Carlisle Carr Carrell Castleberry Chance Cole Collins, M. Coney Connell Daugherty Davis, E. T.

TUESDAY, FEBRUARY 20, 1973

971

Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Edwards Egan Elliott Ellis Evans Farrar Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Hays Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R.

Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald Miles Milford Moyer Mulherin Mullinax Nessmith Noble Odom Oxford Patten, G. C. Patten, R. L.

Patterson Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Thomason Toles Townsend Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bennett Clark Howard

McDaniell McKinney Sweat

Willis

Those not voting were Messrs.:

Adams, J. H. Atherton Berry Bostick Coleman Collins, S. Colwell Dean, J. E. Duke Ezzard

Floyd, J. H. Floyd, L. R. Geisinger Harris, J. F. Harrison Hawes Hill, B. L. Howell Irwin, J. R. King

Levitas Matthews, D. R. McCracken Morgan Murphy Nix Northcutt Pearce Peters Phillips, G. S.

972
Rainey Russell, W. D. Shepherd Strickland

JOURNAL OP THE HOUSE,

Thompson Vaughn Ware Wheeler, Bobby

Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 7.

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

Due to mechanical failure, the vote of Mr. Triplett of the lllth was not recorded.

HB 306. By Messrs. Wheeler and Mauldin of the 13th, Phillip of the 103rd and others:
A Bill to be entitled an Act to amend the Soil and Water Conservation Districts Law, so as to provide that all employees of the State Soil and Water Conservation Committee shall be subject to a merit system of employment; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, S. P. Buck Busbee Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Edwards Egan Elliott Farrar Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat

TUESDAY, FEBRUARY 20, 1973

973

Grahl Grantham
Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R.
Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Keyton
King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)

Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Morgan Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Pearce Petro Phillips, G. S. Phillips, L. L. Rainey

Rogers Ross Rush Russell, J. Shanahan Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Atherton Bennett Bohannon Brown, C. Burruss Burton Carlisle Carrell Daugherty Duke Ellis Evans Ezzard

Groover Harrison Hawes Hill, B. L. Irwin, J. R. Jordan Kreeger Lewis McCracken Mullinax Murphy Patten, G. C. Patterson Peters

Pinkston Reaves Ritchie Roach Russell, W. D. Sams Savage Shepherd Stephens Townsend Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 138, nays 0.

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

974

JOURNAL OF THE HOUSE,

HB 413. By Mr. Harris of the 51st:
A Bill to be enttiled an Act to provide to certain executors or trustees compensation for certain of their services; and for other purposes.

The following Committee amendment was read and adopted:
The House Judiciary Committee moves to amend HB 413 as follows:
By adding after the words fiduciary on line 25 after striking the period and adding a comma the words:
"and provided such contract is approved by the ordinary of the county where such administration proceeding is pending or the situs of the trust."
By striking on line 11 of Section 1 the words:
"of said decedent"

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blackshear
Bond Bostick Brantley, H. H.
Bray Brown, B. D. Brown, C. Brown, S. P.

Burruss Burton Busbee Carlisle Carr Chance Clark Coleman Collins, M. Collins, S. Coney Connell Daugherty
Davis, E. T. Davis, W. Dean, Gib
Dean, N. Dickey Dixon Dollar

Dorminy Duke Egan Ellis Evans Farrar Fraser Geisinger Gignilliat Grahl Grantham Greer Hamilton
Harden Harrington Harris, J. F.
Harris, J. R. Hays Hill, B. L. Horton, G. T.

TUESDAY, FEBRUARY 20, 1973

975

Horton, W. L. Howard Hudson Hutchinson
Irvin, J. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin

McDaniell McKinney Miles Milford
Morgan Moyer Mullinax Nessmith
Noble Odom
Oxford Patten, G. C. Patterson Pearce Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Savage

Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland
Sweat Thomason Toles Townsend Triplett Tucker Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bohannon

Castleberry

Edwards

Those not voting were Messrs.:

Beckham Brantley, H. L. Buck Carrell Cole Colwell Dean, J. E. Dent Elliott Ezzard Floyd, J. H. Floyd, L. R. Foster Groover

Harrison Hawes Hill, G. Howell Irvin, R. Irwin, J. R. King Larsen, W. W. Matthews, D. R. McCracken McDonald Mulherin Murphy Nix

Northcutt Patten, R. L. Peters Petro Phillips, G. S. Russell, W. D. Sams Shepherd Thompson Turner Vaughn Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 136, nays 3.

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

976

JOURNAL OP THE HOUSE,

HB 113. By Messrs. Buck of the 87th and McDaniell of the 20th:
A Bill to be entitled an Act to be known as the Georgia Contractors Licensing Act; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to be known as the "Georgia Contractors Licensing Act"; to provide for a short title; to provide for definitions; to provide for the creation of the Georgia Contractors Licensing Board; to provide for the appointment, terms of office, duties, powers, author ity, compensation, expenses, officers and employees of the board; to provide for the filling of vacancies on the board; to provide for meetings of the board; to provide for a quorum; to provide for rules and regula tions; to provide for a seal for the board; to provide that from and after January 31, 1975, it shall be unlawful for any person, partnership, corporation, firm, or other legal entity to engage in contracting within this State unless such person shall be licensed by the board; to provide for the issuance of licenses; to provide for applications; to provide for license fees; to provide for examinations and investigations; to provide for public liability insurance; to provide for the forfeiture of exami nation and license fees; to provide for the exhibition of valid licenses or exemption certificates prior to the issuance of building permits or licenses; to provide that it shall be unlawful for any political sub division of this State to require an additional examination prior to the issuance of a building permit to a person holding a valid contractor's license; to provide for notices; to provide for the revocation or suspen sion of licenses and certificates; to provide for the expiration and re newal of licenses; to provide for the confidentiality of certain informa tion; to provide for the retention of examinations; to provide that certain acts or omissions shall be unlawful and shall be violations of this Act; to provide for the investigation of complaints against con tractors; to provide for disciplinary action against contractors; to provide grounds for disciplinary actions; to provide that certain acts or omissions shall constitute prima facie evidence of violations or evasions of this Act or intent to violate or evade this Act; to provide for civil penalties; to provide for criminal penalties; to provide for injunctions and restraining orders; to provide that the provisions of this Act shall not apply to certain individuals, partnerships, firms, corporations, companies, business organizations or other legal entities; to provide for limited and restricted exemption certificates; to provide for the issuance of licenses under certain conditions to applicants who are registered or certified in certain other states or territories; to provide for conditions and limitations on the issuance of such licenses; to provide that the Joint-Secretary, State Examining Boards of Georgia, shall be secretary of the board; to provide for the duties and powers of the Joint-Secretary; to provide for records, affidavits and subpoenas; to provide for the service of process and the filing of documents; to provide that the provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, shall be applicable to the Georgia Contractors Licensing Board; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 20, 1973

977

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. This Act shall be known and may be cited as the "Geor gia Contractors Licensing Act."

Section 2. As used in this Act, unless the context clearly requires otherwise:

(a) "Contractor" means any person who for consideration under takes to, or submits a bid to, or either by himself or by others does, contract, repair, alter, remodel, add to, subtract from or improve any building or structure, including related improvements to real estate, for others, or for resa.e to others and who is responsible for substantial ly the entire project.

(b) "General contractors" means contractors whose services are unlimited as to the type of work which they may do as set forth in subsection (a).

(c) "Building contractors" means those contractors whose services are limited to the construction of commercial buildings, single resi dential dwellings, or multiple residential dwellings, which do not exceed three stories in height, and accessory use structures in connection there with, or those contractors whose services are limited to remodeling, repair, or improvement 01 any size building if the services do not affect the structural members of the building.

(d) "Contracting" means, except as otherwise provided in this Act, engaging in business as a contractor.

(e) "Board" means the Georgia Contractors Licensing Board cre ated under the provisions of this Act.

(f) "License" means a license issued by the board under the pro visions of this Act and includes a limited and restricted exemption certificate issued pursuant to Section 12.

(g) "Applicant" means an individual, partnership, corporation, company, business organization, business trust, or other legal entity seeking a license under the provision of this Act.

(h) "Joint-Secretary" means the Joint-Secretary, State Examining Boards of Georgia.

Section 3. (a) There is hereby created the Georgia Contractors Licensing Board. Said board shall consist of seven members, appointed by the Governor with the approval of the Secretary of State, three members of whom shall be primari'y engaged in business as general contractors, to be selected from a list of seven names submitted by Associated General Contractors of America Georgia Branch, three members of whom sha 1 be primarily engaged in business as building contractors, to be selected from seven names submitted by Home Build-

978

JOURNAL OP THE HOUSE,

ers Association of Georgia, and one of whom shall be a building in spector or building official of a county or municipality of this State. To be eligible for appointment, each contractor member of the board at the time of his appointment shall have been actively engaged in the construction business for a period of not less than five consecutive years immediately preceding the date of his appointment and must be a citizen and resident of the State of Georgia. No two board members shall be residents of the same Congressional District. Each contractor member of the board succeeding the original members appointed to the board shall hold a valid license issued by the road in addition to meeting the qualification provided in this Section.

(b) Within 30 days after the effective date of this Act, the Gov ernor shall appoint seven qualified persons as members of the board. Of the initial members of the board, two members shall be appointed for a term expiring on July 1, 1975, two members shall be appointed for a term expiring on July 1, 1976, two members shall be appointed for a term expiring on July 1, 1977, and one member shall be appointed for a term expiring on July 1, 1978. All terms of office shall expire on July 1 of the last year in the term of office. Following the terms of the initial members of the board the Governor, with the approval of the Secretary of State, shall appoint members for a term of office of four years and until their respective successors are duly appointed and qualified. No person shall be eligible to succeed himself for more than one term as a member of the board. Vacancies in the membership of the board shall be filled by appointment by the Governor with the approval of the Secretary of State for the remainder of the unexpired term.

(c) The board shall meet at such times and places as they shall determine necessary for the conduct of the business of the board, but shall meet at least once every six months. As soon as practicable after the effective date of this Act, the board shall meet, upon the call of the Governor, at which meeting the board shall elect officers from the membership to serve for a term expiring on July 1 immediately there after. Immediately preceding the expiration of the terms of office of the initial officers of the board, the board shall e'ect officers for the following year. Such officers shall take office on July 1 and shall serve for a term of one year. The election of successors shall take place in June of each year. Five members of the board shall constitute a quorum.

(d) The board is hereby authorized to adopt rules and regulations necessary or convenient for the performance of its duties and the en forcement of this Act.
(e) The board is hereby authorized to employ such personnel, per form such acts and incur such expenses as are reasonable and necessary to perform its duties and enforce the provisions of this Act.
(f) The board shall adopt a seal for its use containing the words "Georgia Contractors Licensing Board."
(g) Members of the board shall receive the sum of $25 per day for each day actually spent in the performance of the duties imposed by this Act. Members shall also be reimbursed for travel expenses for

TUESDAY, FEBRUARY 20, 1973

979

travel to or from meetings of the board or travel in the performance of their duties. Such compensation for travel shall be at the rate of ten cents per mile.

Section 4. (a) Except as otherwise provided in this Act, from and after January 31, 1975, it shall be unlawful for any person, partner ship, corporation, firm, or other legal entity to engage in contracting within this State unless such person, partnership, corporation, firm, or other legal entity shall possess a valid license issued by the State Contractors Licensing Board under the provisions of this Act. To obtain a license, an applicant shall submit an application in writing to the board containing the statement that the applicant desires the issuance of a license and the c'ass or type of license desired. Such application shall be made on a form furnished by the board and shall contain such information as the board shall prescribe. Such application shall be accompanied by the fee required by this Act. Each applicant for a license shall take an objective written examination relative to his fit ness for a. license in the category for which the license application is made, provided, however, that applicants who have been actively en gaged in contracting within the State of Georgia of the type for which a license is sought for a period of one year immediately preceding July 1, 1974, shall not be required to take an examination as a prerequisite to the issuance of a license if such applicants request an exemption from the examination requirements of this Act prior to December 1, 1974. Such request shall be made to the board in writing and shall contain satisfactory evidence that such applicant has been actively engaged in contracting within the State for the period specified in this subsection. Examinations shall be held at dates and places within the State as the board shall determine, but there shall be at least four examinations per ca'endar year. Licenses shall be issued for each of the following categories: (1) general contractors; and (2) building contractors, and there shall be a separate examination for each cate gory of license. The examination shall cover knowledge of basic prin ciples of contracting and construction applicable to the category for which a license is requested. Examinations shall be open book examina tions consisting of multiple choice, fill-in, true-false, or short-answer questions and may inc'ude or consist of diagrams, plans, or sketches in connection with which the applicant is required to demonstrate his knowledge of construction by answering questions keyed to such a diagrams, plans, or sketches. A passing grade on an examination shall be 75% or more.

(b) Following the receipt of the fee, the application, and the suc cessful completion of the examination, the board shall investigate the financial responsibility, credit, and business reputation of the applicant and of any business organization on behalf of which he proposes to engage in contracting, as well as the education and experience of the applicant. Within 30 days from the date of the examination, the board shall inform the applicant in writing whether he has qualified for a license and, if the applicant has qualified, that it is ready to issue a license in the category ior which application was made subject to compliance with the requirements of subsection (c) of this Section.

(c) As a prerequisite to the issuance of a license, the board shall require the applicant to submit satisfactory evidence that he, or the

980

JOURNAL OF THE HOUSE,

business organization in whose name the license is sought, has obtained public liability insurance in an amount not less than $100,000 for general contractors and $50,000 for building contractors. Thereupon, the license shall be issued. This subsection shall not apply to inactive licenses.

(d) If an applicant for an original license, after having been certi fied to do so, does not appear for examination within one year from the date of filing his application, the fee paid by him shall be credited to the board as an earned fee. A new application for a license shall be accompanied by another application fee. Forfeiture of a fee may be waived by the board for good cause shown.

(e) Licenses issued pursuant to this Act shall not be transferable. Prior to obtaining a buiMing permit from any State, county, or munici pal official, a contractor must present his license, or a certified copy thereof, to such official. It shall be unlawful for any State, county, or municipal official charged with the responsibility of issuing building permits or licenses to issue any such permit or license unless a valid contractor's license, a certified copy thereof, or an exemption certificate issued by the State Contractors Licensing Board shall be exhibited to such official. It shall also be unlawful for any political subdivision of this State to require an additional examination prior to issuing a build ing permit to a person holding a valid contractor's license.

Section 5. (a) When an indivdual proposes to do business in his own name, a license, when granted, shall be issued only to that indi vidual.

(b) If the applicant proposing to engage in contracting is a part nership, corporation, business trust, or other legal entity, the applica tion shall state the name of the partnership and of its partners, or the name of the corporation and of its officers and directors, or the name of the business trust and its trustees, or the name of such other legal entity and its members, and furnish evidence of statutory compliance if a fictitious name is used. Such application shall also show that the person applying for the examination is legally qualified to act for the business organization in all matters connected with its contracting busi ness, and that he has authority to supervise construction undertaken by such business organization, and that he is an officer of the corpora tion, a partner in the partnership or an officer of the business organi zation. The license, when issued upon application of a business organi zation, shall be in the name of such business organization, and the name of the qualifying individual or individuals shall be noted thereon.
(c) (1) At least one member or officer of the business organiza tion shall be qualified under this Act in order for the business organiza tion to hold a current valid license in the category of the business conducted for which the member is qualified. If any individual so qualified on behalf of such business organization ceases to be affiliated with such business organization, he shall inform the board as provided in Section 8. In addition, if such individual is the only qualified indi vidual affiliated with the business organization, the busness organi zation shall notify the board of the individual's termination and shall have a period of 90 days from the termination of the individual's affili ation with the business organization in which to qualify another person

TUESDAY, FEBRUARY 20, 1973

981

under the provisions of this part, failing which the license of the business organization shall be subject to revocation by the board. For the purpose of compliance with the provisions of this paragraph the board is atuhorized to administer special, additional examinations other than those regularly scheduled or issue temporary licenses until the next regular license examination is scheduled.

(2) The individual shall also inform the board in writing when he proposes to engage in contracting in his own name or in affiliation with another business organization. Such individual or such new busi ness organization shall supply the same information to the board as is required for applicants under the provisions of this Act.

(3) After an investigation of the financial responsibility, credit, and business reputation of the individual, or the new business organi zation, and a favorable determination of such facts, the board shall issue, without charge or examination, a new license in the individual's name or in the name of the new business organization, as provided
above.

(d) All applicants for a license under the provisions of this Act shall have been legal residents of the State of Georgia for not less than six months immediately preceding the date of their application. All partnerships, corporations, business trusts or other legal entities ap plying for a license under the provisions of this Act shall maintain a permanent office within the State and shall have a partner or officer of the partnership, corporation, business trust or other legal entity who is a legal resident of the State of Georgia. The failure of any part nership, corporation, business trust or other legal entity to maintain a permanent office within the State of Georgia or to have a partner or officer who is a legal resident of Georgia shall be a violation of this Act and, after hearing, the board may revoke or suspend the license of any such partnership, corporation, business trust or other legal
entity.

Section 6. Licenses shall expire annually at midnight on July 1. Fai'ure to renew a license during the month of June immediately preceding its expiration sha1 ! cause the license to become inoperative. Thereafter, it shall be unlawful for any person to engage, or offer to engage, or hold himse^ out as engaging in contracting under the license unless such license is restored or reissued. A license which is inopera tive because of failure to renew sha1 ! be restored on payment of the proper renewal fee, if the application for restoration is made within 90 days after July 1. If the application for restoration is not made within the 90-day period, the fee for restoration shall be equal to the original application fee and, in addition, the board may require reexamination of the applicant.

Section 7. The initial application fee for a license and the fee for the annual renewal of licenses shall be $50. The fee for a limited and restricted exemption certilicate sha1 ! be $50. The board shall be au thorized to issue certified copies of license, and the fee for such copies shall be $5 per copy. Any funds received by the board from such fees shall be paid into the general funds of the State.

982

JOURNAL OP THE HOUSE,

Section 8. (a) All information required by the board of any appli cant for a license shall be a matter of public record, except financial information and examination grades, which shall remain confidential and which shall not be discussed with any person except members of the board and its staff. An applicant for a license shall be entitled to see his examination papers and grades.

(b) If the holder of a license changes his name style, address or employment from that which appears on his current license, he shall notify the board of the change within 30 days after it occurs.

(c) All examinations shall be retained for a period of five years from the date of the examination.

Section 9. (a) It shall be unlawful for any person or business organization to engage in the business or act in the capacity of a con tractor without having been duly licensed or certificated by the board under the provisions of this Act.

(b) Any person or business organization who violates any provision of this Act or commits any of the acts constituting a cause for dis ciplinary action as set forth in this Act shall be guilty of a mis demeanor and, upon conviction, shall be punished as for a misdemeanor.
Section 10. (a) On its own motion or on the verified written com plaint of any person, the board may investigate the action of any con tractor licensed or certificated under this Act and may hold hearings pursuant to the provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. The board may take appropriate disciplinary action if the contractor is found to be guilty of or has committed any one or more of the acts or omis sions constituting cause for disciplinary action as set forth in this Act or adopted as rules and regulations by the board.
(b) The following acts shall constitute cause for disciplinary action:
(1) Willful or deliberate disregard and violation of the ap plicable building codes or laws of this State or of any county or municipality.

(2) Aiding or abetting any unlicensed person or business organization to evade any provision of this Act.

(3) Knowingly and willfully combining or conspiring with an unlicensed person or business organization by allowing one's license to be used by any unlicensed person or business organization with intent to evade the provisions of this Act. When the holder of a license allows his license to be used by one or more companies without having any active participation in the operations, manage ment, or control of said companies, such act shall constitute prima facie evidence of an intent to evade the provisions of this Act.
(4) Acting in the capacity of a contractor under any license

TUESDAY, FEBRUARY 20, 1973

983

issued under the provisions of this Act except in the name of the license holder as set forth on the issued license, or in accordance with the personnel of the license holder as set forth in the applica tion for the license, or as later changed as provided in this Act.

(5) Diversion of funds or property received for prosecution or completion of a specified construction project or operation where as a result of the diversion the contractor is or will be unable to fulfill the terms of his obligation or contract.

(6) Failure in any material respect to comply with the pro visions of this Act.

(c) The board is authorized to take the following disciplinary action:

(1) Suspend the license holder from all operations as a con tractor during such period as may be fixed by the board, but the board shall permit the license holder to complete any contracts then uncompleted.

(2) Revoke a license.

(3) Impose a civil penalty not to exceed $500, which shall be recoverable by the board only in an action at law.

(d) After suspension of a license on any ground set forth in this Section, the board may remove the suspension on proof of compliance by the contractor with all conditions prescribed by the board for removal of suspension or, in the absence of such conditions, as in the sound discretion of the board.

(e) After revocation of a license, the license shall not be renewed or reissued for at least one year following revocation. In such cases the license may be renewed or reissued only on a showing of rehabilitation of the contractor.

(f) The lapse or suspension of a license by operation of law or by order of the board or a court, or its voluntary surrender by a license holder shall not deprive the board of the jurisdiction to investigate or act in disciplinary proceedings against the holder of such license.

(g) The filing of a petition in bankruptcy, either voluntarily or in voluntarily, or the making of a composition of creditors or the appoint ment of a receiver of the business of the license holder may be con sidered by the board as just cause for suspension of a license,
(h) The board is hereby authorized to seek, and the courts of this State are hereby authorized to grant, injunctions and restraining orders to prevent or restrain any violation of this Act.
Section 11. (a) In addition to contractors performing work for private individuals, companies, or organizations, this Act shall apply

984

JOURNAL OF THE HOUSE,

to any contractor performing work for the State, any county or any muinicipality. The State, any county or municipality shall determine compliance with this Act before giving a commencement order on any contract for construction, improvement, remodeling, or repair.

(b) If an incomplete contract exists at the time of death of a contractor, the contract may be completed by any person even though such person is not licensed. Such person shall notify the board within 30 days after the death of the contractor of his name and address. For the purposes of this subsection, an incomplete job or contract is one which has been awarded to, or entered into by, the contractor before his death or on which he was the successful bidder and the contract is subsequently awarded to him, regardless of whether any actual work as commenced under the contract before his death.

(c) The provisions of this Act shall not be construed to permit a contractor to perform any electrical, plumbing, or other work for which a license is required by the laws of this State unless such contractor holds such license or licenses as may be required by law.

Section 12. The board may receive an application on prescribed forms with supporting data and, upon a finding of fact supporting the need or justification, the board may grant a limited and restricted ex emption certificate to a contractor not domiciled in the State for one project. A renewal of such application or exemption certificate shall not be granted. During construction under such exemption certificate the board shall have complete authority to require compliance with the Act and with the other laws of the State.

Section 13. This Act shall not apply to:

(a) Contractors doing work on bridges, roads, streets, highways, railroads, or utilities and services incidental thereto.

(b) A subcontractor or specialty contractor whose work is limited to a specific phase of construction and whose responsibility is likewise limited to that particular phase of the construction.

(c) Employees of any person engaged in contracting who are sub ordinates of such person who is licensed to engage in contracting if the employees do not hold themselves out for hire or engage in contracting except as an employee.
(d) An authorized employee of the United States, the State of Georgia, or any county, muinicipality, board of education, district or political subdivsion of the State as long as the employee does not hold himself out for hire or otherwise engage in contracting, except in accordance with his employment.
(e) An officer appointed by the court when such officer is acting within the scope of his office as defined by law or court order. When construction projects which were not under way at the time of appoint ment of the officer by the court are undertaken, he shall employ or contract with a license holder.

TUESDAY, FEBRUARY 20, 1973

985

(f) Public utilities on construction, maintenance, and development work performed by their forces and incidental to their business.

(g) The sale or installation of any finished products, materials, or artciles of merchandise which are not actually fabricated into and do not become a permanent fixed part of the structure.

(h) Owners of property building or improving one or two-family residences thereon for the occupancy of such owners and not offered for sale. In all actions brought under this Act, proof of the sale or offering for sale of more than one such structure by the owner-builder within one year after completion of the same shall be prima facie evidence that such structure was undertaken for purposes of sale.

(i) Any construction, alteration, improvement, or repair carried on within the limits of any site, the title to which is in the United States, nor to any construction, alteration, improvement, or repair on any project where federal law supersedes or preempts this Act.

(j) Any work or operation of a casual, minor, or inconsequential nature in which the aggregate contract price for labor, materials, and all other items is less than $500, but this exemption shall not apply:
(1) When the construction, repair, remodeling, or improve ment is a part of a larger or major operation whether undertaken by the same or a different contractor or in which a division of the operation is made in contracts of amounts less than $500 for the purpose of evading this Act or otherwise.
(2) To a person who advertises or exhibits by any manner or device which might indicate to the public that he is a contractor or otherwise represents that he is qualified to engage in contracting.
(k)Any construction or operation incidental to the construction or repair of irrigation and drainage ditches or regular constituted irriga tion districts, reclamation districts, or clearing or other work on the land in rural areas for fire prevention purpose or otherwise except when performed by a license holder under this Act.
(1) A registered architect, professional engineer, or residential de signer acting in his professional capacity or any person otherwise exempted by law.
(m) Any person who frunishes materials or supplies only without fabricating them into or consuming them in the performance of the work of the contractor.

Section 14. Any other provision of this Act to the contrary not withstanding, the board is hereby authorized to issue a license, without the necessity of an examination but upon the payment of the proper application fee, to any application who shall submit satisfactory evidence of registration or certification in another state or territory having a Contractors Licensing Act, if the qualifications prescribed

986

JOURNAL OP THE HOUSE,

at the time such license or certification was issued by the other state or territory were equal to or greater than the requirements prescribed by the Georgia Contractors Licensing Board at the time appli cation is made to the board and provided such state or territory affords similar reciprocity to license holders under this Act. Such application shall be accompanied by such documentation and information as shall be prescribed by the board. The board is further authorized to prescribe such rules, regulations, conditions or limitations on the issuance of such licenses as the board, acting in its sole discretion, shall deem appropriate
or desirable.

Section 15. The Joint-Secretary shall be secretary of the board, and in addition to his powers and duties as prescribed by Code Chapter 84-1, as amended, he shall perform such other administrative duties as may be prescribed by the board. In any contested case, the Joint-Secretary, on behalf of the board, shall have the power to subpoena, throughout the State, witnesses, designated documents, papers, books, accounts, letters, photographs, objects or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the Joint-Secretary at his office in Atlanta, Georgia. All official records of the board, or affidavits by the Joint-Secretary certifying the content of such records shall be prima facie evidence of all matters required to be kept therein. Any other pro vision of this Section to the contrary notwithstanding, the provisions of Code Section 84-104, relating to the biennial issuance of licenses and cer tificates, shall not be applicable to licenses and certificates issued by the Georgia Contractors Licensing Board under the provisions of this Act.

Section 16. The provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, are hereby specifically made applicable to the Georgia Contractors Licensing Board created by this Act.

Section 17. This Act shall become effective on July 1, 1974.

Section 18. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Mr. Horton of the 56th moves to amend HB 113, by substitute, by striking the entire sentence beginning on line 352 and extending through line 356.

Mr. Horton of the 56th moves to amend HB 113, by substitute, by substituting in line 235 after the word made and substituting a period and by striking the rest of line 235 after the word made and by striking lines 236 through figure 1974 in line 242.

Mr. Dollar of the 63rd moves to amend HB 113, by substitute, by adding sec-

TUESDAY, FEBRUARY 20, 1973

987

tion (n) on page 18, following line 7, as follows: "Any person who builds for sale four or less residential dwellings in one year".

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, Marvin Atherton Beckham Berlin Berry Brown, C. Brown, S. P. Buck Burton Carr Coney Daugherty Davis, E. T. Dickey Dollar Duke

Evans Fraser Grahl Hamilton Hill, G. Howard Hutchinson Kreeger Lane, W. J. Lee, W. J. (Bill) Levitas Matthews, D. R.
Mauldin McDaniell Milford Morgan

Moyer Nix Noble Patten, G. C. Pearce Petro Pinkston Roach Rush Sams Thomason
Waddle Wheeler, J. A. Whitmire Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams, G. D., Jr. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Busbee

Carlisle Castleberry Clark Coleman Collins, M. Collins, S. Colwell Connell Dean, Gib Dent Dixon
Dorminy Edwards Egan Elliott

Ellis Farrar Floyd, L. R. Foster Geisinger Gignilliat Grantham Groover Harden
Harrington Harris, J. R. Hays Hill, B. L. Horton, G. T. Horton, W. L.

988
Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S. Lewis Lowrey Marcus

JOURNAL OP THE HOUSE,

Matthews, C. McDonald McKinney Mulherin Mullinax Northcutt Odom Patten, R. L. Patterson Rainey Ritchie Rogers Russell, J. Russell, W. D. Savage Shanahan Smith, J. R. Smith, V. B.

Snow Stephens Strickland Sweat Toles Triplett Tucker Turner Twiggs Walker Wall Ware Wheeler, Bobby Williams Willis Wilson, M. L.

Those not voting were Messrs.:

Bostick Brantely, H. L. Burruss Carrell Chance Cole Davis, W.
Dean, J. E.
Dean, N.
Ezzard
Floyd, J. H.
Greer

Harris, J. P. Harrison Hawes Irwin King Logan Mason
McCracken
Miles
Murphy
Nessmith
Oxford

Peters Phillips, G. S. Phillips, L. L. Reaves Ross Shepherd Thompson
Townsend
Vaughn
Wamble
Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 48, nays 97.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Adams of the 74th stated that due to a mechanical malfunction, his vote was not properly recorded. He wished to be recorded as voting "nay" on HB 113, by substitute, as amended.

Mr. McDaniell of the 20th 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 113, by substitute, as amended.

TUESDAY, FEBRUARY 20, 1973

989

HB 237. By Messrs. Ware, Mullinax and Knight of the 65th:
A Bill to be entitled an Act to provide that a person may produce wine in volumes which do not exceed 200 gallons in any one calendar year to be consumed within his household without any requirement to be licensed for such purpose; and for other purposes.

Mr. Groover of the 75th moved that inasmuch as HB 237 was engrossed, thus preventing the offering of amendments thereto without subsequent recommittal, that said Bill be recommitted to the Committee on Temperance for further study and thereby permitting the possibility of amending if and when the said Bill is again favorably reported.
On the motion to recommit, 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 Atherton Berlin Blackshear Brantley, H. H. Brantley, H. L. Brown, S. P. Burruss Burton Busbee Carlisle Carr Chance Clark Cole Coleman Collins, M. Davis, E. T. Davis, W. Dean, Gib Dixon Dollar Dorminy Duke Edwards Egan Evans Floyd, J. H. Foster Fraser Grahl Grantham

Greer Groover Harden Harris, J. F. Hays Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jordan Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, D. R. McKinney Miles Moyer Nessmith Northcutt Odom Patten, R. L. Phillips, G. S.

Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Doss Rush Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Tucker Turner Waddle Walker
Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

990

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Adams, J. H. Alien Bailey Beckham Bennett Berry Bond Bray Brown, C. Buck Castleberry Collins, S. Coney Connell Daugherty Dean, N. Dickey

Elliott Ellis Parrar Geisinger Gignilliat Hamilton Harrington Harris, J. R. Hill, B. L. Horton, G. T. Johnson Jones Keyton King Knight Lee, W. J. (Bill) Logan

Matthews, C. Mauldin McDaniell Milford Mulherin Mullinax Nix Noble Pearce Petro Roach Russell, J. Russell, W. D. Triplett Wall Ware

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Bohannon Bostick Brown, B. D. Carrell Colwell Dean, J. E. Dent Ezzard

Floyd, L. R. Harrison Hawes Howell Irwin Mason McCracken McDonald Morgan Murphy

Oxford Patten, G. C. Patterson Peters Shepherd Twiggs Vaughn Wamble Mr. Speaker

On the motion, the ayes were 101, nays 50.

The motion prevailed and HB 237 was recommitted to the Committee on Temperance.

HB 361. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to change the provisions relative to the allotment of funds for free text books consumable instructional materials and supplies and for library books and nonconsumable teaching materials and aids; and for other purposes.

The following Committee amendment was read and adopted:

TUESDAY, FEBRUARY 20, 1973

991

House Education Committee moves to amend H. B. 361 as follows:

Line 16 on page 1 delete the word "needed" and insert the words "to be received".

Line 24 on page 1 after the word "11" add "and 20",
Line 3 on page 2 after the word "Textbooks" add the words "and Instructional materials."

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

On the passage of the Bill, the 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 Bailey Beckham Berlin Berry Blackshear Bohannon Bond Brantley, H. M. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark

Cole
Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.
Dickey Dollar Dorminy Duke Edwards Egan Evans Farrar Foster Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton

Harden Harrington Harris, J. R. Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan
King Knight Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Logan Marcus

992
Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Moyer Mullinax Nessniith Nix Patten, R. L. Patterson Pearce Petro

JOURNAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shananan Smith, J. R. Snow Strickland

Sweat Thomason Thompson Toles Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Williams Wilson, J. M.

Those voting in the negative were Messrs.

Dixon Floyd, J. H. Fraser Harris, J. F.

Keyton Lane, W. J. Lee, W. S. Lowrey

Odom Smith, V. B. Whitmire Wood

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Bennett Bostick Bray Burton Collins, M. Daugherty Dent Elliott Ellis Ezzard Floyd, L. R. Harrison

Hawes Hill, G. Hutchinson Irwin Larsen, G. K. Mason McCracken Miles Morgan Mulherin Murphy Noble Northcutt Oxford

Patten, G. C. Peters Reaves Ritchie Savage Shepherd Stephens Townsend Vaughn Wamble Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 126, nays 12.

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

Due to mechanical failure, the vote of Mr. Triplett of the lllth was not recorded.

TUESDAY, FEBRUARY 20, 1973

993

Messrs. Wood and Whitmire stated that they had inadvertently voted "nay" but intended to vote "aye" on the passage of HB 361, as amended.

Mr. Floyd of the 5th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 361, as amended.

HR 117-444. By Messrs. Bennett, Reaves and Patten of the 124th:
A resolution designating a certain portion of Georgia Highway 122 as "The Sheriffs' Boys' Ranch Road"; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Res olution, 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carrell Castleberry

Carr Chance Clark Cole Coleman Collins, M.
Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey
Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R.

Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. P.
Harris, J. R.
Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Irvin, J. Irvin, R. Jessup Johnson
Jones Jordan Keyton King Knight

994
Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax

JOURNAL OF THE HOUSE,

Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Smith, J. R.

Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Burton Daugherty Dean, Gib Ezzard Harrison Hawes Hill, G.

Howard Hutchinson Irwin Mason McCracken Morgan Murphy Patten, G. C.

Peters Russell, W. D. Savage Shepherd Townsend Vaughn 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.
HB 505. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to amend the "Georgia Public Assistance Act of 1965", so as to provide criminal penalties for fraud in obtaining food stamps and medical assistance (medicaid) ; and for other purposes.
The following Committee amendment was read and adopted.

TUESDAY, FEBRUARY 20, 1973

995

The House Committee on Human Relations moves to amend House Bill 505 as follows:

By adding to last line of Section 1 Paragraph (a) the following: "and sen tenced from 1 to 3 years".

The following amendment was read and adopted:

Mr. Morgan of the 70th moves to amend HB 505 by adding after the word "knowingly" on line 19, page 1 the words "or intentionally".

By deleting the words "aids and abets" on line 1, page 2.

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, J. H. Adams, John Adams, Marvin Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr

Carrell Castleberry Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dickey Egan Elliott Ellis
Dean, N. Dixon Dollar Dorminy Duke Edwards

Evans Parrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington
Harris, J. F. Harris, J. R.
Hays Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson
Irvin, R.

996
Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford

JOURNAL OF THE HOUSE,

Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D.
Sams Shanahan

Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear Bond

Brown, B. D. Clark Dean, J. E.

Dent Hamilton Hill, B. L.

Those not voting were Messrs.:

Alexander, W. M. Brantley, H. L. Daugherty Ezzard Fraser Harrison Hawes Horton, W. L.

Irvin, J. Irwin Keyton McCracken McDonald Morgan Murphy Patten, G. C.

Peters Savage Shepherd Townsend Vaughn Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 9.

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

TUESDAY, FEBRUARY 20, 1973

997

Mr. Connell of the 80th 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.

JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, February 21, 1973
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. J. Howard Cobble, Pastor, Taber nacle Baptist Church, Carrollton, Georgia:
O Lord of our lives, Whose laws we must keep and Whose fellowship we need: we bow before Thee as another day's work begins.
We are thankful for this day, for its beauty and brightness, for the hours it gives waiting to be filled with work benefiting the people of this great State; for the opportunities it brings to make life more comfortable for the poor, more meaningful for the comfortable, more dignified for the downtrodden and more beautiful for us all.
Grant that these representatives may not break faith with their promises. Enlighten them with a vision that will give them the power to see beyond today into tomorrow.
O God, continue to bless us with freedom.
Let these legislators be aware of the seriousness of their tasks in light of the many important issues. In the name of Jesus Christ we pray,
AMEN.
By unanimous consent, the call of the roll was dispensed with.
Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

WEDNESDAY, FEBRUARY 21, 1973

999

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 812. By Messrs. Egan of the 25th, Harris of the 51st and Levitas of the 50th.
A Bill to be entitled an Act to amend an Act relating to the change of age of majority, so as to provide for the construction and clarification of the Act; and for other purposes.
Referred to the Committee on Judiciary.

HB 813. By Messrs. Roach, Harris and Thomason of the 8th: A Bill to be entitled an Act to amend the Cherokee County Water Au thority Act, so as to delete therefrom the limitation on the amount of outstanding bonds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 814. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to be entitled an Act to provide for the numbering of positions of membership on the Cherokee County Board of Education; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 815. By Messrs. Dean of the 17th, Phillips of the 103rd, Nessmith of the 76th, Lowrey of the 15th, Mauldin of the 13th, Matthews of the 122nd, Toles of the 16th and Adams of the 14th: A Bill to be entitled an Act to amend an Act establishing soil and water

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conservation districts, so as to change the composition of the Advisory Committee; and for other purposes.
Referred to the Committee on Natural Resources.

HB 816. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Chapter 88-14, relating to the practice of midwifery, so as to authorize the Department of Human Resources to adopt regulations exempting certain nurses from the cer tification requirements of said Code Chapter; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 817. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Chapter 88-3, the Georgia Health Code, so as to change the provisions relating to the appellate procedure to be followed by any person aggrieved or adversely affected by any final order or action of a county board of health or agency of the Department of Human Resources; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 818. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Fayette County upon an annual salary, so as to change certain of the provisions relative to the sheriff's automobiles; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 819. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Fayette County, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the tax com missioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 820. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Fayette County upon an annual salary, so as to delete therefrom the minimum compensation which shall be paid to cer tain employees of the clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 821. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Fayette County upon an annual salary, so as to delete therefrom the minimum compensation which must be paid to certain employees of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 822. By Messrs. Bennett of the 124th and Bostick of the 123rd:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the waiver of indictments and the trial of defendants upon accusation so as to provide that defendants who consent thereto may plead guilty to capital felonies without necessity of being indicted by a grand jury; and for other purposes.
Referred to the Committee on Judiciary.

HB 823. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to authorize the judges of said circuit to employ three full-time official court re porters; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 824. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to create the office of Court Administrator of the Superior Court of Clayton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 825. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the compensation of the sheriff, his deputy, and his secretary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 826. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Lanier County, so as to change the compensation of the

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tax commissioner; to provide compensation for any additional clerical help; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 827. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the ordinary of Lanier County and providing in lieu thereof an annual salary, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 828. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Lanier County Attorney, so as to change the compensation of the Lanier County Attorney; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 829. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lanier County and providing in lieu thereof an annual salary, so as to change the com pensation of the clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 830. By Messrs. Elliott of the 49th, Savage of the 30th, Atherton of the 19th, Larsen of the 27th, Harris of the 51st and Petro of the 46th:
A Bill to be entitled an Act to provide that used motor vehicle sales are to be covered by warranties issued to the consumer by the used motor vehicle dealer; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 831. By Mr. Savage of the 30th r
A Bill to be entitled an Act to amend Code Chapter 84-7, relating to the practice of dentistry, so as to provide for the Board of Dental Ex aminers of Georgia to be independent and have no connection with the Joint-Secretary, State Examining Boards; and for other purposes.
Referred to the Committee on Health and Ecology.

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HB 832. By Mr. Savage of the 30th:
A Bill to be entitled an Act to amend Code Chapter 89-9, relating to miscellaneous provisions concerning public officers and employees, so as to provide for certain elected state officials to file annual statements of income; and for other purposes.
Referred to the Committee on State of Republic.

HR-204-832. By Messrs. Brown and Carlisle of the 67th: A Resolution relieving the sureties on certain bonds within certain courts of Spalding County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 205-832. By Mr. Morgan of the 70th: A Resolution proposing an amendment to the Constitution so as to create the City of Covington Parking Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 833. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend Code Section 13-203.1 relating to bank offices and bank facilities, so as to provide that the commissioner of the Department of Banking and Finance may determine population requirements according to official census data; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 834. By Messrs. Davis of the 85th and Beckham of the 82nd:
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 835. By Mr. Grahl of the 88th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, so as to change the provisions relative to the compensation of said clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 836. By Mr. Grahl of the 88th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court for Crawford County, so as to change the provisions relative to the jurisdiction of said court, court costs and contempt of court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 837. By Messrs. Wheeler of the 127th, Burton of the 47th, Rogers of the 128th and Duke of the 20th:
A Bill to be entitled an Act to amend an Act establishing special edu cational facilities for exceptional children so as to provide for the im plementation of a program for such children; and for other purposes.
Referred to the Committee on Education.

HB 838. By Mr. Dixon of the 126th: 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 change the effective date of certain provisions of said 1972 amendatory Act; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 839. By Messrs. Whitmire, Wood and Williams of the 9th: A Bill to be entitled an Act to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial ex penses for paupers in certain counties (population not less than 56,000 nor more than 60,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 206-839. By Mr. Fraser of the 117th: A Resolution compensating Mrs. Hazel McCrae; and for other purposes.
Referred to the Committee on Appropriations.
HB 840. By Mr. Edwards of the 95th: A Bill to be entitled an Act to amend an Act creating the State Build ing Administrative Board, so as to provide that the State Codes promul gated by the Board shall apply in certain jurisdictions; and for other purposes.
Referred to the Committee on State Institutions & Property.

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HB 841. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Section 23-1101, relating to the election, commissions, qualifications and removal of county surveyors, so as to provide that the requirement that every person holding the position of county surveyor shall be a qualified licensed surveyor shall not apply to cetrain surveyors; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 842. By Messrs. Morgan of the 70th, Bennett of the 124th, Tucker of the 69th and Snow of the 1st:
A Bill to be entitled an Act to amend the "Georgia Youthful Offender Act of 1972", so as to redefine a certain term; to clarify certain pro visions relating to the sentencing of defendants under this Act; and for other purposes.
Referred to the Committee on Human Relations.
HB 843. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the provisions re lating to the employment of deputies and other personnel by the sheriff and the compensation of such deputies and personnel; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 844. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, so as to change the provisions relating to the employment of assistants and other clerical help by the tax commis sioner and the compensation of such assistants and clerical help; to provide for an annual audit of the tax commissioner's office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 845. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, so as to change the compensation of the clerk and ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 846. By Messrs. McDaniell of the 20th, Howard of the 19th, Nix and Duke of the 20th:
A Bill to be entitled an Act to amend Code Section 68-221, relating to the time within which non-residents must purchase license plates, so as to require nonresidents to purchase license plates immediately under certain conditions; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 847. By Messrs. McDaniell of the 20th and Howard of the 19th:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways, so as to provide minimum speed limits upon certain highways under certain conditions; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 848. By Messrs. Carlisle of the 67th, Buck of the 87th, Bailey of the 68th, Northcutt of the 68th, Knight of the 65th, Lee of the 68th, Brown of the 67th and Johnson of the 68th:
A Bill to be entitled an Act to amend Code Chapter 68-1, relating to licenses, so as to add a new Code Section 68-101.1 defining the term "motorized cart"; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 849. By Messrs. Carlisle of the 67th, Buck of the 87th, Bailey of the 68th, Northcutt of the 68th, Knight of the 65th, Lee of the 68th, Brown of the 67th and Johnson of the 68th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to define "motorized cart"; to authorize local governing authorities to designate certain streets and highways for use by motorized carts; to exempt motorized carts from motor vehicle inspection requirements and vehicle equipment require ments; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 850. By Messrs. Rainey of the 115th, Jessup of the 102nd, Dorminy of the 115th, Coleman of the 102nd, Larsen of the 102nd and Hudson of the 115th:
A Bill to be entitled an Act to fix the terms of the Superior Courts of the Cordele Judicial Circuit; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legsliation.

HB 851. By Messrs. Rainey of the 115th, Jessup of the 102nd, Dorminy of the 115th, Coleman and Larsen of the 102nd and Hudson of the 115th:
A Bill to be entitled an Act to amend an Act placing the official court

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reporter of the Cordele Judicial Circuit on an annual salary, so as to change the compensation of the official court reporter; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 852. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Geor gia Health Code", so as to authorize the Department of Human Re sources to adopt public health regulations governing the development, sale, and certain uses of subdivided lands applicable on a State-wide basis; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 853. By Messrs. Cole of the 6th and Noble of the 48th:
A Bill to be entitled an Act to regulate the use of explosives in certain blasting operations; and for other purposes.
Referred to the Committee on Industry.
HB 854. By Messrs. Cole of the 6th and Noble of the 48th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to make more explicit reference to current classes of drivers' licenses; to provide for a four-year license; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 855. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, so as to prohibit the operation of vehicles on the roads and highways unless such vehicles are covered so as to prevent any spillage in such a manner as to create a safety hazard; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 207-855. By Messrs. Russell of the 53rd, Farrar of the 52nd, Lambert of the 97th, Wall of the 61st, Carrell of the 71st, Floyd of the 5th, Hudson of the 115th and Grantham of the 127th:
A Resolution proposing an amendment to the Constitution so as to provide the General Assembly shall provide by law the powers the State Board of Pardons and Paroles shall have to grant reprieves, pardons and paroles to commute penalties, to remove disabilities imposed by law and to remit parts of sentences; and for other purposes.
Referred to the Committee on Judiciary.

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HR 208-855. By Messrs. Wilson and Atherton of the 19th, Nix, Duke and McDaniell of the 20th and Kreeger of the 21st:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cohb County school district, for residents of Cobb County who are 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.

HB 856. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hiram, so as to change the maximum compensation of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 857. By Messrs. Murphy of the 18th and Smith of the 91st:
A Bill to be entitled an Act to repeal an Act entitled "An Act to require the State Department of Public Health to promulgate rules and regula tions providing for eye and dental examinations for students;" and for other purposes.
Referred to the Committee on Health and Ecology.

HB 858. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend the "Georgia Public Assistance Act of 1965", so as to provide for the coverage of chiropractic services; and for other purposes.
Referred to the Committee on Human Resources.

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

HB 758. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating the office of county treasurer for the County of Webster, so as to change the com pensation of the Treasurer; and for other purposes.

HB 759. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the office of

WEDNESDAY, FEBRUARY 21, 1973

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county tax commissioner of Webster County, so as to change the com pensation of the tax commissioner; and for other purposes.

HB 760. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Webster County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 761. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Webster County, so as to change the compensation of the Commissioner; and for other purposes.

HB 762. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Lumpkin, so as to eliminate the prohibitions against the use of funds of the City to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city; and for other purposes.

HB 763. By Mr. Lee of the 114th:
A Bill to be entitled an Act to amend Code Section 26-506, relating to multiple prosecutions for same conduct, so as to provide that when several crimes arising from the same conduct are prosecuted in a single prosecution, a verdict or verdicts of not guilty shall not affect the legality of a verdict of guilty of any other crime; and for other purposes.

HB 764. By Messrs. Beckham of the 82nd, Miles of the 79th, Dent of the 78th, Connell of the 80th, Mulherin of the 81st and Sams of the 83rd:
A Bill to be entitled an Act to provide for a board of elections in certain counties (population of not less than 145,000 and not more than 165,000) ; and for other purposes.

HB 765. By Messrs. Lewis and McCracken of the 77th, Nessmith and Lane of the 76th: A Bill to be entitled an Act to provide for the method of appointing successors to the present members of the Burke County Hospital Au thority; and for other purposes.
HB 766. By Messrs. Colwell and Twiggs of the 4th: 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

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relative to the compensation of the sheriff's deputies; and for other purposes.

HB 767. By Messrs. Rogers and Harden of the 128th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Glynn County upon an annual salary, so as to provide for additional personnel within the sheriff's office; to change the compensation of the sheriff and certain personnel within the sheriff's office; and for other purposes.

HB 768. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, so as to increase the salaries of the clerk and the deputy clerks; and for other purposes.

HB 769. By Messrs. Rogers and Harden of the 128th:
A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, so as to provide for the number and selection of jurors in said court; and for other purposes.

HB 770. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Metter, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 771. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Butts County, so as to change the compensation of said tax commissioner; and for other purposes.

HB 772. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County, so as to change the compensation of the commissioners; and for other purposes.

HB 773. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
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 provisions relating to deputy sheriffs; and for other purposes.

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HB 774. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for butts County, so as to change the method of selecting a chairman of said board; and for other purposes.

HB 775. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 776. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Talbot County on an annual salary, so as to change the expense allow ance of the sheriff; and for other purposes.

HR 200-776. By Mr. Bray of the 66th:
A Resolution authorizing the conveyance of certain real property lo cated in Meriwether County; and for other purposes.

HB 777. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to provide for a board of elections in certain counties ( population of not less than 66,000 and not more than 73,000) ; and for other purposes.

HB 778. By Mr. Noble of the 48th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, so as to authorize and direct the Board of Natural Resources to promulgate rules and regulations governing the outer clothing to be worn by persons hunting; and for other purposes.

HB 779. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to the qualifications for mayor; and for other purposes.

HR 201-779. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Resolution authorizing and directing the State Librarian to furnish

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certain law books to the judge and district attorney of the Superior Court of the Gwinnett Judicial Circuit; and for other purposes.

HB 780. By Messrs. Walker of the 100th, Moyer of the 99th and Waddle of the 98th:
A Pill to be entitled an Act to provide for a board of elections in certain counties (population of not less than 60,000 and not more than 65,000) ; and for other purposes.

HB 781. By Messrs. Dorminy and Rainey of the 115th, Nessmith and Lane of the 76th and Hutchinson of the 114th:
A Bill to be entitled an Act to amend Code Section 92-111, relating to ad valorem tax for sinking fund for retirement of State bonds and to meet appropriations, so as to reduce the aggregate State ad valorem property tax levy to 0 mills; and for other purposes.

HB 782. By Mr. Lee of the 68th:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize volunteer firemen to operate certified emergency private motor vehicles with flashing or revolving red lights; and for other purposes.

HB 783. By Messrs. Nessmith of the 76th, Collins of the 122nd, Lowrey of the 15th, Lane of the 76th, Lewis of the 77th, Mauldin and Milford of the 13th, Brantley of the 92nd, Jordan of the 58th, Floyd of the 5th and Egan of the 25th:
A Bill to be entitled an Act to provide the procedure for showing the number of copies and approximate cost of certain printings; and for other purposes.

HB 784. By Messrs. Howard of the 19th, Pinkston of the 89th, Groover of the 75th, Williams of the 9th, Bostick of the 123rd, Lane of the 76th, Snow of the 1st, Kreeger of the 21st, Duke, McDaniell and Nix of the 20th and Hays of the 1st:
A Bill to be entitled an Act to repeal Chapter 61-4 of the Code; to pro vide that landlords shall have power to distrain for rents; to provide procedure for distress warrant applications; to provide payment of rent as a defense to distress warrant proceedings; to provide for execution and levy of distress warrant upon goods and property; and for other purposes.

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HB 785. By Messrs. Jones of the 109th, Alien of the 108th, Triplett of the lllth, Gignilliat of the 105th, Ellis of the 107th, Chance of the 112th and Blackshear of the 106th:
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 nine commissioners of Chatham County and ex officio judges, one of whom shall be the chairman thereof; and for other purposes.

HB 786. By Messrs. Evans, Coney, Brown and Pinkston of the 89th:
A Bill to be entitled an Act to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official, department or agency head must be introduced in the General Assembly during the first ten days, so as to provide for exceptions; and for other purposes.

HB 787. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen, so as to delete the provisions authorizing the Board of Commissioners to fix their compensation and to establish in lieu thereof the compensation to include the Mayor and Vice Mayor: and for other purposes.

HB 788. By Messrs. Adams of the 36th and Lane of the 40th:
A Bill to be entitled an Act to provide that in certain counties of this State (population of 600,000 or more) the governing authority of such counties shall have the right to impose additional taxes upon the sale of alcoholic beverages; to provide that such tax shall be in addition to all other taxes now authorized by law; and for other purposes.

HB 789. By Mr. Adams of the 84th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, so as to provide that all elections in said city shall be conducted in conformity with the Georgia Municipal Election Code; to change the terms of office of the Mayor and Council; and for other purposes.

HB 790. By Mr. Davis of the 56th:
A Bill to be entitled an Act to amend an Act providing for a board of elections in certain counties of this State (population of more than 400,000 and less than 600,000), so as to change certain provisions rela tive to said Act; and for other purposes.

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HB 791. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend "An Act to amend the Charter of the Town of Athens", so as to provide a Civil Service Commission for the City; and for other purposes.

HB 792. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amenda tory thereof", so as to authorize and empower the Mayor and Council of the City of Athens to own, maintain, control, and operate a public transportation system in the City of Athens; and for other purposes.

HB 793. By Messrs. Matthews, Russell and Logan of the 62nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Winterville, so as to empower the mayor and council of said city to elect such person as they deem desirable to preside over the police court established by said city and to impose fines and im prison offenders for breaking the laws and ordinances; and for other purposes.

HB 794. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Duke and Nix of the 20th, Atherton of the 19th and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking down of criminal felony cases; and for other purposes.

HB 795. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Nix and Duke of the 20th, Atherton of the 19th and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to authorize the judges of said state court to employ full time official court reporters; and for other purposes.

HB 796. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Burruss of the 21st, Murphy of the 18th and Atherton of the 19th:
A Bill to be entitled an Act to provide that the Commissioner of Paulding County may establish fire prevention districts; to provide for an election for a determination as to a tax levy in such districts; to provide for a referendum; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1973

1015

HB 797. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Burruss of the 21st, Murphy of the 18th and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Paulding County, so as to carry out the purpose of the amendment to Article XV, Section II of the Constitution; and for other purposes.

HB 798. By Messrs. Kreeger of the 21st, Howard, Wilson and Atherton of the 19th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dallas in the County of Paulding, so as to change the powers of the officer of the recorder's court with respect to penalties, contempt provisions and court costs; and for other purposes.
HB 199. By Mr. Rainey of the 115th: A Bill to be entitled an Act authorizing the Commissioner of the Depart ment of Natural Resources to appoint conservation rangers; and for other purposes.
HB 800. By Messrs. Coney, Berlin, Brown and Dickey of the 89th: A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to increase the interest rate for computing the minimum reserves for life insurance and annuity contracts; and for other purposes.
HB 801. By Mr. Miles of the 79th: A Bill to be entitled an Act to provide that it shall be the policy that national banks and banking associations, federal savings and loan associations and loan associations shall be taxed in the same manner as banks organized and chartered under the laws of Georgia and that both shall be taxed in the same manner as other organized for profit; and for other purposes.
HB 802. By Mr. Connell of the 80th: A Bill to be entitled an Act creating a board of commissioners of Rich mond County, so as to provide a penalty for the violation of regula tions relating to animal control; and for other purposes.
HB 803. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to pro vide that any elected official may request that his employees be placed under said merit system; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 804. By Mr. Brown of the 34th:
A Bill to be entitled an Act to amend an Act granting the incorporated municipalities of this State having certain populations (population of more than 300,000) certain basic powers, so as to provide additional powers of the Public Officer; and for other purposes.

HR 203-804. By Mr. Rainey of the 115th: A Resolution compensating Mr. Newel N. Thombley; and for other purposes.
HB 805. By Mr. Hawes of the 43rd: A Bill to be entitled an Act to authorize any incorporated municipality to impose, levy and collect an excise tax on the sale of meals, so as to delete therefrom any prohibition against imposition, levy and collection of any such excise tax; and for other purposes.

HB 806. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect certain excise taxes; and for other purposes.

HB 807. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect an excise tax on the sale of tickets or other ad mission charges made by any person for events produced for public amusement; and for other purposes.

HB 808. By Messrs. Irvin of the 23rd, Larsen of the 27th and Russell of the 53rd:
A Bill to be entitled an Act to amend the "Revenue Bond Law", so as to expand the definition of "undertaking" to include systems, plants, works, instrumentalities and properties used or useful in connection with the collection, treatment, reuse or disposal of solid waste; and for other purposes.

HB 809. By Mr. Eraser of the 117th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the sheriff, full-time deputy sheriffs, and the clerk of the superior court; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1973

1017

HB 810. By Mr. Praser of the 117th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment and terms of office of members of the Liberty County In dustrial Authority, so as to provide that said Board shall be authorized to levy and collect annual ad valorem tax not exceeding 2 mills for developing and promoting industry; and for other purposes.

HB 811. By Messrs. Irvin of the 23rd, Larsen of the 27th, Hawes of the 43rd, Geisinger of the 44th and Alexander of the 39th:
A Bill to be entitled an Act to amend the "Solid Waste Management Act", so as to authorize the Director of the Division of Environmental Protection to apply to the superior courts of this State for certain injunctive relief; and for other purposes.
SB 15. By Senators Kidd of the 25th, Hamilton of the 26th, Hudgins of the 15th and others:
A Bill to be entitled an Act to amend an Act creating the office of Geor gia Safety Fire Commissioner, so as to change the provisions relating to buildings and structures which constitute a special hazard on account of fire; and for other purposes.
SB 25. By Senators Webb of the llth and 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, and shall permit the defendant to make his own statement, so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other purposes.
SB 40. By Senators Zipperer of the 3rd and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act; and for other purposes.
SB 41. By Senators Zipperer of the 3rd and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, so as to reduce the number of years which a member must have in order to be retired by the board of trustees on disability; and for other purposes.
SB 48. By Senator Johnson of the 38th:
A Bill to be entitled an Act to repeal Chapter 74-3 of the Code of Georgia relating to bastardy proceedings and to amend Code Section

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JOURNAL OF THE HOUSE,

74-9902, so as to provide that in such cases the father of an illegitimate child shall be required to pay the mother's medical expenses incurred in the birth of such child; and for other purposes.

SB 59. By Senators Lester of the 23rd, Hudgins of the 15th, Kidd of the 25th and others:
A Bill to be entitled an Act to provide for the protection of life from smoke, fire, explosion or panic caused from the fear of fire in high-rise buildings; and for other purposes.

SB 73. By Senators McGill of the 24th, McDuffie of the 19th and Ballard of the 45th:
A Bill to be entitled an Act to amend Code Chapter 73-2, relating to the inspection and sale of gasoline, kerosene and other petroleum products so as to provide for civil penalties for the violation of certain laws; and for other purposes.
SB 86. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-1704, so as to add a Section to provide that a dishonored check bearing stamp im pressions, writings, attachments or memorandum of the drawee shall be prima facie evidence against the drawee; and for other purposes.

SB 87. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-2610, by striking subsection A from said Code Section 26-2610, in its entirety, and substitut ing another Subsection A which prevents obscene words which tend to cause a fight, or to deride, offend, or annoy a person or prevent him from pursuing his lawful business or occupation; and for other pur poses.

SB 91. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 9-9903, relating to punishment of unlawful practice of law, so as to change the provisions relative to such punishment; and for other purposes.

SB 158. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 56-13, relating to fees and taxes relative to insurance, so as to provide that the Insurance Commissioner shall promptly pay all fees and licenses and taxes collected under Code Chapter 56-13 into the State Treasury in accordance with Code Section 56-228; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1973

1019

SB 187. By Senators Henderson of the 33rd and Moore of the 56th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to create an office of magistrate; and for other purposes.

SB 219. By Senator Cox of the 21st:
A Bill to be entitled an Act to incorporate cities having certain popula tions in certain counties of this State; and for other purposes.

Mr. Williams of the 9th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 264. Do Pass, by Substitute.
HB 300. Do Not Pass.
HB 678. Do Pass.
HB 27. Do Pass.
HB 321. Do Pass, by Substitute.

HB 427. Do Pass, by Substitute.

HB 353. Do Pass, as Amended.

Respectfully submitted, Kreeger of the 21st, Secretary.

Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 278. Do Pass.
HB 366. Do Pass.

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JOURNAL OF THE HOUSE,

HB 375. Do Pass. HB 421. Do Pass, by Substitute.
Respectfully submitted, Northcutt of the 68th, Secretary.

Mr. Brown of the 67th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology 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 360. Do Pass, by Substitute. Respectfully submitted, Brown of the 67th, Chairman.

Mr. Mullinax of the 65th District, Chairman of the Committee on Industrial Relations, 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 213. Do Not Pass.
HB 259. Do Pass, by Substitute.

HB 680. Do Pass.

Respectfully submitted, Mullinax of the 65th, 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

WEDNESDAY, FEBRUARY 21, 1973

1021

Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 465. Do Pass. HB 67. Do Pass, by Substitute. HB 255. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Rainey of the 115th District, Chairman of the Committee on Recreation, submitted the following report:
Mr. Speaker:
Your Committee on Recreation 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 556. Do Pass. HB 605. Do Pass. HB 397. Do Pass.
Respectfully submitted, Rainey of the 115th, Chairman.

Mr. Howell of the 118th District, Chairman of the Committee on State of Re public, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR

23. Do Pass.

HR 61-191. Do Pass.

HB 618. Do Not Pass.

HR 21- 58. Do Not Pass.

HB 619. Do Not Pass.

HB 187. Do Pass, by Substitute.

HR 83-280. Do Not Pass.

Respectfully submitted,

Howell of the 118th,

Chairman.

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JOURNAL OF THE HOUSE,

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation), submitted the following re port:

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 19. Do Pass, by Substitute.

HB 20. Do Pass, by Substitute.

HB 531. Do Pass, by Substitute.

HB 532. Do Pass.

HB 572. Do Pass.

HB 573. Do Pass.

HB 636. Do Pass.

HB 637. HB 638. HB 639. HB 641. HB 651. HB 653. HB 654. HB 655. HB 656. HB 705.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Lane of the 76th District, Chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:

Your Committee on Temperance 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 737. Do Pass.

HB 561. Do Not Pass.

Respectfully submitted,

Bennett of the 124th,

Secretary.

WEDNESDAY, FEBRUARY 21, 1973

1023

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

HB 531. By Messrs. Bostick and Patten of the 123rd:
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 municipali ties in certain counties shall use the voters registration list of said county; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 34A-501, relating to municipal elector's qualifications, so as to provide that certain munici palities in certain counties shall use the voters registration list of said county; to provide that said counties shall furnish certain information to the municipalities; 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 34A-501, relating to elector's qualifications, is hereby amended by adding to the end thereof the following:
"Provided, however, municipalities which are the county sites of counties having populations of not less than 27,000 and not more than 28,000, according to the 1970 U. S. decennial census, or any such future census, shall not be authorized to maintain their own registration list but shall use the registration list of the county, and such county shall be required to furnish such list to the mu nicipality; provided, further, that any such counties shall be re quired to furnish a list of the registered voters residing within such municipalities to the governing authorities of the municipali ties no later than seven days before any election or primary covered by Code Title 34A is to be held in such municipalities.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

1024

JOURNAL OF THE HOUSE,

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

HB 532. By Messrs. Bostick and Patten of the 123rd:
A Bill to be entitled an Act to provide for a Board of Elections in cer tain counties; and for other purposes.

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

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

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

HB 572. By Messrs. Snow and Hays of the 1st, Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Chicamauga, as amended, so as to change the corporate limits of said city; and for other purposes.

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

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

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

HB 573. By Messrs. Snow and Hays of the 1st, Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act creating the State Court of Walker County, as amended, so as to change the compensation and the expense allowances 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.

WEDNESDAY, FEBRUARY 21, 1973

1025

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

HB 636. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Chatooga County upon an annual salary, as amended, so as to change the compensation of the deputy sheriffs and jailer; and for other purposes.

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

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

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

HB 637. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend the Act incorporating the City of Menlo, as amended, so as to authorize the Mayor to appoint a qualified person to serve as the judge of the Mayor's 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 638. By Mr. Floyd of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, as amended, so as to change the compensation of the deputy tax commissioner; and for other purposes.

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

1026

JOURNAL OF THE HOUSE,

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

HB 639. By Mr. Ployd of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Chattooga County, as amended, so as to change the compensation of the Commissioner and his clerk and the warden of the public works camp; and for other purposes.

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

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

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

HB 641. By Messrs. Walker of the 100th, Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, as amended, so as to change the terms of court; and for other purposes.

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

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

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

HB 651. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, 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.

WEDNESDAY, FEBRUARY 21, 1973

1027

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

HB 653. By Messrs. Lambert of the 97th and Carrell of the 71st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Madison, as amended, so as to change the compensation of the Mayor and Aldermen 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 654. By Messrs. Lambert of the 97th and Carrell of the ,71st:
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 of Morgan County, so as to change the compensation of the Tax Commissioner; and for other purposes.

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

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

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

HB 655. By Messrs. Lambert of the 97th and Carrell of the 71st:
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, as amended, so as to change the compensation of the Clerk of the Superior Court, deputies or other clerk's assistants and the Ordinary; and for other purposes.

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

1028

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 656. By Messrs. Lambert of the 97th, Mauldin, Milford, and Wheeler of the 13th: A Bill to be entitled an Act to amend an Act incorporating the City of White Plains, in the County of Greene, 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.

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

HB 705. By Messrs. Vaughn of the 57th and Morgan of the 70th:
A Bill to be entitled an Act to amend an Act providing for a public defender for Rockdale and Newton Counties, so as to change the com pensation of the public defender; and for other purposes.

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

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

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

HB 20. By Mrs. Hamilton of the 31st, Messrs. Marcus of the 26th, Savage of the 30th, Dean of the 54th and Davis of the 56th:
A Bill to be entitled an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School Sys tem; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1973

1029

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta school system; to provide for district boards of education; to provide for the officials and employees of the Atlanta school system; to provide their qualifica tions, oath, powers and duties; to provide for their compensation and terms of office; to provide for the administration of said school system; to provide for the election and removal of the officers thereof; to pro vide for finance and fiscal matters; to provide for educational services; to provide for the election of first officials; to provide for severability; to provide for the date when provisions thereof shall become effective; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
ARTICLE I
BOARD OF EDUCATION

Section 1-101. Composition; Term of Office. Section 1-102. Qualifications. Section 1-103. Oath of Office and Penalty for Violation. Section 1-104. Elections. Section 1-105. Vacancies. Section 1-106. Officers; Compensation. Section 1-107. Powers, Duties and Responsibilities. Section 1-108. Rules; Meetings. Section 1-109. Performance Contracts. Section 1-110. Publication of Performance Levels and Expenditures. Section 1-111. Supervision and Government of Schools. Section 1-112. Use of Public Buildings. Section 1-113. Conflict of Interest. Section 1-114. Changes in Compensation. Section 1-115. Recall Elections. Section 1-116. Forfeiture of Office and Suspension.

ARTICLE I BOARD OF EDUCATION

Section 1-101. Composition; Term of Office. The Atlanta Board of

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Education (hereinafter referred to as the "Central Board" shall be com
posed of nine (9) members of whom three (3) members shall be elected citywide from the City of Atlanta and six (6) members shall be elected from districts as provided in Section 1-104. Their term shall be four (4) years, commencing on the first Monday in January of 1974 and quadrennially thereafter, and they shall serve until their successors have taken office. The Central Board shall elect a President and a Vice Presi dent as provided in Section 1-106. In addition, each district board president shall be ex officio nonvoting member of the Central Board.

Section 1-102. Qualifications, (a) To qualify for election as a Cen tral Board member, a person must be:

(1) At least twenty-one years of age; and

(2) A resident of the City for at least one year and of the Central Board District for at least one year from which he seeks to qualify.

(b) To hold office as a Central Board member, a person:

(1) Must continue to reside in the same Central Board dis trict or districts from which elected;

(2) Must not hold any position of full-time employment with the Atlanta school system; and
(3) Must not hold any other elective public office or hold any position of full-time employment with any county or city of the State of Georgia.

Section 1-103. Oath of Office and Penalty for Violation, (a) The oath to be taken and subscribed by the members of the Central Board and district boards before entering upon the duties of their office shall be as follows: "I swear (or affirm) that I will faithfully and impar tially demean myself as (Central Board member or district board mem ber), during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the City school system of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a posi tion in the City school system to be influenced by fear, favor, or affec tion, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good. I further swear that I will uphold and support the Constitution and laws of the United States and of the State of Georgia".
(b) Any member of the Central Board and any member of a dis trict board found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the Central Board, by ma jority vote of its entire membership, shall be forthwith expelled from office, and forever disqualified thereafter from holding any position of honor, trust or emolument connected with the City school system of Atlanta or the City government of Atlanta.

WEDNESDAY, FEBRUARY 21, 1973

1031

Section 1-104. Elections, (a) Except as otherwise provided by this Act, regular and special elections under this Article shall be deemed as elections in a municipal corporation to fill municipal offices and shall be conducted in accordance with all requirements and procedures of an Act of the General Assembly entitled the "Georgia Munici pal Election Code", approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended. The initial and regular elections under this Act shall be held at the same time as the initial and regular city elections under the Atlanta City Charter.

(b) The entire electorate of the City shall be entitled to vote in elections for the three at-large Central Board mmbers, who shall reside respectively in Central Board districts Nos. 1 or 2, 3 or 4, 5 or 6. The entire electorate of each Central Board district shall be entitled to vote for the election of a district Central Board member, elected solely from that Central Board district. The six Central Board districts shall be composed respectively of contiguous paired Council districts of the City as provided in Appendix I hereof, which is made a part hereof by reference. A numbered seat shall be designated for each at-large posi tion and each district position on the Central Board. The person receiving the majority of the votes cast for each position shall be elected.

Section 1-105. Vacancies. In the event the office of Central Board member shall become vacant by reason of death, resignation or otherwise as provided by law, the Council of the City shall, within thirty (30) days after the occurrence of the vacancy call a special election in ac cordance with Section 34A-704 of the Georgia Code to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the City; except, if a regular election for the office of Central Board member is to be held within two (2) years after the date that such vacancy occurs, the va cancy shall be filled within thirty (30) days after the occurrence there of by the remaining members of the Central Board from three (3) names submitted by the district board serving in the Central Board district of the vacant seat following a special meeting of said district board for such purpose. Any person elected or appointed shall at his first regular meeting take an oath as provided in Section 1-103.

Section 1-106. Officers; Organization; Compensation, (a) At the first regular meeting in January of the Central Board following each regular election, a judge of the Superior Court shall administer the oath of office to the members of the Central Board and the members of the district boards. The Central Board shall elect biennially at its first meeting in January a President and a Vice President from its voting membership who shall serve for a term of two years and until their successors have taken office. Any further internal organization of the Central Board shall be provided for by its rules.

(b) The President of the Central Board shall receive an annual salary of ten thousand dollars ($10,000). The Vice President of the Central Board shall receive an annual salary of four thousand, six hundred dollars ($4,600). All other voting members of the Central Board shall receive an annual salary of four thousand, four hundred dollars ($4,400). Ex officio members shall receive twenty-five dollars

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($25) for each meeting attended, up to a maximum of twelve hundred dollars ($1,200) per year.

Section 1-107. Powers, Duties and Responsibilities. The Central Board shall:

(1) Maintain a system of public schools as provided by law.

(2) Provide free textbooks for all grades.

(3) Establish rules and regulations for the employment and termination by the Central Board of all employees.

(4) Provide for central purchasing of all school needs.

(5) Establish rules and regulations for notice and hearing, conducted in accordance with procedures of due process, in any case of suspension of a student for longer than five school days or expulsion from school.

(6) Hear appeals from actions of the Superintendent of Schools and other non-district personnel.

(7) Establish minimum qualifications for district superinten dents of schools.

(8) Confirm or reject by majority vote nominees of district boards for the positions of district superintendent.

(9) Hear appeals from actions of the district boards.

(10) Consult with district boards in establishing requirements for curriculum.

(11) Consult with district boards in reviewing and evaluating the performance of professional district personnel.

(12) Require district boards to make periodic reports regard ing matters under their jurisdiction.

(13) Identify those curricula areas within which the district boards may exercise their discretion within the resources available.

(14) Establish rules and regulations for the, preparation of district board budgets and the incorporation thereof by the Superin tendent of Schools into the budget of the Central Board.

(15) Approve the budgets for the Atlanta public school system after considering the recommendations thereon submitted by the district boards.

WEDNESDAY, FEBRUARY 21, 1973

1033

(16) Provide for the levy of a tax for educational purposes as prescribed in Section 3-105.

(17) Provide to each district board a discretionary fund equal to not less than one half of one per cent nor more than one per cent of said district's preceding year's annual operating budget for educational purposes authorized by this Act; provided that said percentage allocation shall be uniform for all district boards.

(18) Hear and consider any matter which a district board may bring to its attention.

(19) Assign students to schools and school districts.

(20) Exercise all lawful powers of boards of education except those specifically vested by this Act in district boards.

(21) Exercise all other powers, duties and responsibilities pro vided by law.

Section 1-108. Rules; Meetings. The rules of the Central Board shall provide for the time and place of holding regular meetings at least twice monthly. All meetings of the Central Board and any of its committees shall be open to attendance by the public as provided by law, and any citizen shall have reasonable access to the records and minutes thereof. Said minutes shall include a synopsis of the discussion on every question coming before the Central Board and any of its com mittees and the vote upon such question by each member present. The Central Board shall promulgate rules for the procedure by which members of the public shall be heard on matters pending before it. The Central Board shall provide for the continuous updating, revision, codi fication and printing of all rules, copies of which shall be made avail able to the public at reasonable cost.

Section 1-109. Performance Contracts. The Central Board shall be empowered to enter into contracts with any person, firm, corporation or governmental unit or agency thereof for the performance of educa tional services of the use of educational facilities.

Section 1-110. Publication of Performance Levels and Expendi tures, (a) Whenever comprehensive reading examinations or other per formance tests are administered to students, parents and guardians may obtain reports of their child's or ward's performance.

(b) All such test scores and performance summaries thereof, ex cept the names of students, shall be a public record.

(c) The performance level of each school, according to a recognized method or methods of testing, shall be determined on at least an annual basis and shall be a public record.

(d) The Central Board shall have published annually in a news paper of general circulation in the City of Atlanta the total expendi-

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tures per student in each school and the performance of each school as provided in this section.

Section 1-111. Supervision and Government of Schools. There shall
be a Superintendent of Schools, appointed by the Central Board for a term of four years and he shall serve until his successor has taken
office. He shall exercise such powers and duties as may be conferred upon him by the Central Board. Except as otherwise provided in this Act, the Central Board as provided by its rules, shall have exclusive control over the Superintendent of Schools and all officers, teachers and
employees of the Atlanta public school system, and shall have the ex
clusive supervision of the government of the schools free and inde pendent of any existing or future ordinances of the Council of the City
not relating to pensions.

Section 1-112. Use of Public Buildings. It shall be the duty of the Central Board to make available for voting purposes all public buildings under its jurisdiction which may be needed or required for such purpose
on all election days, including DeKalb County elections held in the City of Atlanta portion of DeKalb County. The Central Board shall promul gate rules for other public uses of school buildings.

Section 1-113. Conflict of Interest. Except as otherwise provided
by general law, no elected official, appointed officer or employee of the Atlanta school system or any office, department or agency thereof shall knowingly:

(1) Engage in any business or transaction with, or have a financial or other personal interest, direct or indirect, in the af fairs of the school system, except through a procedure employing
sealed bids:

(2) Engage in or accept private employment or render services
for private interests when such employment or service is in con
flict with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties;

(3) Use confidential information concerning the property, gov
ernment or affairs of the school system or any office, department or agency thereof to advance the financial or other private interest of himself or others;

(4) Represent private interests in any action or proceeding against the school system or any office, department or agency thereof;

(5) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has
a financial interest.

Section 1-114. Changes in Compensation. To the extent allowable by law, the Central Board may by resolution change the annual salary

WEDNESDAY, FEBRUARY 21, 1973

1035

of Central Board members provided that each voting Central Board member other than the President and Vice President, and each ex officio Central Board member, shall receive the same salary and that no change in the salary of Central Board members shall become effective until the date of the commencement of terms of Central Board mem bers elected at the next regular election following such change. Any such change shall be approved at least six months prior to the end of the current term of office.

Section 1-115. Recall Elections, (a) Any Central Board member or district board member shall be subject to removal from office at a recall election in the manner provided in this Chapter.

(b) A recall of an incumbent of an elective office shall be initiated upon a written request to that effect signed by not more than twentyfive (25%) per cent of the registered voters eligible to vote for such office in the last preceding general election. The Central Board shall prescribe rules and regulations governing the initiation and prepara tion of such written request and the procedures for holding the recall
election.

(c) If at such election a majority of the registered voters voting in such recall election approve the recall of an incumbent, upon cer tification of the results of the election, the office shall be vacant. If a majority of the registered voters voting in a recall election shall dis approve the recall of an incumbent, he shall remain in office .

Section 1-116. Forfeiture of Office and Suspension, (a) Any Cen tral Board member or district board member shall forfeit his office and it shall be vacant upon final conviction of, or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office; or for failure at any time to possess any of the qualifications of office as provided by this Act or by law. The unexpired term of office shall be filled as pro vided in this Act.

(b) Whenever a Central Board member or district board member shall be indicted for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office he shall be automatically suspended from office without pay until final conviction, acquittal, or other disposition of the charges against him. Immediately thereafter, unless he has been convicted or pleaded guilty, he shall be reinstated in office and shall receive all compensation with held during his suspension; otherwise, his office shall be vacant.

ARTICLE II DISTRICT BOARDS OF EDUCATION
Section 2-101. Creation and Composition. Section 2-102. Terms and Qualifications. Section 2-103. Elections.

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Section 2-104. Vacancies. Section 2-105. Compensation. Section 2-106. Powers, Duties and Responsibilities. Section 2-107. Rules; Meetings.

ARTICLE II DISTRICT BOARDS OF EDUCATION

Section 2-101. Creation and Composition. There shall be six (6)
district boards of education, each of which shall be composed of five (5) members. District boards shall be known as the board of education re
spectively of District No. 1 through No. 6, as defined in Appendix I, which is made a part hereof by reference. The districts of such boards
shall comprise the same territory and conform geographically with
each of the six Central Board districts.

Section 2-102. Terms and Qualifications, (a) Members of the dis trict boards shall serve for terms of four (4) years and until their successors have taken office.

(b) To qualify for election as a district board member, a person must be:

(1) At least twenty-one years of age; and

(2) A resident of such district for a period of at least one year.

(c) To hold office as a district board member, a person:

(1) Must continue to reside in the same district from which elected;

(2) Must not hold any position of full-time employment with the Atlanta school system; and

(3) Must not hold any other elective public office or hold any
position of full-time employment with any County or City of the State of Georgia.

Section 2-103. Elections, (a) Except as otherwise provided by this Act, elections under this Article shall be deemed as elections in a mu nicipal corporation to fill municipal offices and shall be conducted in
accordance with all requirements and procedures of an Act of the Gen eral Assembly entitled the "Georgia Municipal Election Code", ap
proved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended. The initial and regular elections under this Act shall be held at the same time as the initial and regular City elections under the City Charter.

(b) The entire electorate in each district shall be entitled to vote in

WEDNESDAY, FEBRUARY 21, 1973

1037

elections for the district board members from such district. No candi dates shall be elected unless they shall have received a majority of the votes cast for such office under procedures prescribed by the Central Board consistent with the Georgia Municipal Election Code.

Section 2-104. Vacancies. On the event the office of district board member shall become vacant, the remaining members by majority vote shall make an appointment to fill the unexpired term. Any person ap pointed shall at his first regular meeting take an oath as provided in Section 1-103.

Section 2-105. Compensation. All members of district boards shall receive $25.00 for each meeting of the district board attended by such members, up to a maximum of $600.00 per year, provided that such com pensation may be changed by the Central Board.

Section 2-106. Powers, Duties and Responsibilities. Each district board shall:

(1) Elect annually at its first meeting in January a President and Vice President.

(2) Nominate the district superintendent of schools.

(3) Select textbooks from an approved list adopted by the Central Board.

(4) Make recommendations to the Central Board relating to the review and evaluation of the performance of professional per sonnel.

(5) Hear appeals from actions of the district superintendent and other district personnel and make recommendations to the Central Board with reference thereto.

(6) Make reports regarding matters under its jurisdiction, as required by the Central Board.

(7) Bring any matters that it deems appropriate to the atten tion of the Central Board.

(8) Comply with all policies of the Central Board inconsistent with this Act.

(9) Submit recommendations as to the annual budgets of the district board to the Central Board.

(10) Determine the program of studies for the students in the district within the resources available and within the requirements of
State law, the rules and regulations of the State Board of Educa tion and the rules and regulations of the Central Board.

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JOURNAL OF THE HOUSE,

(11) Administer a discretionary fund for educational purposes in such amount as determined by the Central Board.

(12) Exercise only the powers, duties and responsibilities specifically conferred upon it by law.

Section 2-107. Rules; Meetings. Each district board may promul gate rules not in conflict with the rules of the Central Board and shall provide for the time and place of holding regular meetings at least monthly. The provisions of this Act regarding public meetings shall
apply to district boards and their committees. Rules of a district board shall provide procedures by which members of the public shall be heard on matters pending before it.

ARTICLE III FINANCE

Chapter 1. General Provisions
Section 3-101. Comptroller. Section 3-102. Funds Transmitted to Central Board. Section 3-103. Loans for Operating Expenses. Section 3-104. Independent Post Audit. Section 3-105. Tax for Educational Purposes. Section 3-106. Additional Sources of Revenue.

Chapter 2. Budget.

Section 3-201. Budget Commission; Fiscal Year; Preparation of Budget.
Section 3-202. Distribution, Filing and Publication of Budget. Section 3-203. Hearings; Adoption; Publication; Certification.
Section 3-204. Changes in Budget. Section 3-205. Unlawful Obligations Void.

ARTICLE III FINANCE

Chapter 1. General Provisions

Section 3-101. Comptroller, (a) The Central Board shall elect a Comptroller at its regular meeting in May, 1976, and each four years thereafter. He shall hold office for a term of four years from July 1 following his election, and until his successor has taken office. The Central Board may fill any vacancy which occurs in the office of Comp troller for the unexpired term. The Comptroller shall give bond set and

WEDNESDAY, FEBRUARY 21, 1973

1039

approved by the Central Board, conditioned for the faithful performance of his duties, and the cost for such bond shall be paid by the Central Board. The Comptroller shall be paid such salary as the Central Board shall approve.

(b) The Comptroller shall be the chief fiscal officer of the Central Board and he shall possess such qualifications as determined by the Central Board. He shall pass upon all warrants or claims presented to him for payment and shall be entitled to require evidence that the amount claimed is justly due, and for that purpose may summon before him any officer or employee of the Central Board or any other person, in justification of such claims.

Section 3-102. Funds transmitted to Board. The Council of the City of Atlanta shall, according to procedures established by ordinance, transmit to the Central Board the ad valorem taxes as collected by the City for the support and maintenance of education, less the direct cost of collection including the amount of any interest and sinking fund charges on outstanding general obligation bonds and all other funds re ceived by the City for the public schools thereof, to be used in maintain ing and expanding the public school system.

Section 3-103. Loans for Operating Expenses. The Council of the City of Atlanta shall, according to procedures established by ordinance, negotiate loans when requested to do so by the Central Board, to supply deficiencies in current operating expenses of the Central Board, during any year, in such amounts as may be determined by the Central Board, not to exceed seventy-five percent of the anticipated tax revenue for the year, levied for school purposes. The City of Atlanta may advance to the Central Board from available funds such amounts as may be re quired in lieu of borrowing the money. A sum sufficient to repay the loans and advances, together with the interest thereon, shall be de ducted by the City of Atlanta from ad valorem taxes levied and colletced for the Central Board during the year in which the loan shall have been negotiated.

Section 3-104. Independent Post Audit, (a) The Central Board shall provide for an annual independent audit of accounts and other evidences of financial transactions of the City of Atlanta public school system, including its offices, boards, departments, and other agencies. The audit shall be made by a certified public accountant or certified public accounting firm whose members have no pecuniary, financial or personal interest directly or indirectly, in the fiscal affairs of any gov ernmental agency of the City of Atlanta.

(b) The audit may be conducted on a quarterly or continuing basis and shall be completed as soon after the fiscal year as practicable, and in no event later than six (6) months after the close of the fiscal year,

(c) The audit and the opinion and recommendations of those con ducting such audit shall be available to the public at actual printing cost; provided however, a copy thereof shall be made available for in spection at no charge.

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(d) A special audit or examination of any office, department, district board, or other agency of the school system may be ordered by the Central Board at any time.

(e) A summary of the financial statement from the audit or audits shall be published in one or more newspapers of general cir culation within the City of Atlanta and sent to the Grand Juries of Fulton County and DeKalb County then in session, to the Atlanta Pub lic Library and to the State Auditor.

Section 3-105. Tax for Educational Purposes. There shall be as sessed, levied and collected an annual ad valorem tax for the support of public schools and for educational purposes, at the millage rate de termined by the Central Board to be billed and collected as other ad valorem taxes are billed and collected in accordance with the Atlanta City Charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the President of the Central Board and filed with the Council, the format and time of annual filing of such request to be the only action by the Council of the City necessary to levy such tax annually. All revenue derived from such school and educational ad valorem tax shall be paid into the treasury of the City and shall be remitted monthly to the Central Board free from any charge except the direct cost of collecting
such tax.

Section 3-106. Additional Sources of Revenue. In the event any additional source or sources of revenue shall be authorized by law for educational purposes, the Central Board shall have the power, as the case may be, to recommend or provide for the lawful collection and ap propriation of such revenues for the use of the Atlanta public school system, provided that the provisions of this Section shall not apply to the authorization, issuance and sale of bonds.

Chapter 2. Budget

Section 3-201. Budget Commission: Fiscal Year; Preparation of Budget, (a) The Budget Commission of the Central Board shall con sist of the President of the Central Board, Chairman of the Finance Committee of the Central Board and two other members of the Central Board, to be nominated each year by the President of the Central Board and elected by the Central Board. The Comptroller and Superintendent of Schools shall serve as ex officio members of the Budget Commission.

(b) The Budget Commission shall:

(1) Annually prepare and file with the Central Board for submission to the Superintendent of Schools the budget revenue an ticipations for the Atlanta school system; provided that such antici pations shall not exceed 99% of the normal revenue collected dur ing the previous year, with the following exceptions: (a) the normal revenue which the Central Board may be expected to col lect from the taxable property in newly annexed territory may be anticipated, (b) collections from tax executions on real estate and on personal property and choses in action owned by the Central

WEDNESDAY, FEBRUARY 21, 1973

1041

Board may be anticipated; provided, that revenues from such an ticipations shall not exceed 859'c of the tax executions on real estate and 50% of tax executions on personal property not more than three (3) years old and choses in action certified solvent and col lectible by the Director of Finanec of the City of Atlanta. There may also be added to such anticipation an amount equal to an average per pupil cost to reflect costs of any additional enrollment, and in addi tion to any amount available for the next fiscal year from the recommended tax levy, from surplus, from the State Board of Edu cation, or other like source, and when the actual amount of such funds is known the budget may be adjusted accordingly. "Normal revenue" shall include recurring income, but not proceeds from sales of real estate or from insurance thereon, or from other non recurring revenue. When such revenue anticipations have been filed, they shall be binding upon the Central Board without any action of approval or disapproval.

(2) Allocate a sum sufficient to provide for debt service, in cluding sinking fund and interest on bonded indebtedness, and any other appropriations required by law, which sum shall not be diverted to any other property.

(3) In the event the income of the Atlanta school system should be decreased by law, either by Act of the General Assembly or the Central Board it shall be the duty of the Budget Commission to im mediately adjust the budget revenue anticipations to comply with such decreased revenue. In the event of an increase in the tax rate, or if any other charges should be changed by law, the Budget Commission may revise the budget revenue anticipations, and adjust the budget revenue anticipations accordingly.

(4) In the event the Central Board receives any money, income or revenue from an extraordinary source, either by sale of its proper ty, gift, grant or otherwise, which has not been considered in the preparation of the budget revenue anticipations or other normal revenue in excess of appropriations, the Budget Commission shall have the right to allocate immediately such increased revenue for lawful purposes. However, in the preparation of the budget for the next year no such extraordinary revenue shall be considered as a part of the normal revenue of the Central Board.

(5) If at any time during any year, the expenditures exceed the revenues collected and a deficit be created, it shall be the duty of the Budget Commission before appropriating any other sum for any purpose other than the interest and sinking fund on bonded in debtedness, to appropriate a sufficient sum to immediately discharge any deficit which has accrued during the preceding year.

(c) The members of the Budget Commission shall be personally liable for the over-anticipation of receipts.

(d) The fiscal year shall begin and end as provided by law. (e) The Superintendent of Schools shall prepare the budget. In

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doing so he shall obtain or cause to be obtained from the Comptroller, the various subordinate officers of the Central Board, and the district boards' estimates of expenditures for matters within their jurisdic tion in sufficient detail to prepare a program budget based on per formance standards, and other supporting data as may be necessary or proper. The Budget Commission shall review, revise and submit the budget to the Central Board. The budget submitted by the Commission shall provide a complete financial plan for all operations of the City 'public school system and shall be a program budget based on perform
ance standards.

Section 3-202. Distribution, Filling and Publication of Budget. Copies of the proposed budget shall be submitted to each district board, and the budget shall be filed in the office of the Superintendent. The proposed budget and all supporting data shall be open to inspection at the offices of the Superintendent and Comptroller, and copies shall be made available to any members of the public at actual cost.

Section 3-203. Hearings; Adoption; Publication; Certification. The Central Board shall meet to hear anyone desiring to be heard on the budget under its rules and regulations. Following such hearing it shall tentatively adopt the budget to cover the entire fiscal year. After ten tative adoption, a budget summary shall be published in a newspaper of general circulation in Atlanta, Georgia, and a copy certified by the Budget Commission shall be filed in the office of the Superintendent and in the office of the Comptroller. At this next regular meeting subse quent to advertisement of the budget, the Central Board shall adopt a final budget as required by law, a copy of which shall be submitted to the Grand Juries of Fulton and DeKalb Counties then in session, the Council of the City of Atlanta, the Atlanta Public Library, and the State Auditor.

Section 3-204. Changes in Budget. The budget shall not be changed during the fiscal year except in the manner provided herein. Any action to revise the budget shall be taken only at a regular public meeting. The Central Board shall not transfer and reallocate outstanding ob ligations to any other purpose until such obligations are paid, but it may transfer and reallocate all other funds lawfully anticipated. Should anticipated income be changed by law or by a change in the tax rate or in the assessed value of property subject to taxation, or by increased or decreased appropriation from the State Board of Education or other revenue source, the Budget Commission shall, within a period of fifteen (15) days after receipt of such information, certify to the Central Board the amount of the new budget for the balance of the fiscal year, and the Central Board, upon certification by the Budget Commission, shall at its next regular meeting adjust the anticipated income accordingly, and revise the budget as it may then determine to accord with the an ticipated income as thus certified to it.

Section 3.205. Unlawful Obligations Void. The Central Board shall incur no obligations in excess of the annual budget and such other spe cial appropriations as may be lawfully made, and shall incur no liability except as authorized by such budget or appropriation. Any such lia bilities attempted to be incurred shall be void in law and equity.

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1043

ARTICLE IV PERSONNEL

Section 4-101. Civil Service. Section 4-102. Discrimination Prohibited. Section 4-103. Civil Service Board. Section 4-104. Credit Preference.

ARTICLE IV PERSONNEL

Section 4-101. Civil Service, (a) The Central Board shall establish a system of civil service. The system shall cover all noncertificated em ployees of the Central Board and its departments, district boards and other agencies except (1) elected officials, (2) the Superintendent of Schools, deputy superintendents, assistant superintendents, and district superintendents, (3) directors of departments, (4) independent con tractors, and (5) temporary employees.

(b) the Central Board shall adopt civil service rules and regula tions to govern the classification of positions, the manner and method of publicizing vacancies, employing, appointing and dismissing person nel, the terms, conditions and benefits of employment, retirement policy, grievance procedures, and any other measures that promote the hiring and retaining of capable, diligent, honest career employees; provided that said rules and regulations shall be uniform throughout the system.

(c) The noncertificated employees of the school system shall have the right to have an organization of their choosing and the guidelines shall be agreed upon by the Central Board and the employees' organiza tion. The employees' organization shall have the right to meet with the Central Board to work on all wages, hours and working conditions for the employees.

Section 4-102. Discrimination Prohibited. It shall be the policy of the Central Board and its departments, district boards and other agen cies that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, religion, sex, national origin, or political affiliation.

Section 4-103. Civil Service Board, (a) There shall be a Civil Service Board, consisting of five members, appointed by the Central Board to six-year staggered terms of office as specified by resolution of the Central Board. Three members shall constitute a quorum. The members shall annually elect one of their number as chairman. The central Board may suspend or remove Civil Service Board members for cause.

(b) The Civil Service Board, under rules of procedure which it shall establish, shall:

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(1) Hold its meetings in the central offices of the Atlanta school system;

(2) Hold regular meetings at least once quarterly;

(3) Review and in its discretion recommend amendments to the civil service rules and regulations of the Atlanta school system;

(4) Hear noncertificated employee grievances and appeals with notice, right to counsel and other procedures of due process; the de cisions of the Civil Service Board shall be binding on the Central Board but shall be subject to judicial review;

(5) Make investigations requested by the Central Board or on its own motion;

(6) Keep minutes of its meetings and such other records as it may deem necessary;

(7) Hear any matter referred thereto by the Central Board; and

(8) Conduct such other business as shall be authorized by the Central Board or by law.

Section 4-104. Credit Preference. All residents of the City of At lanta shall receive a credit preference of five per cent (5%) on their employment examination scores for employment as noncertificated per sonnel with the Atlanta school system; provided, however, the cumu lative preference as provided by law and this Act shall not exceed ten per cent (10%) on their employment examinations.

ARTICLE V INTERIM AND GENERAL PROVISIONS

Section 5-101. Officials and Officers. Section 5-102. Existing Rules and Regulations Continued in Effect. Section 5-103. Contracts and Obligations. Section 5-104. Existing Rights and Interests. Section 5-105. Section Captions. Section 5-106. Effect of Repeals. Section 5-107. Severability of Sections, Etc. Section 5-108. Effective Date. Section 5-109. Repeal of Conflicting Laws.

WEDNESDAY, FEBRUARY 21, 1973

1045

ARTICLE V INTERIM AND GENERAL PROVISIONS

Section 5-101. Officials and Officers. The current terms of office of all elected and appointed officials and officers of the Atlanta School system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect.

Section 5-102. Existing Rules and Regulations Continued in Effect. Existing rules and regulations of the Atlanta Board of Education, its departments and agencies, not inconsistent with the provisions of this Charter, shall be effective as rules and regulations of the Central Board, its departments and agencies respectively until they have been repealed, modified or amended.

Section 5-103. Contracts and Obligations. All contracts, orders, leases, bonds and other obligations or instruments entered into by the Atlanta Board of Education or for its benefit prior to the effective date of this Act shall continue in effect according to the terms thereof, as obligations and rights of the Central Board.

Section 5-104. Existing Rights and Interests, (a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Act, shall not be affected by this Act. This subsection shall not apply to any right or in terest in any elective public office not conferred by this Act.

(b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken pursuant to or within the scope of any provision of law repealed by this act, shall not be affected by this Act.

(c) The provisions of an Act of the General Assembly approved March 28, 1961 (Ga. Laws 1961, p. 2619), as amended, pertaining to emeritus department heads shall apply only to those who are emeritus department heads in office as of December 31, 1972.

Section 5-105. Section Captions. The captions to the several sec tions of this Act are informative only and are not to be construed as a part thereof.

Section 5-106. Effect of Repeals. No law heretofore repealed, ex pressly or by implication, shall be revived by the repeal herein of the repealing Act, or by any provision of this Act that disclaims an inten tion to repeal or affect enumerated laws.

Section 5-107. Severability of Sections, Etc. If any section, sub section, paragraph, sentence, clause, phrase or word of this Act, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this Act, which shall re-

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main in full force and effect; and to this end the provisions of this Act and the applications thereof are hereby declared to be severable.

Section 5-108. Effective Date. The provisions of Sections 1-104 and 2-103 of this Act shall take effect, for purposes of electing the initial Central Board and district board members, upon approval of this Act by the Governor or upon its becoming law without his approval. For all other purposes the provisions of this Act shall take effect at 12:01 a.m. on the first Monday in January of 1974.

Section 5-109. Continuation of Independent School System ;Contingent upon City Charter Approval; Construction. The provisions of this Act shall continue the Atlanta Board of Eduation and the Atlanta Independent School System as herein recognized. The provisions of this Act shall be deemed a part of the Act creating a new Charter for the City of Atlanta, as adopted by the General Assembly of Georgia during its 1973 Session and approved as provided by law. This Act shall become effective as law only in the event of the adoption and approval of an Act to create a new Charter for the City of Atlanta by the General Assembly of Georgia during the 1973 regular Session and its approval as provided by law.

Section 5-110. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed.

APPENDIX I EDUCATION DISTRICTS

The education districts (Central Board districts) of the City of Atlanta shall each consist of two contiguous Council districts of the City as follows:

Education District No. 1--Council Districts No. 1 and 2. Education District No. 2--Council Districts No. 3 and 4. Education District No. 3--Council Districts No. 5 and 6. Education District No. 4--Council Districts No. 7 and 8. Education District No. 5--Council Districts No. 9 and 10. Education District No. 6--Council Districts No. 11 and 12.

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

WEDNESDAY, FEBRUARY 21, 1973

1047

HB 19. By Mrs. Hamilton of the 31st, Messrs. Marcus of the 26th, Savage of tthe 30th and others:
A Bill to be entitled an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; and for other purposes.

A BILL

To be entitled an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKa'b; to create a new charter for said city; to provide a bill of rights therefor; to provide the name, powers and corporate limits of said city; to provide for the government of said city; to provide for the officials and emp'oyees thereof; to provide for their qualifications, oath, powers and duties; to provide for their compensation and terms of office; to provide for the organization and administration of said city; to provide for the e'ection and removal of city officers; to provide for a municipa1 court; to provide for finance and fiscal matters; to provide for municipal services and regulatory functions; to provide for election of first official; to provide for severability; to provide for the date when provisions thereof shall become effective; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

BILL OF RIGHTS

The Council, Mayor and all departments of government of the City of At'anta shall be guided by the provisions of this Bill of Rights.

1. Religion and Conscience. The City of Atlanta shall not interfere with the freedom of each person in the City to follow the dictates of his own conscience concerning religious worship, nor shall the City support any religion.

2. Speech, Assembly and Press. The City of Atlanta shall not inter fere with the rights of freedom of speech, of freedom of the press, to petition the government, or of peacable assembly.

3. Unreasonable Searches and Seizures. The City of Atlanta shall not authorize any unreasonable search or seizure.

4. Nondiscrimination. The City of Atlanta shall not, directly or indirectly, discriminate among persons because of race, religion, sex, or national origin.

5. Environmental Protection. The City of Atlanta shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise, and the natural, scenic, historic and aesthetic qualities of the environment.

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ARTICLE I NAME, POWERS, BOUNDARIES

Section 1-101. Name. Section 1-102. Powers. Section 1-103. Legislative Powers. Section 1-104. Executive Powers. Section 1-105. Boundaries.

ARTICLE I NAME, POWERS, BOUNDARIES

Section 1-101. Name. The name of the City shall be the "City of Atlanta" which shall be a municipal corporation of the State of Georgia with perpetual duration.

Section 1-102. Powers, (a) The City of Atlanta (hereinafter at times referred to as the "City") shall be the legal continuation of and successor to said City as heretofore incorporated; may contract and be contracted with; may sue and be sued, and plead and be impleaded in all courts of law and equity and in all actions whatsoever, and do all other acts relating to its corporate capacity; may purchase, lease or otherwise acquire such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, lease, sell or dispose of any such property; and shall have and use an official seal.

(b) The City shall have all powers now vested in the City and now or hereafter granted to municipal corporations by the laws of Georgia, and in addition shall have all powers enumerated in Appendix I of this Charter which is hereby incorporated herein by reference.

(c) The City shall have all powers necessary and propert to pro mote the safety, health, peace and general welfare of the City and of its inhabitants.

Section 1-103. Legislative Powers, (a) All legislative powers of the City are hereby vested in the Council (hereinafter at times referred to as the "governing body") of the City of Atlanta, subject to the pro visions of Section 2-403 of this Charter. The power to levy, assess and provide for the collection of all taxes and fees authorized to be levied, assessed and collected by the City of Atlanta by general law and this Charter shall be vested in the Council of the City of Atlanta.

(b) The Council shall adopt and provide for the execution of such ordinances, resolutions and rules, not inconsistent with this Charter as shall be necessary or proper for the purpose of carrying into effect the powers and duties conferred by this Charter and may enforce all ordinances by imposing penalties and fines for the violation thereof not to exceed a $500 fine or six months imprisonment, or both.

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Section 1-104. Executive Powers. All executive and administrative powers of the City are hereby vested in the Mayor and such other administrative officers, departments and agencies created or continued by this Charter or now or hereafter established by ordinance.

Section 1-105. Boundaries. The corporate boundaries of the City shall be the same as those of the City of Atlanta as provided by law and existing on the effective date of this Charter, or as hereafter law fully changed. The Clerk of Council shall maintain a current map and written legal description indicating the boundaries and Council districts of the City.
ARTICLE II
LEGISLATIVE

Chapter 1. The Council

Section 2-101. Composition, Election, Term of Office. Section 2-102. Qualifications. Section 2-103. Oath of Office and Penalty for Violation. Section 2-104. Compensation. Section 2-105. Conflict of Interest.

Chapter 2. President of the Council
Section 2-201. Election; Term. Section 2-202. Qualifications. Section 2-203. Compensation. Section 2-204. Powers and Duties.

Chapter 3. Organization, Rules, Officers and Employees
Section 2-301. Organizational Meeting. Section 2-302. Rules and Quorum. Section 2-303. Meetings. Section 2-304. Clerk of Council. Section 2-305. Staff of the Council. Section 2-306. Succession to Offices of Mayor and President of the Council. Section 2-307. Changes in Compensation.

Chapter 4. Procedures of Council Section 2-401. Form of Legislation.

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Section 2-402. Introduction, Consideration and Passage of Legis lation.
Section 2-403. Submission to Mayor--Mayor's Veto. Section 2-404. Codes of Technical Regulations. Section 2-405. Codification and Printing. Section 2-406. Hearings and Investigations. Section 2-407. Initiative and Referendum.

ARTICLE II LEGISLATIVE
Chapter 1. The Council
Section 2-101. Composition, Election, Term of Office. There shall be an eighteen-member Council, elected as provided in this Charter for a term of four (4) years commencing on the first Monday in January of 1974 and quadrennially thereafter, and its members shall serve until their successors have taken office.
Section 2-102. Qualifications, (a) To qualify for election as a Council member, a person:
(1) Must be at least twenty-one years of age;
(2) Must be a resident of the City for at least one year and of the Council district for at least one year from which he seeks to qualify;
(3) Must be a qualified elector of the City; and
(4) Must not be a full-time non-elected employee of the City.
(b) To hold office as a Council member, a person:
(1) Must continue to possess the qualifications prescribed in Section 2-102 (a):
(2) Must, if elected from one Council district, continue to reside in the same Council district from which elected; and
(3) Must not hold any other elective public office, or hold any position of full-time employment with any county or city of the State of Georgia.
(c) The Council shall be the judge of the qualifications of its mem bers.
Section 2-103. Oath of Office and Penalty for Violation, (a) The

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oath to be taken and subscribed by the members of the Council including the President of Council before entering upon the duties of their office, shall be as follows: "I swear (or affirm) that I will faithfully and impartially demean myself as Council member, during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, expressly or impliedly, promised my vote or sup port to any person for any office in the city government of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in the City government to be influenced by fear, favor, or affection, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good. I further swear that I will uphold and support the Constitution and laws of the United States and of the State of Georgia".

(b) Any member of the Council including the President, found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the Council, by majority vote of its entire membership, shall bs forthwith expelled from office, and forever dis qualified thereafter from holding any position of honor, trust or emolu ment connected with the City government of Atlanta.

Section 2-104. Compensation. The compensation for the office of Council member shall be $8,800 per annum.

Section 2-105. Conflict of Interest. Except as otherwise provided by general law, no elected official, appointed officer or employee of the City or any office, department or agency thereof shall knowingly:

(1) Engage in any business or transaction with, or have a financial or other personal interest, direct or indirect, in the affairs of the City, except through a procedure employing sealed bids;

(2) Engage in or accept private employment or render services for private interests when such employment or service is in conflict with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties;

(3) Use confidential information concerning the property, gov ernment or affairs of the City or any office, department or agency thereof to advance the iinancial or other private interest of himself or others;
(4) Represent private interests in any action or proceeding against the City or any office, department or agency thereof;
(5) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest.

Chapter 2. President of the Council

Section 2-201. Election; Term. The President of the Council shall

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be elected from the City at-large for a term of four (4) years com mencing on the first Monday in January of 1974 and quadrennially thereafter, and he shall serve until his successor has taken office.

Section 2-202. Qualifications, (a) To qualify for election as Presi dent of the Council, a person:
(1) Must be at least twenty-five years of age;

(2) Must be a resident of the City for at least two years;

(3) Must be a qualified elector of the City; and

(4) Must not be a full-time non-elected employee of the City,

(b) To hold office as President of the Council, a person:

(1) Must continue to possess the qualifications prescribed in Section 2-202 (a); and

(2) Must not hold any other elective public office, or hold any position of full-time employment with any county or city of the State of Georgia.

Section 2-203. Compensation. The compensation for the office of President of the Council shall be $10,000 per annum.

Section 2-204. Powers and Duties. The President of the Council:

(a) shall preside at meetings of the Council, but shall not be a member of that body;

(b) shall vote only in the case of a tie vote of the Council;

(c) shall appoint the members and chairmen of such committees as may be established by the Council pursuant to its rules, and fill vacancies therein, provided any such appointments shall be subject to rejection by a majority vote of the total membership of the Council; and the President of the Council shall not be a member of any of said committees;

(d) shall exercise all powers and discharge all duties of the Mayor in the case of a vacancy in the office of Mayor or during the disability of the Mayor;

(e) shall be authorized to compel the attendance of Council mem bers by subpoena, subject to the rules of the Council;
(f) shall have such further powers and perform such other duties consistent with law as may be provided by ordinance or resolution of the Council; but shall have no power to introduce ordinances or resolu tions, or speak to any pending matter before the Council.

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Chapter 3. Organization, Rules, Officers and Employees

Section 2-301. Organizational Meeting and Oath of Office. The Council shall meet for organization in the Council Chamber on the first Monday in January following each regular election, or, if such Monday be a legal holiday, then on the next following day not a legal holiday. A judge of the Superior Court shall administer the oath of office to the Mayor, and the Mayor or any official authorized to ad minister oaths may administer the oath of office to each Council mem ber and to the President of the Council.

Section 2-302. Rules and Quorum. The Council shall by ordinance adopt and publish ru'es to govern its proceedings and transaction of business. A majority of the Council members, excluding the President, shall constitute a quorum. The Council may by ordinance provide meth ods to compel the attendance of its members and to punish for the violation thereof. The vote of a majority of the Council members present shall be required for passage of ordinances and resolutions, except as otherwise provided by law.

Section 2-303. Meetings. The Rules of the Council shall provide for the time and place of hoMing regular meetings, which shall be held at least twice each month on the first and third Monday (or if such Monday be a legal holiday, then on the next following day not a legal holiday), and for the calling of special meetings. All meetings of the Council and of its committees sha1 ! be open for attendance by the public as provided by law, and any citizen shall have access to the minutes and records thereof at reasonable times.

Section 2-304. Clerk of Council, (a) The Council shall appoint a Clerk of Council who shall not be a member thereof. The Clerk of Council shall be appointed for a term of four years and until his suc cessor has taken office.

(b) The Clerk of Council shall be the custodian of the official seal and of all records and documents of the City which are not assigned to the custody of some other officer. The Clerk, or his delegate, shall keep the rules of the Council and the minutes of the proceedings of th Council, maintain a current and comprehensive index of all ordi nances and resolutions, publish notice that ordinances have been pro posed for adoption under rules prescribed by the Council, and perform such other duties as may be assigned by this Charter or by ordinance.

(c) The Clerk of Council shall occupy the same status as a Depart ment Director and enjoy all the rights and benefits thereto including Emeritus status.

Section 2-305. Staff of the Council, (a) The Council shall be authorized to employ subject to civil service rules such employees as may be necessary for the proper discharge of its functions; provided, that no such employees shall serve as staff for individual members of the Council. Adequate faci ities and office space for such staff shall be provided. Said staff shall be within the civil service system of the City.

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(b) The Council may employ an auditor, who shall be a Certified Public Accountant solely responsible to the Council.

Section 2-306. Succession to Offices of Mayor and President of the Council. The Council shall by ordinance establish a line of succession to the office of Mayor beyond that specified in this Charter and a line of succession to the office of President of the Council.

Section 2-307. Changes in Compensation. To the extent allowable by law, the Council may by ordinance change the annual salary of the Mayor, of the President of the Council or of Council members, provided that each Council member shall receive the same salary and that no change in the salary of the Mayor, of the President of the Council or of Council memebrs shall become effective until the date of the commencement of terms of the Mayor, President of the Council and Council members elected at the next regular election following such change. Any such change shall be approved at least six months prior to the end of the current term of office.

Chapter 4. Procedures of Council

Section 2-401. Form of Legislation. Every official act of the Coun cil having the force and effect of law shall be by ordinance; all other actions may take such form as determined by rules or resolutions of the Council.

Section 2-402. Introduction, Consideration and Passage of Legisla tion, (a) No ordinance shall be adopted on the same date on which it is introduced, provided that this prohibtion shall not apply to any ordi nances relating to the authorization, sale, and issuance of bonds, in cluding general obligation bonds, revenue bonds, and special assessment bonds.

(b) Any member of the Council shall have the right to require the yeas and nays to be recorded on the minutes in all cases.

(c) Any one member of the Council may give notice of a motion to reconsider any vote, resolution or ordinance having for its object the increase of the indebtedness of the City, or the expenditure of its
moneys, or authorizing the sale of any part of the public property of the city, or the granting of any franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the applicant seeking the franchise, which notice shall operate to delay the question until such motion can be acted upon at the next regular or special meeting.

Section 2-403. Submission to Mayor--Mayor's Veto. Every ordi nance or resolution adopted by the Council shall be signed by the President of the Council, certified by the Clerk of Council and presented to the Mayor's office within two (2) calendar days following its adop tion. The Mayor shall approve or veto the ordinance or resolution within eight (8) calendar days after adoption, and no ordinance or resolution shall become effective without his approval except as herein provided. If the Mayor vetoes an ordinance or resolution, he shall within two (2)

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business days of such veto return it to the Council accompanied by a written statement of the reasons for his veto. If the Council shall pass the ordinance or resolution by a vote of two-thirds of its total member ship at the meeting next held after the ordinance or resolution has been returned with the Mayor's veto, it shall become law without his approval. In the event the Mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without his approval. The Mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation not vetoed shall become law, and the part or parts vetosd shall not become law unless passed by the Council over the Mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution.

Section 2-404. Codes of Technical Regulations. The Council shall be authorized to adopt any standard code of technical regulations by reference thereto on an adopting ordinance.

Section 2-405. Codification and Printing. The Council shall provide for the continuous updating, revision, codification and printing of all ordinances of general application, copies of which shall be made avail able to the public at reasonable cost.

Section 2-406. Hearings and Investigations. The Council, or any committee composed entirely of Council members to which such power is specifically granted by the Council, shall be authorized to conduct hearings and investigations of the operation and affairs of the City or of any office, department or agency thereof, and for such purpose the Council or said designated committee thereof shall have the power by subpoena to compel the attendance of witnesses and the production of documents and other evidence at any meeting thereof.

Section 2-407. Initiative and Referendum. The Council shall by ordinance prescribe procedures to govern the initiation, adoption, and repeal of ordinances by the electorate, and the Council shall authorize an initiative of referendum election on petition of not more than 15% of the registered voters qualified to vote in the preceding general municipal election.
ARTICLE III EXECUTIVE
Chapter 1. The Mayor
Section 3-101. Election; Term. Section 3-102. Qualifications. Section 3-103. Oath of Office and Penalty for Violation. Section 3-104. Compensation. Section 3-105. Powers and Duties. Section 3-106. Delegation of Powers and Duties.

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Chapter 2. Chief Administrative Officer

Section 3-201. Appointment, Qualifcations, Compensation. Section 3-202. Powers and Duties.

Chapter 3. City Departments

Section 3-301. General. Section 3-302. Administrative Reorganization. Setcion 3-303. City Attorney. Section 3-304. Director of Finance.

Chapter 4. Boards and Commissions Section 3-401. General.

Chapter 5. Personnel
Section 3-501. Civil Service. Section 3-502. Discrimination Prohibited. Section 3-503. Civil Service Board. Section 3-504. Credit Preference. Section 3-505. Temporary Employment of Persons Retired Under Pension Laws. Section 3-506. Compulsory Retirement: Policemen and Firemen.

Chapter 6. Planning
Section 3-601. Comprehensive Development Plan. Section 3-602. Five Year Development Plan. Section 3-603. Implementation; Updating and Revision.

ARTICLE III
EXECUTIVE
Chapter 1. The Mayor
Section 3-101. Election; Term. The Mayor shall be elected from the City at-large for a term of four (4) years commencing on the first Monday in January of 1974 and quadrennially thereafter, and he shall serve until his successor has taken office. Any Mayor who has been elected for three (3) consecutive four-year terms under the provisions of this Charter shall not be eligible to be elected for the succeeding term.

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1057

Section 3-102. Qualifications, (a) To qualify for election as Mayor, a person:

(1) Must be at least twenty-five years of age;

(2) Must be a resident of the City for at least two years;

(3) Must be a qualified elector of the City; and

(4) Must not be a full-time non-elected employee of the City,

(b) To hold office as Mayor, a person:

(1) Must continue to possess the qualifications prescribed in Section 3-102 (a); and

(2) Must not hold any other elective office, or position of fulltime employment with any county or city of the State of Georgia.

Section 3-103. Oath of Office and Penalty for Violation, (a) The oath to be taken and subscribed by the Mayor before entering upon the duties of his office, shall be as follows: "I swear (or affirm) that I will faithfully and impartially demean myself as Mayor, during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the City government of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in the City government to be influenced by fear, favor or affection, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good. I further swear that I will uphold and support the Constitution and laws of the United States and of the State of Georgia".

(b) If the Mayor is found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the Council by a majority vote of its entire membership, he shall forthwith be ex pelled from office, and forever disqualified thereafter from holding any position of honor, trust or emolument connected with the City govern ment of Atlanta.

Section 3-104. Compensation. The compensation for the office of Mayor shall be $40,000.00 per annum.

Section 3-105. Powers and Duties. The Mayor shall be the chief executive officer of the City and he shall have the power and it shall be his duty to:

(1) Execute and enforce the provisions of this Charter, the ordinances of this City and the laws of this State;

(2) Appoint all directors of departments of the City with the

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confirmation of the Council, and remove or suspend any directors of department in accordance with the provisions of this Charter;
(3) Direct and supervise the administration of all departments of the City;

(4) Prepare periodically, but not less than annually, and sub mit to the Council for approval, a comprehensive development policy which shall consider the City's physical, economic and social aspects and state the goals and objectives of Atlanta and its citizens and the necessary recommendations, policies, plans, programs, and priorities for attaining them;

(5) Prepare and submit to the Council for approval the annual budgets as provided in this Charter;

(6) Supervise the execution of the budget with power to trans fer operating funds within a department of the City, provided that any such transfer shall not exceed five percent of the total amount budgeted for any one department for any one year.

(7) Approve or veto proposed ordinances and resolutions as provided in this Charter;

(8) Convene special meetings of the Council at his discretion;

(9) At his discretion, conduct studies and make investigations and reports to the Council concerning the operations of depart ments, offices, and agencies of the City, and require any depart ment, board, commission or agency under his jurisdiction to submit written reports and information;

(10) Prescribe, require, publish, and implement standards of administrative, management and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities and other agencies of the City subject to his supervision and jurisdiction;

(11) Advise the Council as to the financial condition, future needs, and general welfare of the City and make such recom mendations to the Council concerning the affairs of the City as he deems desirable;

(12) When authorized by the Council, negotiate deeds, bonds, contracts, and other instruments and doceuments on behalf of the City and execute same after final approval by the Council;

(13) Represent the City in affairs of intergovernmental rela tions, promote and improve the government of the City, encourage the growth of the City and promote and develop the prosperity and social well-being of its people;

(14) At his discretion, initiate such administrative reorganiza-

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1069

tion within City government as he may deem desirable in ac cordance with this Charter, and as provided in Section 3-302 (b);

(15) Perform such duties as may be required by law, and in his discretion to perform such other duties as may be authorized by law.

Section 3-106. Delegation of Powers and Duties. The Mayor is hereby authorized to delegate the direction and supervision of the ad ministration of all or any departments of the City to the Chief Admin istrative Office as the Mayor may deem desirable; provided, that any such duties delegated by the Mayor shall be exercised under the super vision and direction of the Mayor; provided further, that in no event shall such delegation include the power to approve or veto ordinances or resolutions, convene meetings of the Council, serve as Acting Mayor, remove directors of departments or amend budgets.

Chapter 2. Chief Administrative Officer

Section 3-201. Appointment, Qualifications, Compensation. The Mayor shall appoint an officer whose title shall be "Chief Administra tive Officer". The appointment and removal of the Chief Administrative Officer shall be governed by the provisions of Section 3-301 (d) that relate to the appointment and removal of directors of departments. His compensation shall be fixed by the Council.

Section 3-202. Powers and Duties. The Chief Administrative Offi cer shall have the following powers and duties:

(a) To advise and assist the Mayor in the performance of his duties;
(b) To coordinate, review, and advise the Mayor regarding the activities of the various departments, bureaus, boards, commissions, authorities and other agencies of the City and make or cause to be made investigations and studies of the organization and procedures thereof and to require such reports therefrom as he deems necessary;
(c) To provide liaison, coordination and communications between and among City departments and agencies and the various agencies of the Federal, State and local governments and other public and private agencies concerning the affairs of the City;
(d) To provide direction on participation in Federal and State grant-in-aid programs, monitoring and evaluation of grant contract programs, and communications of program policies and priorities;
(e) To conduct research and make information available to the Mayor, Council and the various departments, offices and agencies of the City;
(f) To attend, in his discretion, meetings of the Council and its committees and to make available such information as may be re quested; and

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(g) To perform all other duties as may be lawfully delegated to him by the Mayor.

Chapter 3. City Departments

Section 3-3'01. General, (a) Except where another meaning is clearly intended, the word "department" in this Charter shall mean any agency designated as such by ordinance in the executive and admin istrative branch of the City government. The departments of the City shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein.

(b) The operations and responsibilities of such departments shall be distribtued among such divisions, or bureaus and shall consist of such officers, employes and positions as may be authorized by ordinance.

(c) There shall be a director of each department who shall be the principal officer thereof. Each director shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department and shall exercise general management and control thereof.

(d) All directors of departments under the supervision and direc tion of the Mayor shall be nominated by the Mayor with the confirma tion of the Council by a majority vote of its total membership and they shall serve for a term of four years and until their successors have taken office. The Mayor shall be authorized to suspend and/or remove directors of departments during their term of office but any removal shall not become effective for a period of twenty-one (21) calendar days following the date of the Mayor's giving of written notice of such action and the reasons therefor to said director with a copy thereof to the Council; provided that said director may appeal to the Council where upon he shall be tried by the Council, which may override the Mayor's action by a majority vote of its total membership wihin thirty (30) days following receipt of said notice by the Council; otherwise, said director shall be deemed to be removed from office.

(e) Vacancies occurring in an appointive office shall be filled for the unexpired term in the same manner as prescribed by this Charter for original appointments.

(f) The directors of departments and other appointed officers shall be appointed solely on the basis of their respective executive, administra tive and professional qualifications which shall be prescribed by ordi nance.

(g) The compensation of appointed officers and directors of depart ments shall be fixed by the Council.

(h) The Mayor may initiate or create additional departments sub ject to the provisions of this Charter, and approval by the Council.

Section 3-302. Administrative Reorganization, (a) The Mayor, as

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chief executive of the City, is hereby empowered, subject to any limita tions of this Charter, to initiate, direct and implement the reorganization of any deaprtment.

(b) The Mayor shall prepare and sign a plan of reorganization of any department or departments and shall submit such plan to the Coun cil. Any plan presented shall be in the form of a proposed ordinance and the Council shall by majority vote approve, modify or reject any such plan within sixty (60) days of its submission to the Council. No reorganization shall become effective until the Council has acted or sixty days have elapsed from the date of submission, whichever first occurs.

Section 3-303. City Attorney, (a) There shall be a City Attorney, who shall be appointed as provided in Section 3-301 (d) of this Charter. He shall be an active member of the State Bar of Georgia in good standing, and shall have had at least seven (7) years' experience in the active practice of law. He shall be the Director of the Department of Law which shall be created by ordinance, and he shall perform such duties as shall be provided by this Charter or by ordinance. He shall be responsible to the Mayor and to the Council.

(b) The City Attorney shall occupy the same status as a depart ment head or director and enjoy all the rights and benefits thereto.

(c) Neither the City Attorney nor any Assistant City Attorney shall directly or indirectly represent as attorney or counsellor at law any person or cause whose interests are in conflict with the interests of the City. Except as herein expressly prohibited, they shall be eligible to engage in the practice of law.

Section 3-304. Director of Finance, (a) There shall be a Director of Finance, who shall be appointed as provided in Section 3-301 (d) of this Charter. He shall be the Director of the Department of Finance which shall be created by ordinance, and he shall perform such duties as shall be provided by this Charter or by ordinance.

(b) The Director of Finance shall occupy the same status as a department head or director and enjoy all the rights and benefits thereto.

Chapter 4. Boards and Commissions
Section 3-401. General, (a) As related to corporate, municipal, governmental or public purposes, and for the security of the peace, health and good government of the City, the Council shall have the authority to create commissions, councils or boards which shall perform duties prescribed by the Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions.

(b) The Council shall have the authority to provide for the com position of such commissions, councils or boards, their periods of ex-

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istence, and for the compensation of their members and employees in whole or in part. The Council may provide by ordinance for reimburse ment of the actual and necessary expenses incurred by the members thereof in the performance of their official duties. The Council shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to such commissions, councils and boards to provide for their operation, either in whole or in
part.

(c) All regular, full-time employees of commissions, councils or boards which have been previously created, or hereafter created by the
Council shall be considered to be employees of the City. As such, they
shall be entitled to all of the benefits and privileges as are other em ployees of the City, and shall be subject to all laws, ordinances and reso
lutions governing employees of the City; provided, however, such em ployees shall be within the unclassified service of the civil service unless the Council shall provide by ordinance for other terms and conditions of
employment and personnel matters relating to such employees. No mem ber of a board or commission shall be deemed an employee of the City
under the provisions of this subsection.

(d) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment.

(e) No member of any board or commission shall assume office unitl he shall have executed and filed with the Clerk of Council an oath or affirmation obligating himself to faithfully and impartially perform
the duties of his office, such oath or affirmation to be prescribed by ordinance and administered by the Mayor or the chairman of the board
or commission.

(f) Any member of a board or commission created by the Council may be removed from office for cause by a majority vote of the Council members present.

(g) Each board and commission may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the Council, or applicable State law, as it deems appropriate and necessary
for the conduct of its affairs, copies of which shall be filed with the Clerk of Council.

(h) All boards and commissions and their employees shall comply with the budgetary procedures of the City as provided in this Charter.

(i) The boards and commissions of the City, now or heretofore established by Acts of the General Assembly, and hereby continued on the effective date of this Charter, shall be:
(1) Zoning Hearing Board (public hearings on amendments to the zoning ordinance).

(2) Community Relations Commission (community relations).

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(3) Officers' and Employees' Pension Board of Trustees (gen eral pensions).

(4) Policemen's Pension Board of Trustees (police pensions).

(5) Firemen's Pension Board of Trustees (fire pensions).

(6) Joint City-County Board of Tax Assessors (tax assess ments) .

(7) Library Board of Trustees (libraries).

(8) Urban Design Commission (City improvements).

(j) The functions of said boards and commissions shall be pre scribed by ordinance, adopted by the Council and approved by the Mayor, provided that any boards and commissions named in this Charter which derive their powers from general law shall continue to exercise such powers.

(k) The Mayor may initiate the creation of additional boards and commissions subject to the approval of the Council.

Chapter 5. Personnel
Section 3-501. Civil Service, (a) The Council shall establish by ordinance a system of civil service of the City, which shall be divided into a classified and an unclassified service. The classified and unclassi fied service shall cover the positions presently in the classified or un classified service respectively on the effective date of this Charter, unless otherwise provided by ordinance and any such ordinance shall be adopted accoring to the home rule procedures of Section 69-1017 (b) (1) of the Code of Georgia of 1933 as now or hereafter amended. The civil service system of the City shall not include employees of the Atlanta school system.

(b) The Council shall adopt by ordinance civil service rules and regulations to govern the classification of positions, the manner and method of publicizing vacancies, employing, appointing personnel and dismissing personnel, the qualifications of employees, the terms, condi tions and benefits of employment, retirement policy, grievance proce dures, and any other measures that promote the hiring and retaining of capable, diligent, honest career employees.

(c) The employees of the City shall have the right to have an or ganization of their choosing and the guidelines shall be agreed upon by the City of Atlanta and the employees' organization. The employees' organization shall have the right to meet with the city officials to work on all wages, hours and working conditions for the employees.

Section 3-602. Discrimination Prohibited. It shall be the policy of the City, its departments and boards, that all personnel matters shall be

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determined solely on the basis of merit and qualification, without respect to race, color, religion, sex, national origin, or political affiliation.

Section 3-503. Civil Service Board, (a) There shall be a Civil Serv ice Board, consisting of five members, appointed by the Mayor with the consent of the Council to six-year staggered terms of office as specified by ordinance of the Council. Three members shall constitute a quorum. The members shall annually elect one of their number as Chairman. The Mayor may suspend or remove board members for cause, subject to the provisions for notice, trial, and the other provisions of Section 3-301 (d).

(b) The Board shall:

(1) Hold its meetings in the City Hall;

(2) Hold regular meetings at least once monthly;

(3) Review, and in its discretion recommend amendments to, rules and regulations submitted thereto by the official responsible for personnel administration;

(4) Hold hearings when requested by an employee on proposed demotions, suspensions, dismissals, or other such actions and shall have such powers to dispose of such cases as shall be provided by ordinance;

(5) Make investigations requested by the Mayor or the Council or on its own motion;

(6) Keep minutes of its meetings and such other records as it may deem necessary;

(7) Establish guidelines for hearing any matters referred thereto by the official responsible for personnel administration, em ployees and employee organizations; and

(8) Recommend improvements in the Civil Service System to the Council.

Section 3-504. Credit Preference. All residents of the City of At lanta shall receive a credit preference of five per cent (5%) on their employment examination scores for employment with the City; provided, however, the cumulative preference as provided by law and this Charter shall not exceed ten per cent (10%) on their employment examinations.
Section 3-505. Temporary Employment of Persons Retired Under Pension Laws. The Mayor and Council may authorize the employment of any person who has theretofore retired under any of the pension laws, notwithstanding the age of such person, to render any special or par ticular service under contract, provided the employment is temporary and the necessity therefor is certified by the department head making the contract of employment. Such employees shall acquire no further pension or civil service rights by virtue of such temporary employment.

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Section 3-506. Compulsory Retirement: Policemen and Firemen. Each officer and employee of the Police Department and of the Fire Department, including the Chiefs of said Departments, shall retire at the end of the year following their sixty-fifth birthday.

Chapter 6. Planning
Section 3-601. Comprehensive Development Plan. The Mayor shall have a Comprehensive Development Plan of the City of Atlatna pre pared and maintained to be used as a guide for the growth and develop ment of the City and which will identify its present an planned physical, social and economic development. This plan shall: (1) set forth the comprehensive development goals, policies and objectives for both the entire City and for individual geographic areas and communities within the City, and (2) in conformance with such development goals, objec tives and policies, identify the general location, charter, and extent of streets and thoroughfares, parks, recreation facilities, sites for public buildings and strutcures, City and privately owned utilities, transporta tion systems and facilities, housing, community facilities, future land use for all classifications, and such other elements, features and policies as will provide for the improvement of the City over the next fifteen (15) years.

Section 3-602. Five and One Year Development Plans. The Mayor shall have a Comprehensive Five Year Development Plan prepared which shall: (1) present a recommended generalized land use development pattern to guide the growth of the City over a succeeding five year period and (2) include the City's specific development goals and objec tives based upon existing and projected demographic an socio-economic factors and public and private community facilities for the entire City and individual geographic areas and communities within the City, as related to the Comprehensive Development Plan and to regional plans. In addition, the Mayor shall have a one year development plan prepared that delineates the City's proposed land use development pattern for a succeeding twelve month period and is based upon the development goals an objectives specified in the City's five year development plan.

Section 3-603. Implementation: Updating and Revision, (a) Prior to the preparation of each comprehensive development plan, the Mayor shall have hearings held in each Council District in such manner as the Council shall prescribe by ordinance. The Mayor shall submit to the Council such plans that will include a fifteen year, five year, and a one year Comprehensive Development Plan, along with a Comprehensive Zoning Plan for all properties within the City limits. These plans, up dated each year, shall be submitted to the Council before its first regu lar meeting in January of each year. The Council shall conduct public hearings concerning such plans. Thereafter, the Council shall adopt such plans, after making any amendments or revisions thereto that the Coun cil considers appropriate, by not later than the last regular Council meeting in February of each year.

(b) The approved Comprehensive Development Plans shall be used as a guide for the preparation of the City's Capital Improvement Pro gram and Capital Budget.

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(c) The Mayor shall maintain an up-to-date Zoning Map for all properties within the City limits.

(d) Following the annual updating and adoption of the City's de velopment plans, the Council shall amend the City's zoning ordinance to conform it to the updated development plans in accordance with pro cedures prescribed by general law.

ARTICLE IV COURTS

Section 4-101. Establishment; Designation.

Section 4-102. Jurisdiction.

Section 4-103. Appellate Review.

Section 4-104. Judges; Selection; Qualifications; Term; Oath; Compensation; Vacancies.

Section 4-105. Judges; Powers and Duties.

Section 4-106. Removal of Judges.

Section 4-107. Solicitor; Selection; Qualifications; Term; Oath; Compensation; Duties; Vacancies.

Section 4-108. Public Defender; Selection; Qualifications; Term; Oath; Compensation; Duties; Vacancies.

Section 4-109. Judges, Solicitors and Public Defenders Pro Hac Vice.

Section 4-110. Personnel; Rules; Procedures.

Section 4-111. Service of Process and Orders by City Police.

Section 4-112. Codes of Ethics.

ARTICLE V
COURTS
Section 4-101. Establishment; Designation. Pursuant to the provi sions of Article VI, Section I, of the Constitution of Georgia, as amended, there shall be in the City a court to be known as the Municipal Court of Atlanta, which shall have a minute book, and a seal of appropriate design prescribed by the Council.

Section 4-102. Jurisdiction. The Court shall have jurisdiction co extensive with the territorial limits of the City of Atlanta, Georgia, to:

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(1) Try all offenses against the ordinances of the City of At lanta, except those relating to and regulating traffic, and to impose such penalties for violation thereof as may be prescribed by ordi
nance.

(2) Try, hear and abate nuisances as provided by the laws of this State;

(3) Hear, try and determine as a committing court all war rants for the violation of any State law and, while acting under the authority of the laws of the State of Georgia, to bind over such persons to an appropriate higher court for the eventual trial of said
case; and

(4) Probate, revoke, amend, remit, modify, alter or suspend sentences imposed, provided that the Mayor may grant reprieves and pardons, commute penalties, and remit any part of a sentence following defendant's request therefor to the Court.

Section 4-103. Appellate Review. The orders, verdicts, judgments and sentences of the Court shall be subject to appellate review, by writ of certiorari in the appropriate superior court, or as otherwise provided by general law.

Section 4-104. Judges; Selection; Qualifications; Term; Oath; Compensation; Vacancies, (a) There shall be a chief judge of the Mu nicipal Court. There shall be such number of associate judges as shall be provided by ordinance. The judges shall by a majority vote of their number elect the chief judge to serve at their pleasure.

(b) To qualify for election as a judge of the Municipal Court after the effective date of this Charter, a person shall be at least twenty-five years of age, a qualified elector of the City for at least one year, a member of the State Bar of Georgia, and a practicing attorney or judge for five years. To hold office as a judge after such election, a person shall continue to possess said qualifications and shall not hold or qualify for any other public office.

(c) Judges of the municipal court shall be elected from the City atlarge for a term of four years commencing on January 1, 1974, and guadrennially thereafter, and they shall serve until their successors have taken office. The conduct of the election for judges of the municipal court shall be governed by the provisions of the "Georgia Municipal Election Code", approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended, and the regular election for judges of the mu nicipal court shall be held at the same time as regular elections for election of the Council of the City.

(d) Before entering upon the duties of his office, each judge shall take and subscribe an oath, or affirmation before some officer autho rized to administer oaths, faithfully to discharge the duties of the office.

(e) The annual salary of the judges shall be fixed by the Council.

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(f) Judicial vacancies shall be filled for the unexpired term by ap pointment of the Mayor from a panel of three (3) members of the Geor
gia Bar in good standing nominated by a Judicial Commission for each vacancy that exists. The Atlanta Bar Association and the Gate City Bar
Association shall each appoint three of their members to said Commis sion, and the Mayor shall appoint two Atlanta citizens who are not at
torneys to said Commission. All members of the Commission shall have resided in the City for at least 12 months.

(g) During his incumbency, a judge shall not engage in the private practice of law.

Section 4-105. Judges; Powers and Duties, (a) the chief judge of the Court shall be responsible for the general superintendence of the
business of the Court and shall preside at all meetings of the judges. He shall from time to time determine the number of divisions into which the Court shall be divided and he shall assign the associate judges to duty therein. He shall prescribe the hour for the opening of the various
divisions of the Court and shall superintend the preparation of such calendars as he shall deem necessary and proper. He shall establish and
supervise a system for keeping the records of the Court and shall require such report from the associate judges, solicitor, Clerk and other Court personnel as he shall deem necesary and proper. He shall perform such
other duties as the Council shall require.

(b) Whenever a judge of the Municipal Court shall be indicted for relevant documentary evidence in the possession of any party upon show
ing of good cause to enforce obedience to their orders and processes and to implement their orders, judgments and sentences. In addition, the pro
visions of general law are conferred upon such judges, insofar as ap
plicable, in regard to witnesses and their attendance, subpoenas, proce dures and practice and powers of courts, including, but not limited to,
power to punish for contempt and to forfeit bonds. The judges and other officers of such court may administer all oaths pertaining to their
respective offices as fully as the judges and corresponding officers of
the superior courts. The judges may take affidavits and attest other papers in like manner as justices of the peace. The judges shall have such other powers and duties as shall be provided by ordinance.

Section 4-106. Removal of Judges, (a) A judge of the Municipal Court shall forfeit his office and it shall be vacant upon final conviction of, or the entering of a plea of guilty for a crime involving moral turuitude, a felony or other crime involving malfeasance or misfeasance while in office; or failure at any time to possess any of the qualifica tions of office as provided by this Charter or by law. The unexpired term of office shall be filled as provided in this Charter.
(b) Whenever a judge of the Municipal Court shall be indicated for a crime involving moral turpitude, a felony, or other crime involving mal feasance or misfeasance while in office, he shall be automatically sus pended from office without pay until final conviction, acquittal, or other disposition of the charges against him. Immediately thereafter, unless he has been convicted or pleaded guilty, he shall be reinstated in office and shall receive all compensation withheld during his suspension; otherwise his office shall be vacant.

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Section 4-107. Solicitor; Selection; Qualification; Term; Oath; Compensation; Duties; Vacancies, (a) There shall be a solicitor of the Municipal Court of Atlanta. There shall be such assistant solicitors thereof as the Council shall provide by ordinance. The Mayor shall ap point the solicitor to a four year term from a panel of three nominees submitted by a Judicial Commission as provided in this Charter for the filling of judicial vacancies. The assistant solicitors shall be appointed by the solicitor to serve at his discretion. The solicitor and assistants shall be and remain members of the State Bar of Georgia.

(b) Before entering the duties of their office, the solicitor and assistants shall take and subscribe an oath or affirmation before some officer authorized to administer oaths, faithfully to discharge the duties of the office.

(c) The annual salary of the solicitor and assistants shall be fixed by the Council.

(d) The solicitor and assistants shall perform such duties as shall be prescribed by ordinance.

(e) Vacancies in the office of solicitor or assistant solicitor shall be filled for the unexpired term in the manner of original appointment.

(f) During his incumbency the solicitor may not engage in the prac tice of law other than in the discharge of his duties; the assistant solicitors shall not engage in the practice of law before the Municipal Court except in the discharge of their duties.

(g) The solicitor may be removed in accordance with the procedures provided in Section 3-301 (d).

Section 4-108. Public Defender; Selection; Qualifications; Term; Oath; Compensation; Duties; Vacancies.

(a) There shall be a public defender of the Municipal Court of At lanta. There shall be such assistant public defenders thereof as the Council shall provide by ordinance. The provisions of this Chapter relat ing to the appointment, term, qualifications, oath, vacancies, practice of law, and removal of the solicitor shall also apply to the public defender. The assistant public defenders shall be appointed by the public defender to serve at his discretion. The public defender and assistants shall per form such duties as shall be prescribed by ordinance. The provisions of this Chapter relating to the term, qualificaitions, oath, vacancies, prac tice of law and removal of the assistant solicitors shall also apply to the assistant public defenders.

(b) During his incumbency, the public defender shall not engage in the practice of law other than in the discharge of his duties.
Section 4-109. Judges, Solicitors and Public Defenders Pro Hac Vice, (a) The Council shall determine the initial number of court officers pro hac vice. The chief judge shall appoint judges, solicitors and public

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defenders pro hac vice from panels of three nominees submitted by a Judicial Commission, as provided in this Charter for the filling of Judi cial vacancies. The qualifications for said appointees shall be the same as for judges, solicitors and public defenders, respectively, and they shall act in the event of emergency or necessity.

(b) At such time that a judge pro hac vice, solicitor pro hac vice or public defender pro hac vice is needed by this Court for more than threefourths of the working days of this Court in any six month period, an additional position of associate judge or assistant solicitor or public defender shall be established, subject to approval by majority vote of
the Council.

(c) Any judge of the City Court of Atlanta may preside in the Municipal Court of Atlanta as provided by ordinance, and when so pre siding and acting as judge, have full power and authority in all matters pending in such Court.

Section 4-110. Personnel; Rules; Procedures, (a) There shall be a Clerk of the Municipal Court, not subject to civil service, who shall be appointed by a majority vote of the total number of the judges thereof to serve at their pleasure. The Clerk shall have such powers and duties as shall be prescribed by ordinance.

(b) The judges in conference shall employ subject to the City's civil service laws, regulations and rules such other employees and staff of the Court as shall be provided for by ordinance, and such employees and staff shall be within the civil service system of the City.

(c) Criminal prosecutions in the Court may be instituted by sum mons, written information or accusation specifically setting forth the offense charged. Such information, accusation and summons may be signed by the solicitor or assistant solicitor or any member of the police department or such officers of the City as may be specifically authorized by ordinance. The judges of such Court may issue warrants either on their own knowledge or on information given under oath. Except in capi tal cases, they shall have the same power to fix bonds as judges of the Superior Courts. The Chief Judge shall provide for the terms and ses sions of the Court.

(d) All copies of documents and records of the Court certified by the Clerk under the seal of the Court shall be admissible in all proceed ings in the same manner and to the same extent as documents bearing the certificate of the clerks of the Superior Courts of the State and the seals of such courts.

(e) Except as provided in this Charter, none of the personnel of the Court shall:
(1) Be employed by, members of, or under the jurisdiction of the police department.
(2) Actively practice law before the Municipal Court, except in the discharge of their duties.

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Section 4-111. Service of Processes and Orders by City Police. The chief of police and members of the police department of this City and any employees of the Court designated by the judges, and such other officials or persons as authorized by law, shall have the authority to serve all processes and orders of this Court; in the absence of sufficient designated employees of the Court, members of the police department shall have the authority to serve as bailiffs or constables at the discre tion of the Chief Judge.

Section 4-112. Codes of Ethics, (a) The Code of Judicial Conduct, as adopted by the American Bar Association in August, 1972, shall gov ern the conduct of the judges of the Municipal Court.
(b) The Code of Professional Responsibility, as adopted by the American Bar Association on August 12, 1969, shall govern the conduct of the solicitor, public defender, and their assistants, of the Municipal Court.
(c) Said Codes are hereby incorporated herein by reference as if set out at length in this Section, and a copy thereof is on file in the office of the Clerk of Council.
ARTICLE V ELECTIONS AND REMOVAL
Chapter 1. Conduct of Elections
Section 5-101. Applicability of General Laws.
Section 5-102. Regular Elections; Time For Holding; Voting.
Section 5-103. Special Elections; Filling of Vacancies.
Section 5-104. Use of Public Buildings.
Section 5-105. No Partisan Primaries; Candidates Listed Without Party Label.

Chapter 2. Council Districts; Reapportionment Section 5-201. Council Districts. Section 5-202. Reapportionment of Council Districts.

Chapter 3. Removal of Mayor and Council Members Section 5-301. Recall Elections. Section 5-302. Forfeiture of Office and Suspension. Section 5-303. Removal of Mayor For Inability to Serve.

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ARTICLE V ELECTIONS AND REMOVAL

CHAPTER 1. CONDUCT OF ELECTIONS

Section 5-101. Applicability of General Laws. Except as otherwise provided by this Charter, regular and special elections shall be conducted in accordance with provisions of an Act of the General Assembly entitled the "Georgia Municipal Election Code", approved April 4, 1968, (Ga. Laws 1968, p. 885), as now or hereafter amended.

Section 5-102. Regular Elections; Time for Holding; Voting, (a) The regular general election for electing the Mayor, President of the
Council and all Council members of the City of Atlanta shall be held
on the first Tuesday after the first Monday in October of 1973 and quadrennially thereafter.

(b) The entire electorate of the City shall be entitled to vote in elections for Mayor, President of the Council and six at-large Council members who shall reside respectively in District No. 1 or 2, District No. 3 or 4, District No. 5 or 6, District No. 7 or 8, District No. 9 or 10, and District No. 11 or 12. The entire electorate of each Council district shall be entitled to vote for the election of a district Council member elected solely from that district. The person receiving the majority of the votes cast for each position shall be elected.
Section 5-103. Special Elections; Filling of Vacancies, (a) In the event the office of Mayor, President of the Council, or Council member shall become vacant by reason of death, resignation or otherwise as pro vided by this Charter, the Council shall, within thirty (30) days after the occurrence of such vacancy, call a special election to be held no earlier than 30 days and no later than 60 days after the date of the call to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the City; except:
(1) If a regular election for the office of Mayor is to be held within two (2) years after the date that a vacancy in the office of Mayor oc curs, the President of the Council shall assume and discharge the powers and duties of the office of Mayor for the duration of the Mayor's un expired term, and a President Pro Tern., elected in accordance with the rules of the Council, shall perform the duties of the President of the Council during such period.
(2) If a regular election for the office of President of the Council is to be held within two (2) years after the date that a vacancy in the office of President of the Council occurs, the vacancy shall be filled by majority vote of the remaining members of the Council from the mem bership of the Council.
(3) If a regular election for the office of Council member is to be held within two (2) years after the date that a vacancy in the office of Council member occurs, the remaining members of the Council shall by majority vote appoint a qualified person to fill the vacancy.

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(b) In all other respects, every special election shall be held and conducted in accordance with applicable provisions of the Georgia Mu nicipal Election Code.

Section 5-104. Use of Public Buildings. It shall be the duty of the Council to make available for voting purposes all public buildings of the City which may be needed or required for such purpose on all elec tion days.

Section 5-105. No Partisan Primaries; Candidates Listed Without Party Label. No political party shall conduct primaries for the purpose of nominating candidates for municipal elections. In all municipal elec tions conducted by or for the City of Atlanta, the names of all candidates shall be listed upon the ballot without party label.

Chapter 2. Council Districts; Reapportionment

Section 5-201. Council Districts. The territory of the Council shall consist of twelve (12) Council districts to be designated respectively as Districts No. 1 through No. 12, and the boundaries of the initial Council districts shall be as specifically described and set forth in Appendix Two hereof.
Section 5-202. Reapportionment of Council Districts, (a) The Coun cil shall be required to reapportion the Council district boundaries not later than six (6) months prior to the general municipal election follow ing publication of the official Federal decennial census of population. Every reapportionment of Council districts shall apply to the election of Council members to be elected at the next regular general municipal election next following its adoption.
(b) The Council shall by ordinance reapportion the Council districts to comply with the following specifications:

(1) Each Council district shall be formed of contiguous territory, and its boundary lines shall be the center lines of streets or other welldefined boundaries.

(2) Such Council districts shall be as nearly equal in population as is practicable.

(c) In addition to the requirement on reapportionment contained in subsection (a), the Mayor and Council shall have power to make changes in the Council district lines after the first Monday in January, 1974, whenever it is deemed advisable to contract or extend them, for the benefit of the citizens thereof, provided that the Council district lines when rearranged shall not include more than twelve districts and shall comply with the provisions of subsection (b).

Chapter 3. Removal of Mayor and Council Members

Section 5-301. Recall Elections, (a) Any person holding an elective office of the City shall be subject to removal from office at a recall election in the manner provided in this Chapter.

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(b) A recall of an incumbent of an elective office shall be initiated upon a written request to that effect signed by not more than twentyfive (25%) per cent of the registered voters eligible to vote for such office in the last preceding general municipal election. The Council shall prescribe rules and regulations governing the initiation and preparation of such written request and the procedures for holding the recall election.

(c) If at such election a majority of the registered voters voting in such recall election approve the recall of an incumbent, upon certifica tion of the results of the election, the office shall be vacant. If a majority of the registered voters voting in a recall election shall disapprove the recall of an incumbent, he shall remain in office.

Section 5-302. Forfeiture of Office and Suspension, (a) The Mayor, President of the Council or any Council member shall forfeit his office and it shall be vacant upon final conviction of, or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office; or for failure at
any time to possess any of the qualifications of office as provided by this Charter or by law. The unexpired term of office shall be filled as provided in this Charter.

(b) Whenever the Mayor, President of the Council or a Council member shall be indicted for a crime involving moral turpitude, a felony or other crime involving malfeasance or misfeasance while in office he shall be automatically suspended from office without pay until final con viction, acquittal, or other disposition of the charges against him. Imme diately thereafter, unless he has been convicted or has pleaded guilty, he shall be reinstated in office and shall receive all compensation withheld during his suspension; otherwise, his office shall be vacant.

Section 5-303. Removal of Mayor For Inability to Serve. During the temporary inability of the Mayor to perform the duties of his office, the President of the Council shall serve as and shall have all the powers and duties of the Mayor, provided the Council shall by three-fourths (3/4's) vote of the entire membership serving thereon certify such in ability by resolution, which resolution shall become immediately effec tive without action by the Mayor. The Council shall determine by major ity vote of its members when the Mayor is again able to perform the duties of his office.

ARTICLE VI REVENUE AND FUND ADMINISTRATION

Chapter 1. Revenue

Section 6-101. General Power of Taxation. Section 6-102. Excise Taxes. Section 6-103. Assessment, Return and Collection of City Taxes. Section 6-104. Collection of Public Utility Taxes. Section 6-105. Fulton and DeKalb County Territory.

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Section 6-106. Exemptions. Section 6-107. No New Grant of Taxing Power.

Chapter 2. Borrowing and Indebtedness
Section 6-201. Bonds To Be Issued and Sold Under General State Laws.
Section 6-202. Issuance of General Obligation Bonds. Section 6-203. Limitations Upon General Obligation Bonds. Section 6-204. Issuance of General Obligation Bonds Without Ref erendum. Section 6-205. Revenue Bonds. Section 6-206. Other Revenue Bonds. Section 6-207. Special Assessment Bonds. Section 6-208. Investment of Surplus Funds. Section 6-209. Registration, Transfer and Negotiation of Bonds. Section 6-210. Issuance of Registered Bonds in Lieu of Coupon Bonds.

Chapter 3. Fiscal Control

Section 6-301. Budget Commission.
Section 6-302. Appropriations Committee.
Section 6-303. Adoption of Budget.
Section 6-304. Expenditure of Excess in Receipts Over Appropria tions.
Section 6-305. Budget Amendments.
Section 6-306. Unlawful Obligations Void.
Section 6-307. Appropriations for Charitable Purposes.
Section 6-308. Authority of City to Contract with Commissions, Councils, Boards, etc.
Section 6-309. Audit.
Section 6-310. Accounting Systems.
Section 6-311. Increase in Salaries. Section 6-312. Evidence of Justice of Claims.

Chapter 4. Procurement and Disposition of Property

Section 6-401. Contracting Procedures. Section 6-402. Purchasing Procedures. Section 6-403. Sale and Disposition of Property.

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ARTICLE VI REVENUE AND FISCAL ADMINISTRATION

Chapter 1. Revenue

Section 6-101. General Power of Taxation, (a) For the purpose of raising revenue for the support and maintenance of the City govern ment and for other corporate purposes, the governing body shall have full power and authority to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal prop erty, which, under the laws of this State, is subject to taxation within the corporate limits of the City. For the purpose of raising revenue for the payment of interest and principal on the bonded indebtedness of the City, the governing body shall have full power and authority to provide by ordinance for the assessment, levy and collection of an annual ad valorem tax on all real and personal property, which, under the laws of the state is subject to taxation within the corporate limits of the City, such an amount in millage as may be necessary to meet and pay all such obligations.

(b) The tax authorized by the preceding subsection for permanent improvements in the parks of the City shall be used exclusively for permanent improvements of the zoo, golf course, recreational facilities
and other park.

(c) No enumeration of any right, power or authority provided in this Charter shall be construed as limited or abolishing any right, power or privilege herein set forth.

(d) There shall be assessed, levied and collected an annual ad valorem tax for the support of public schools and for educational pur poses, at the millage rate determined by the Central Board, to be billed and collected as other ad valorem taxes are billed and collected in accordance with this Charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the Chairman of the Central Board and filed with the govern ing Authority, the format and time of annual filing of such request to be the only action by the governing authority of the City necessary to levy such tax annually. All revenue derived from such school and edu cational ad valorem tax shall be paid into the treasury of the City and shall be remitted monthly to the Central Board free from any charge except the direct cost of collecting such tax.

(e) The governing body shall be authorized to assess, levy and impose taxes on lots and lot owners for sanitary purposes in such amount, rates or methods of assessment and taxation as it may in its discretion deem proper; provided further the governing body shall be authorized and empowered to collect such taxes by execution against the lot so assessed and the owner thereof and provide for the use of such proceeds. The amount so assessed shall be a lien on the lot from the date of the assessment. The governing body shall be authorized to prescribe what shall constitute a lot for sanitary purposes and assess ment; provided, that assessment shall not be made on vacant lots, and resident lots shall not be subdivided for assessment except where they

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have two or more houses used or intended for use as separate tene ments built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon.

(f) The governing body shall be authorized in addition to making assessments for sanitary purposes, to charge fees for the collection, removal and/or disposal of all solid waste except body wastes, ashes, street cleanings, dead animal, abandoned automobiles, and market and industrial wastes, such fees to be charged against the owners, or when not owner-occupied, against the occupants, tenants or lessees of the premises from which the fee is collected, removed and/or disposed. The amount of such fees may depend upon the amount, weight or volume of collections and whether collected from residential, commercial, indus trial or other property.

Section 6-102. Excise Taxes, (a) Except as otherwise provided by general law, the governing body shall be authorized and empowered
to classify businesses and arrange the various businesses, trades and professions carried on in the City into such classes of subjects for taxation as may be just and proper.

(b) Except as otherwise provided by general law, the governing body shall have full power and authority to require any person, firm, corporation or company engaged in, prosecuting or carrying on, or that may engage in, prosecute or carry on any trade, business, calling, or profession, to register their names and business, calling, or profession annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession, such fee, charge or tax, as the governing body may deem expedient for the safety, benefit, convenience and advantage of the City. The tax, registration fee or license herein provided for, shall be imposed in the discretion of the governing body. The governing body shall also have power and authority to prescribe and collect fees for the issuing of business licenses or executions, either or both, and for the collection of executions.

(c) The governing body shall be authorized to impose and collect license fees and taxes on life insurance companies as authorized by an Act of the General Assembly of Georgia approved February 20, 1964 (Ga. Laws 1964, p. 122), as now or hereafter amended, and on fire and casualty insurance companies as authorized by an Act of the General Assembly approved April 12, 1968, (Ga. Laws 1968, p. 3706), as now or hereafter amended.

(d) The governing body shall have full and complete power and authority to require every person, firm or corporation engaged in the business of selling spirituous, vinous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold. Such taxes shall be in addition to any and all other taxes or license fees authorized by law.

(e) If the corporate limits of the City are extended so as to in clude therein businesses, professions and trades located therein which were previously licensed through an examination or otherwise, by the

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governing authority of the annexed area, such licenses shall have the same dignity and standing as if they were in the first place issued by the governing authority of the City of Atlanta; provided, that any busi nesses not located therein must secure a new license from the City; provided further, that City license renewal fees shall be payable thereby following the calendar year of said extension of the corporate limits. No such license shall have such dignity and standing unless the licensee shall apply to the City for a certificate of proficiency within six (6) months after approval of the annexation affecting such licensee.

Section 6-103. Assessment, Return and Collection of City Taxes, (a) Except as otherwise provided by general law, this Charter or ordi nance, all taxes on property subject to taxation other than assessments made by the Revenue Commissioner of Georgia shall be assessed by the Joint City-County Board of Tax Assessors and collected by the Fulton County Tax Commissioner in accordance with applicable laws as now or hereafter amended governing the return, assessment, and collection of taxes within the City of Atlanta. The Tax Commissioner shall receive all tax returns for the City of all taxable property located in the City within Fulton County and in that portion of the City located in DeKalb County except business personal property situated in such Counties, the return of which shall be made to the Joint Board of Tax Assessors as provided by Georgia Law. For the City of Atlanta in Fulton County and for that portion of the City of Atlanta located in DeKalb County, the Tax Commissioner shall prepare consolidated tax return forms for State, County and City taxes and shall cause their use for the return of such property. The Tax Commissioner shall bill for all taxes due to the City on property in both Counties and shall receive all payments of such taxes, including interest and fi. fa. costs thereon. He may be authorized by the governing body to collect delinquent taxes due to the City on property in such Counties with the same powers and authorities held by the Director of Finance of the City. Sales made by the Tax Commissioner shall carry the title to the property as if made by the City Finance Director.
(b) The Tax Commissioner shall give bond payable to the City of Atlanta, in an amount to be determined by ordinance, conditioned upon payment to the City of all sums collected by him for and on behalf of the City. The premium on such bond shall be paid by the City.
(c) The time or times for the payment of taxes assessed against real estate and personal property in the City shall be fixed by ordinance of the governing body; provided, that said ordinance shall not be changed during any current year but shall apply to the years succeeding the date of the passage of such ordinance. The ordinance may provide for payment of taxes monthly, quarterly or otherwise, as the governing body may provide; and on failure to pay the taxes or installment on taxes, as fixed by the ordinance, such taxes shall bear interest at such rate as may be fixed by the governing body, to be charged on any in stallment not paid at the time ordained. If all the tax assessed for the current year is paid during the first tax period fixed, as provided by ordinance, a discount for such payment may be allowed, not exceeding three per cent, as provided by ordinance, on the total amount of such annual taxes. If the total taxes are not paid during the first period, but are paid during some of the other periods fixed in the ordinance, a discount may be allowed thereon not exceeding the stated sum of

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three per cent; provided, that there shall be deducted from the discount a proportionate sum corresponding to the period of the year during which such taxes remained unpaid. The interest shall be computed from the date the taxes are made payable. The whole question of the times of payment is left to the discretion of the governing body and it may, by ordinance, provide one or more times of payment during the current year. If any ad valorem tax or portion of ad valorem tax is not paid at the time prescribed by ordinance, execution shall be issued for the en tire tax on the unpaid balance of the entire tax on December 20 and shall bear interest from August 15; provided however, if December 20 of any year shall fall on Sunday, then the fi. fa. shall be dated De cember 21.

(d) The governing body, by ordinance, may provide for penalty for late payment of business licenses, taxes, and sanitary services in such amounts as deemed necessary.

(e) The Director of Finance shall be ex-officio marshal and shall collect all delinquent taxes and shall be authorized to collect or levy fi. fas. for taxes, assessments and fines; make sales of property to satisfy executions under the laws applicable to sheriff's sales; issue, sign and record executions; and issue tax executions instanter against the owner of personal property, subject to a lien for unpaid taxes, which is being removed or is about to be removed beyond the limits of the City. He shall pay into the City treasury all fees paid into his office. He shall transfer and assign all fi. fas. issued for assessments as provided by law for tax fi. fas. A deputy of the Director of Finance, or any other City officer as provided by ordinance, may issue and sign executions and levy fi. fas. A proportionate amount of taxes due under a fi. fa. may be paid as to a particular lot or tract of land to withdraw said land from the lien thereof. Deeds made under this Section shall be admissible in evidence on the same terms as deeds made for State and county taxes. The proceedings preliminary to the execution of such deeds shall also be admissible. The governing body may sell and transfer executions at a discount or discounts and preserve liens as provided in Ga. Laws 1937, p. 795, as amended. Personal property levied on in the City may be sold at any place within the corporate limits, thereof as provided by ordinance. The Director of Finance shall deduct from any payment due by the City to pay any person, firm or corpora tion the amount of any delinquent bill or amount due the City prior to the payment of any such bill or account.

(f) It shall be the duty of the tax commissioners to furnish with all tax bills a detailed statement which shall furnish separately (1) purposes for which the taxes have been assessed and levied and (2) the number of mills assessed: for general operations and debt service, schools, parks, and any other purpose for which taxes have been as sessed and levied; the dollar amount of taxes levied by purposes; and any other relevant information necessary to advise the taxpayers, either on the statement or on a paper to be enclosed with the statement, con cerning the taxes imposed on them.

(g) The Director of Finance shall be ex-officio Treasurer of the City and shall assume all the duties as may be required of that office.

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Section 6-104. Collection of Public Utility Taxes. The Director of Finance, ex-officio marshal, shall collect tall taxes, including sanitary taxes and delinquent taxes, due the City by public utilities. He is further empowered to collect, levy, issue, transfer and assign all fi. fas. for taxes and fines, to sell property so levied on under rules governing the sheriff and his deputies, to issue and assign executions and instanter executions for taxes and assessments and to perform such other serv ices as the governing body shall prescribe by ordinance; provided however, property so levied upon may be redeemed by proportionate payment of taxes, as provided for in an Act of the General Assembly approved March 24, 1933 (Ga. Laws 1933, p. 279). Provided, however, that nothing contained in this Section shall abrogate the central assess ment and return provisions of general law as applied to public utilities.

Section 6-105. Fulton and DeKalb County Territory, (a) The governing body shall be authorized to contract with Fulton and DeKalb County tax receivers or commissioners for that portion of the City lying within such counties for consolidated tax return forms, tax digests of property returned, billing for taxes, receipt of payment for such taxes and payment to the City of such sums as provided in this Chapter. Compensation for rendering such services, shall be an amount equal to the cost of rendering the services, but not to exceed one (1%) per cent of all sums collected for the City.

(b) The records of the tax receivers or commissioners of any coun ties in which portions of the City of Atlanta lie shall be available at all business hours to duly authorized representatives of the City.

(c) The contents and delivery of tax bills, information to be fur nished by the City, payment of taxes in installments, apportionment of taxes, partial payments, kinds of taxes collected, tax executions and bonds of tax collectors or tax commissioners shall be provided for by ordinance in accordance with an Act of the General Assembly, approved February 21, 1951 (Ga. Laws 1951, p. 3087), and an Act of the General Assembly, approved March 2, 1953 (Ga. Laws 1953, p. 2809), as amended, and as otherwise required by law.

Section 6-106. Exemptions, (a) The maximum homestead exemp tion as authorized by law is applicable to all property qualifying for such exemption which is subject to ad valorem taxes in the City.

(b) The procedures and requirements for determination of eligi bility, application for exemption, time for filing and absence due to duty in armed forces, shall be provided for by ordinance.

Section 6-107. No New Grant of Taxing Power. Any other provi sions of this Charter to the contrary notwithstanding, nothing con tained within this Charter shall be deemed nor construed to confer upon the City of Atlanta any power to levy and assess taxes and fees which the City of Atlanta did not possess on January 1, 1973. Provided, however, nothing contained within this Section shall preclude said city from exercising additional powers to levy and assess taxes and fees which are conferred by general or local law, other than this Charter, which are enacted subsequent to January 1, 1973.

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Chapter 2. Borrowing and Indebtedness

Section 6-201. Bonds To Be Issued and Sold Under General State Laws. The City shall issue and sell bonds under the provisions of the general laws of the State; and where an issue of bonds is desired and the purposes thereof are legal and the amount proposed is not in excess of the constitutional limit, the governing body shall call an election when required therefor by ordinance, observing, as to notice, time, place and manner of election, voting and declaring the result and all other formalities provided by law, the general law.

Section 6-202. Issuance of General Obligation Bonds, (a) The City shall be authorized to issue and sell general obligation bonds under the provisions of the Constitution and of the laws, both general and special, of the State as now or hereafter permitted for any public purpose.

(b) The City shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial liimts of the City, as the same may now exist and may be hereafter changed, to pay the principal of, redemption premium, if any, and interest on general obligation bonds issued by the City.

Section 6-203. Limitations Upon General Obligation Bonds, (a) The City shall be authorized to incur general obligation bond indebted ness to the extent authorized by an amendment to the Constitution of Georgia of 1945, ratified November 6, 1956 (Ga. Laws 1956, p. 360), and as the Constitution may now or hereafter be amended.

(b) The proceeds from said general obligation bonds shall be utilized only for the purposes authorized by the bond issue; provided, however, the proceeds of such bonds shall not be utilized for payment of other than capital expenditures or expenses incidental thereto.

Section 6-204. Issuance of General Obligation Bonds Without Ref erendum. The City shall be authorized to issue general obligation bonds without voter referendum, as provided by amendments to the Consti tution of Georgia of 1945, ratified November 5, 1968 (Ga. Laws 1968, p. 1582, 1586), and as the Constitution may now or hereafter be amended.

Section 6-205. Revenue Bonds. The City is empowered and autho rized to issue revenue bonds in the manner now or hereafter authorized by the Constitution and laws of the State, including without limitation an Act of the General Assembly, approved March 31, 1937 (Ga. Laws 1937, p. 761), as now or hereafter amended.

Section 6-206. Other Revenue Bonds. The City shall continue to be authorized to issue revenue bonds for the waterworks system, for sani tary services and for grandstands and stadiums as provided by an amendment to the Constitution of Georgia of 1945, ratified November 6, 1962 (Ga. Laws 1962, p. 1002) and an amendment to the Constitution, ratified November 2, 1948 (Ga. Laws 1947, p. 1759), and as the Con stitution may now or hereafter be amended.

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Section 6-207. Special Assessment Bonds. The City shall be autho rized to issue special assessment bonds as provided by an amendment to the Constitution of Georgia of 1877, ratified November 2, 1920 (Ga. Laws 1920, p. 25), and continued in force by the Constitution of Georgia of 1945, and as the Constitution may now or hereafter be amended.

Section 6-208. Investment of Surplus Funds. The Director of Pinance shall be authorized by ordinance to invest or reinvest all surplus funds of any type not immediately needed.

Section 6-209. Registration, Transfer and Negotiation of Bonds. The City is herey authorized and empowered to provide for and regulate the registration of bonds of the City and to prescribe the manner in which such bonds which have been registered may be transferred or
negotiated.

Section 6-210. Issuance of Registered Bonds in Lieu of Coupon Bonds. The City may provide for the issuing of registered bonds of the City in lieu of any coupon bonds issued by the City.

Chapter 3. Fiscal Control
Section 6-301. Budget Commission, (a) There is hereby created a Budget Commission consisting of the Mayor, Director of Finance, Chairman of the Finance Committee or equivalent committee of the governing body and two governing body members nominated by the Mayor and confirmed by the governing body for one-year terms.

(b) The Budget Commission shall:

(1) Annually prepare and file with the governing body for submission to the Appropriations Committee the budget revenue anticipations for the City of Atlanta; provided that such anticipa tions shall not exceed 99% of the normal revenue collected during the previous year, with the following exceptions: -(a) the normal revenue which the City may be expected to collect from the tax able property in newly annexted territory may be anticipated, (b) collections from tax executions on real estate and on personal property and choses in action owned by the City may be anticipated; provided that revenues from such anticipations shall not exceed 85% of tax executions on real estate and 50% of tax executions on personal property not more than three (3) years old and choses in action certified solvent and collectible by the tax assessor. When such revenue anticipations have been filed, they shall be binding upon the governing body without any action of approval or dis approval.

(2) Allocate a sum sufficient to provide for debt service, in cluding sinking funds and interest on bonded indebtedness, and any other appropriations required by law, which sum shall not be di verted to any other purpose.

(3) In the event the income of the City should be decreased by law, either by Act of the General Assembly or the governing

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body it shall be the duty of the Budget Commission to immediately adjust the budget revenue anticipations to comply with such de creased revenue. In the event of an increase in the tax rate, or if the schedule of charges for City service, such as water service, sanitary service, or any other similar assessments or charges should be changed by law, the Budget Commission may revise the budget revenue anticipations, and considering assessments, sanitary service charges, or any other similar assessments or charges of the previous year, apply new rates thereto and adjust the budget reve nue anticipations accordingly.

j(4) In the event the City receives any money, income or reve nue from any extraordinary source, either by sale of its property, gift, grant or otherwise, which has not been considered in the prep aration of the budget revenue anticipations or other normal revenue in excess of appropriations, the Budget Commission shall have the right to allocate immediately such increased revenue for lawful purposes. However, in the preparation of the budget for the next year no such extraordinary revenue shall be considered as a part of the normal revenue of the City.

(5) If at any time during any year, the expenditures exceed the revenues collected and a deficit be created, it shall be the duty of the Budget Commission before appropriating any other sum for any purpose other than the interest and sinking fund on the bonded indebtedness, to appropriate a sufficient sum to immediately dis charge any deficit which has accrued during the preceding year.

(c) The members of the Budget Commission shall be personally liable for the over-anticipation of receipts.

Section 6-302. Appropriations Committee, (a) There is hereby created an Appropriations Committee consisting of the Mayor, three governing body memebrs, not on the Budget Commission, appointed by the Mayor, and the Chairman of the Finance Committee or equivalent committee of the governing body. The Chief Administrative Officer and Director of Finance shall be non-voting members.

(b) The Appropriations Committee shall:

(1) Review the proposed annual budget, as prepared by the Mayor.

(2) Provide an opportunity for public and interested citizens' groups to be heard during the budget review process.

(3) Submit the proposed annual budget to the governing body no later than the second regular meeting of the governing body in the first month of the fiscal year.

Section 6-303. Adoption of Budget, (a) The governing body shall hold one or more public hearings on the proposed budget, notice of which shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the date set therefor.

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(b) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all ex penditures required by law or by this Charter, including but not limited to debt service, sinking fund and interest on bonded indebtedness, which sums shall not be diverted to any other purpose, and the total appro priations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund.

(c) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than the second regular meeting in the second month of each fiscal year.

Section 6-304. Expenditures of Excess in Receipts Over Appro priations. The governing body is hereby authorized to expend and use any excess in the receipts of the City of any year over the amount appropriated for such year; provided that such expenditure shall in no case exceed the actual receipts for such year.

Section 6-305. Budget Amendments, (a) The Finance Committee or equivalent committee of the governing body shall approve or dis approve all measures to expend money prior to their consideration by the governing body; provided that upon the committee's failure to report thereon by the second regular meeting of the governing body following a reference to the committee, the governing body may act on such measures without such report.

(b) The Finance Committee or equivalent committee of the gov erning body shall approve or disapprove all measures pertaining to the interdepartmental transfer of appropriations from one line item account to another line item account in the Operating Funds of the City prior to their consideration by the governing body; providing however, the governing body shall not transfer to any other department funds that have been set aside for debt service, including sinking fund and interest on bonded indebtedness and any other appropriations required by law or for the deficit of a prior year.

(c) Intra-departmental transfers of appropriations from one line item account to another line item account in the Operatnig Funds of the City, other than transfers authorized by Section 3-105 (6) of this Charter, may be made upon unanimous approval of the Chairman of the Finance Committee or equivalent committee of the governing body, the Head or Director of the Department affected, the Director of Finance, and the Chief Administrative Officer. When the decision to transfer intra-departmental funds is not unanimous, such transfers shall be submitted to the governing body by the Chairman of the Finance or equivalent committee for approval or disapproval. The Chairman of the Finance Committee or equivalent committee of the governing body and the Director of Finance are jointly authorized to transfer appro priation surpluses, as the same may occur, from line accounts in the various departments of the Operating Funds of the City to the Reserve for Appropriation Accounts in the same departments of the Operating Funds of the City. Copies of any transfers shall be filed with the Clerk of the governing body at its next regular meeting after said transfer of appropriations or appropriation surplus is made. The Clerk shall enter such transfers in the minutes of such meeting and announce to

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the members of the governing body that such transfers have been made. The provisions of this subsection shall apply to the transfer of funds for salaries.

Section 6-306. Unlawful Obligations Void, (a) The City shall in cur no obligation, except bonds lawfully issued, in excess of the annual budget and such other special appropriations as may be lawfully made, and shall incur no liability except as authorized by such budget or ap propriation. Any such liabilities attempted to be incurred shall be void in law and equity.

(b) All contracts entered into by the governing body, contrary to the provisions of this Charter, for the purpose of raising money, or otherwise engaging the credit of the City, shall be null and void as to the City, but the Mayor, if he approves, and all members of the govern ing body, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts, which liability may be enforced against such Mayor and members of the governing body, in any court of this State having jurisdiction thereof.

Section 6-307. Appropriations for Charitable Purposes. The gov erning body of the City of Atlanta shall have the authority to an nually appropriate and donate money, derived from taxation, contribu tions, or otherwise, for and to any corporation, company, association, or institution for pure'y charitab'e purposes. The governing body shall also have the authority to enter into contracts and agreements with any school of higher learning located in the City for services to be rendered the City and payment for such services may be made from funds derived from taxation. The governing body is authorized, in its discretion, to select the recipients of such appropriations and donations, and to determine the amounts of same.

Section 6-308. Authority of City to Contract With Commissions, Councils, Boards, etc. With respect to services and properties, of any kind or character, related to corporate, municipal, governmental or public purposes, the City of At'anta shall have the authority to contract with any commission, council and board, created by the governing body of the City, or otherwise, or with any other corporation, company, association, institution or individual.

Section 6-309. Audit, (a) The governing body shall provide an nually for an independent audit of the accounts and other evidences of financial transactions of the City and all departments, boards and commissions thereof. The audit shall be made by a certified public accountant or a certilied public accounting firm, the members of which are independent as defined by professional rules of conduct prescribed by the national association governing the practices of certified public accountants.

(b) The final report of the annual audit shall be completed as soon as practicable after the close of the year, and in no event later than six (6) months thereafter. Said report and the opinion and recom mendations of those making same shall be:

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(1) Made available to the public at actual printing cost;

(2) Made available thereto for inspection at no charge; and

(3) Sent to the Grand Juries of Fulton and DeKalb Counties then in session, to the Atlanta Public Library, and to the State Auditor.

Section 6-310. Accounting Systems. The Director of Finance shall be responsible for the administration of the accounting systems of the City, for proper recording of receipts and disbursements of each de partment, fund or other breakdown and shall provide a financial state ment not less than monthly to the Mayor, governing body and other agencies as may be required.

Section 6-311. Increase in Salaries. The governing body shall not increase the salaries or other remuneration in any form of any officer or employee of the City during any fiscal year except by ordinance as finally adopted and approved on or before the last day of the third month of any fiscal year; provided, however, normal salary increments as authorized by the City's pay plan and reclassifications may be pro vided for, salaries for new offices or positions may be fixed, salaries may be reduced because of economic conditions, or positions may be abolished.

Section 6-312. Evidence of Justice of Claims. Whenever a warrant or claim shall be presented to the Director of Finance, he shall have power to require evidence that the amount claimed is justly due, and for that purpose may summon before him any officer, agent or em ployee of any department, or any other person, and examine him upon oath or affirmation, relative to such warrant or claim, and may require the production of books and papers to be used as evidence before him.

Chapter 4. Procurement and Disposition of Property

Section 6-401. Contracting Procedures. The governing body shall prescribe by ordinance and resolution the procedures to be followed in the making of contracts which shall bind the City. All contracts and all ordinances and resolutions which shall make or authorize contracts shall be approved as to form by the City Attorney. The Mayor shall sign all contracts; provided, however, the governing body may autho rize the Mayor by ordinance to designate another appropriate official to sign any type contract. The clerk of the governing body shall au thenticate all contracts. The original of all contracts shall be main tained on file in the office of the Director of Finance.

Section 6-402. Purchasing Procedures. The governing body shall prescribe by ordinance and resolution the procedures for all purchases of real and personal property by the City. Competitive bidding shall be required for purchases and contracts under rules of the governing body,
and awards shall be made to the lowest and/or best bidder; provided, the governing body by ordinance may authorize, the purchase of goods, materials, supplies, equipment and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount

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as defined therein. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified by the Director of Finance as provided by ordinance.

Section 6-403. Sale and Disposition of Property. The governing body shall prescribe by ordinance and resolution the procedures for all sales and other disposition of real and personal property by the City.

ARTICLE VII INTERIM AND GENERAL PROVISIONS

Section 7-101. Officials and Officers. Section 7-102. Existing Ordinances and Resolutions Continued in Effect. Section 7-103. Contracts and Obligations. Section 7-104. Initial Administrative Organization. Section 7-105. Existing Rights and Interests. Section 7-106. Section Captions. Section 7-107. Effect of Repeals. Section 7-108. Severability of Sections, Etc. Section 7-109. Effective Date. Section 7-110. Repeal of Conflicting Laws.

ARTICLE VII INTERIM AND GENERAL PROVISIONS

Section 7-101. Officials and Officers. The current terms of office of all elected and appointed officials and officers of the City and its agencies, serving on the effective date of this Charter, shall not be diminished and shall continue in full force and effect.

Section 7-102. Existing Ordinances and Resections Continued in Effect. Existing ordinances and resolutions of the City of Atlanta and existing rules and regu ations of departments and agencies thereof not inconsistent with the provision of this Chapter shall be effective as ordinances and resolutions of the Council and as rules and regulations of the appropriate department or agency thereof until they have been repealed, modified or amended.

Section 7-103. Contracts and Obligations. All contracts, orders, leases, bonds and other obligations or instruments entered into by the City of Atlanta or for its benefit prior to the effective date of this Charter shall continue in effect according to the terms thereof, as obligations and rights of the City.

Section 7-104. Initial Administrative Organization. Within six (6) months following the adoption of this Charter, the Mayor shall recom mend for the Council's consideration a proposed ordinance which shall

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specify the number of departments of the City, and the duties and func tions thereof. This ordinance shall also define the internal organization of each department including professional and technical qualifications of department directors. The final adoption of this proposed ordinance shall be the responsibility of the Council which may accept, reject or modify such proposed ordinance and such final adoption shall be ac cording to the home rule procedures of Section 69-1017 (b) (1) of the Code of Georgia of 1933 as now or hereafter amended.

Section 7-105. Existing Rights and Interests, (a) Any rights or interest, public or private, vested in whole or in part on the effective date of this Charter, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Charter, shall not be affected by this Charter. This Section shall not apply to any right or interest in any elective public office not conferred by this Charter.

(b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, acting taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this Charter, shall not be affected by this Charter.

(c) Neither the Mayor, the Council nor other officers of the City shall have authority or power to sell, exchange, farm out, lease out or in any way alien the property, easements, income or other equipment, privileges or assets belonging and appertaining to its system of water works; and all contracts, negotiations, grants, leases or other forms of transfer in violation of this Section are declared void and of no effect, as against the City, and any official voting therefor shall be deemed as guilty of violating his duty, and subject to impeachment and removal from office therefor; provided however, that the provisions of this subsection shall not apply to the sale, exchange or alienation of such articles or equipment of said waterworks system as are worn out or useless, or which for the betterment of the service can be advantageous ly substituted by new or improved machinery or equipment; and pro vided further, that the Mayor and Council or other officers above named are authorized to make exchanges of portions of said property whenever it is to the advantage of the City, in order to secure better roads and approaches to, from or around said property.

(d) The provisions of an Act of the General Assembly approved March 18, 1961 (Ga. Laws 1961, p. 2699), as amended, pertaining to Emeritus department heads shall apply to department heads in office as of December 31, 1972, to the extent that they qualify for Emeritus department heads status. None of the provisions of said Act shall apply to any new department heads appointed or elected after December 31, 1972.

(e) The provisions of Ga. Laws 1951, pp. 529 et seq., 531 et seq., 537 et seq., 549 et seq., 3014 et seq., 3018 et seq., 3048 et seq. and 3057 et seq., protecting pension rights in connection with the plan of im provement recommended by the Local Government Commission (Ga. Laws 1949, p. 921), shall continue to apply to employees of counties,

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boards of education and any other agencies designated in said Acts in the event of any future annexations of territory to the City.

(f) There shall be on the DeKalb County board of health to repre sent the City, two members, who shall be residents of that part of the City situated in DeKalb County, which members shall be nominated by the Mayor and confirmed by the Council. The term of office. of such members shall be four years and until their successors have taken office. The Clerk of Council shall certify the names of the members thus elected to the chairman of the DeKalb County board of health. Vacancies for any cause shall be filled in the same manner as for original appoint ment to serve for the unexpired term.

(g) No other municipality or town shall have any authority, al though the land may be located within its limits, to charge or exact any license fees or occupation taxes for the operation by the City of Atlanta of a landing field therein or for the operation or conduct of any business or occupation thereon.

Nor shall such other municipality or town have any authority to assess or collect any ad valorem tax against said land as against the City of Atlanta or otherwise where said city might be required to pay same, if held under lease; nor shall such other municipality or town have any authority to lay any improvements in, through or along said property such as street paving, sidewalks, curbing, sewers, or otherwise, and assess and collect the cost thereof against said land, if owned by the City of Atlanta or under lease contract by the City of Atlanta or otherwise where said city might be called upon to pay or discharge same.

Section 7-106. Section Captions. The captions to the several Sec tions of this Charter are informative only and are not to be construed as a part thereof.

Section 7-107. Effect of Repeals. No law heretofore repealed, ex pressly or by implication, shall be revived by the repealing act, or by any provision of this Charter that disclaims an intention to repeal or affect enumerated laws.

Section 7-108. Severability of Sections. If any Section, subsection, paragraph, sentence, clause, phrase or word of this Charter, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this Charter, which shall remain in full force and effect; and to this end the provisions of this Charter and the applications thereof are hereby declared to be severable. In the event any provision of this Charter is declared invalid for any reason, then the provisions pertaining to the same subject matter that existed in the perior Charter of the City of Atlanta shall be in force and effect and applicable until repealed.

Section 7-109. Effective date. The provisions of Article V of this Charter shall take effect, for purposes of electing the initial Mayor, President of the Council and Council members hereunder, upon approval

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of this Charter by the Governor or upon its becoming law without his approval. For all other purposes, the provisions of this Charter shall take effect at 12:01 a.m. on the first Monday in January of 1974.

Section 7-110. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Charter are hereby repealed. The Charter of 1874, (Georgia Laws 1874, p. 116), and all Acts amendatory thereof are hereby specifically repealed in their entirety except for those pro visions of said Charter and amendatory Acts thereof defeining the boundaries of the City of Atlanta on the first Monday in January of 1974; and except for the provisions of Title 6 of said Charter and amendatory Acts thereof pertaining to the Atlanta Board of Education, and except for any other provisions of such Charter specifically in corporated herein by reference and which are not in conflict herewith.
APPENDIX I
POWERS
The corporate powers of the City shall include the following:

(1) To levy and to provide for the assessment, valuation, revalution and collection of taxes on all property subject to tax ation;

(2) To levy and to provide for the collecton of license fees and taxes on privileges, occupations, trades and professions not in con flict with the general laws of this State, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes;

(3) To assess, charge and collect rentals, interests, fees, penal ties, fines, and costs; to assess and collect fees, charges and tolls for sewer and water services under such rules and regulations as prescribed by ordinance; to levy and collect garbage, trash, refuse and rubbish collection service charges and sanitary taxes under such rules and regulations as prescribetd by ordinance; to collect
income on investments and to accept funds, services or property from other political subdivisions and public agencies, either local, state or national, and from private persons, firms or corporations;

(4) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a mu nicipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City;

(5) To appropriate and borrow money to provide for payment of the debts of the City; 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, provided, such bonding authority shall "be exercised in accordance with the laws governing the issuance of bonds by municipalities;

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1091

(6) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, or any interest therein, inside or outside the corporate boundaries of the City, and to dispose of said property or any interest therein by sale, lease or easement;

(7) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

(8) To condemn property, inside or outside the corporate boundaries of the City, for present or future use, and for any corporate purpose deemed necessary by the Council, under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, in cluding but not limited to an Act approved Feb. 20, 1945 (Ga. Laws 1945, p, 690), granting to the City a fee simple title to property condemned upon payment of the condemnation money, or under other applicable State Acts, including but not limited to an Act of the General Assembly of Georgia, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 360), as now or hereafter amended, Section 6 of an Act of the General Assembly of Georgia, approved March 7, 1955 (Ga. Laws 1955, p. 3025, Sect. 6) and an Act of the General Assembly of Georgia approved February 20, 1945, (Ga. Laws 1945, p. 690). The City may also condemn any real property or interest therein necessary for the collection, conveyance, treat ment and disposal of sewage, and other sanitary purposes both within and without the City, including but not limited to the waters known as Tanyard Branch and adjacent land. In addition, the City shall be authorized to construct water and sewer utility lines through private property by condemnation, or agreement;

(9) To acquire, lease, construct, operate, maintain, regulate, control, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, natural gas systems, electrical power systems, transportation fa cilities, airports, and any other public utility inside and outside the corporate limits; to fix the taxes, charges, rates, fares, fees, assessments, regulations and liens, penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced, provided liens shall be en forced in the same manner and with the same remedies as a lien for City property taxes; to assess the cost or a portion of the cost of such facilities and services against abutting property under such rules, procedures, terms and conditions of payment and enforcement thereof as provided by ordinance; provided the Council shall have no power or authority to sell or in any way alien the City's system of waterworks;

(10) To grant franchises or make contracts for public utilities and public services as provided by law. The Council may prescribe the rates, fares, regu'ations 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 and may grant franchises and rights-ofway throughout the streets and roads, and over the bridges and

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viaducts, for the use of public utilities; the Council may extend, re new, or amended a franchise at any time by mutual agreement of the parties and by adoption thereof by the Council at two consecutive meetings. In all other cases, the Council shall have no authority or power to grant, consent to or permit the extension, removal or change of the term for which franchises have been or may be granted, or in any way to extend or renew the time for which per mission has been or may be given to occupy the streets and public places, except and only during the twelve months immediately pre ceding the expiration of the term of such franchises and permit; and all extensions and renewals made in violation of this Section shall be void;
(11) To lay out, open, extend, widen, narrow, establish or change the grade of, vacate, abandon, or close, construct, pave, repave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, alleys, sidewalks and walkways within the corporate limits of the City; to acquire land for such improvements and to assess the cost or a portion of the cost of payment and enforcement thereof against abutting property under such rules, procedures, terms and condi tions as provided by ordinance;
(12) To undertake and expend tax or non-tax funds to foster mutual understanding, tolerance, respect, and improvement of human relations among all citizens of the City;

(13) To establish and fix a system of grading and draining of the streets of the City; and to cause the owners of lots or cellars to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located. After reasonable notice, the City shall be authorized to have said lots or cellars so drained or filled and the amount so expended collected by executions against the owner or occupant thereof;
(14) To acquire, lease, construct, operate, maintain, regulate, control, sell and dispose of public ways, parks, public grounds, cemeteries, markets, and market houses, public buildings, libraries, airports, auditoriums, and charitable, educational, recreational, con servation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improve ments, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Ttile 36 of the Code of Georgia of 1933, as now or hereafter amended, or other applicable public acts, or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia;
(15) To require estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;

(16) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing,

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1093

electrical, gas, and heating and air conditioning codes and to regu late all housing, bui'ding, and building trades; to license all build ing trades, and to license the construction and erection of buildings and all other structures;

(17) To provide for the prevention and punishment of public drunkenness and public disturbances;

(18) To regulate or prohibit junk dealers; to regulate and con trol pawn shops; the manufacture, sale or transportation of intoxi cating liquors; the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive and in flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;

(19) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;

(20) To license and tax professional fortune telling or palm istry;

(21) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances;

(22) To prescribe standards of health, safety and sanitation and to provide for the enforcement of such standards; to own, operate, lease or contract for ambulance services and other emer gency medical services, and to regulate health by adopting the rules, regulations and orders of any county board of health;

(23) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City;

(24) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regula tions not inconsistent with general law, relating to both fire pre vention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;

(25) To provide for the destruction and removal of any build ing or other structure which may or might become dangerous or detrimental to the public;

(26) To provide for the collection and disposal of garbage, rub bish and refuse and to regulate the collection and disposal of gar bage, rubbish and refuse by others; and to provide for the separate

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collection of glass, tin, aluminum, cardboard, paper, and other re cyclable materials and to provide for the sale of such items; and to establish and operate incinerators for the purpose of disposal of garbage and other refuse of the City;

(27) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; provided that any such charges, taxes or fees, if unpaid, shall constitute a debt which shall be subject to a lien against any property of per sons served, which lien shall be enforceable in the same manner, and under the same remedies, as alien for City property taxes;

(28) To levy, a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer serv ice charge, fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;

(29) To charge, impose and collect a sewer connection fee or fees, and to change the same from time to time; such fees to be levied on the users connecting with the sewerage system;

(30) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards;

(31) To define a nuisance in the City and to provide for its abatement; to cause nuisances which are likely to endanger the health of the City or any neighborhood therein to be abated in a summary manner at the expense of the party whose act or negli gence caused such nuisance, or of the owner of the property upon which the same may be located, as the Council shall elect. The Council 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 and hearing from the City to do so, said expense to be a lien upon the property for which execution may issue as for property taxes;

(32) To provide for the preservation and protection of prop erty and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;

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1095

(33) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare and safety of inhabitants of the City and to prvoide for the enforcement of such standards; to require adequate fire escapes on buildings; to regulate or restrict smoking in public places, dangerous substances, and weapons;

(34) To provide that persons given jail sentences in the Mu nicipal 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 or other correctional institution, to jail, or to any other government agency, by agreement with the appropriate county officers or any other government agencies;

(35) To adopt ordinances and regulations for the prevention of disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the City and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other
conduct and activities within said City which, while not constituting an offense against the laws of this State, is deemed by the Council to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof;

(36) To regulate and license, or prohibit, the keeping or run ning at large of animals and fowl and to provide for the impound ment of same, in violation of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruc tion, when not redeemed as provided by ordinance; to provide for the location, use and cleanliness of private stables; to forbid the erection of such stables when they are likely to be injurious to the health of citizens; to provide punishment for violation of ordinances enacted hereunder;

(37) To regulate and license vehicles operated for hire in the City; to limt the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; to regulate and rent parking spaces in public ways for the use of such vehicles; to regulate transportation lines and terminals, pedestrian and vehicle traffic, parking and common carriers;

(38) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the City;

(39) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order such person shall be punished as provided by ordinance but not exceeding any limitations now or hereafter prescribed by the Charter;

(40) To develop for park or recreational purposes land ad jacent to the banks of rivers, creeks and other streams in counties

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of which the City is a part, which is now owned by the City or which may be dedicated or otherwise acquired by it for such pur poses; and to solicit and accept grants of land adjacent to said banks and use the same for such purpose; and to abate in any manner provided by law any pollution of said rivers, creeks or other streams, caused by deleterious substances such as sewage of any kind whatsoever, chemicals, excrement or waste materials of any kind, bush, logs or other deleterious matter or things; any of such pollution shall constitute a nuisance;

(41) To levy taxes and to make appropriations for the pur pose of advertising the City, its advantages and resources, so as to bring new capital, commercial, manufacturing and other enterprises into the City, and to also levy taxes and to make payment from the general revenues and funds of the City for the support of
libraries;

(42) To regulate and control public streets, public alleys and ways and the uses thereof; and to negotiate and execute leases over, through, under or across any City property on the right-ofway of any public street, public alley or way or portion thereof for bridges, passageways or any other purpose or use between buildings on opposite sides of the street and other bridges, over passes and underpasses for private use at such locations; and to charge a rental therefor in such manner as may be provided by ordinance;

(43) To regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances; and said ordinances may be adopted pursuant to any general or special public act existing at the time of adoption:

(44) To engage the necessary personnel to adminster and enforce ordinances, rules, and regulations adopted by the Council;

(45) To inspect, weigh, measure and otherwise regulate any products grown, mined, manufactured or otherwise produced or acquired;

(46) To regulate by licenses, bonds, permits or otherwise, or restrict, the manufacture, sale, lease, rental, use or solicitation of any real or personal property and the presentation of any services or spectator activities;

(47) To regulate or restrict through permits, fees, codes, re view boards or otherwise the construction, use and maintenance of real or personal property and the emission and disposal thereon or therefrom of any substance that tends to pollute land, water, or air;

(48) To enforce, outside the City limits along and for 50 feet on all sides of transportation lines in unincorporated Fulton County and to the end of transportation liens except as to railroads, along and for 300 feet on all sides of City water mains, and along and

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for 10 feet on all sides of the City sewer lines and sewage treatment property, all City ordinances applicable to such facilities.

(49) To make contracts for and to accept grants in aid and loans from the Federal, State, City and County governments and their authorities and other agencies for constructing, expanding, examining, and operating any project or facility, or performing any function, which the City may be authorized by law to provide
or perform;

(50) To provide for post entry training, blanket surety bonds, Federal social security, and other employee services;

(51) To establish a civil defense plan for the continuity of City government in the event of any enemy attack or other emergency;

(52) To grant to City police officers the same power in the unincorporate areas of Fulton County to make arrests, to execute and return all criminal warrants and processes and exercise other powers as peace officers as sheriffs have;

(53) To build, repair, or put in a safe condition a bridge or the approaches thereto across tracks and roadbeds at the expense, with interest and cost, of a railroad or railroad company in the case of the latter's failure after reasonable notice to do so when the Council shall have declared the same necessary for the protec tion of human life. Execution may issue therefor, as other execu tions are issued by the City, and be levied on any property of such railroad or railroad company; and such execution shall bear interest at the rate of seven per cent per annum; provided, that nothing in this subsection shall require railroads or railroad companies to build bridegs otherwise than is required by the general laws of this State, or the charter of such railroad companies, respectively, ex cept in all cases in which a public street was in existence before the tracks of any such railroad or railroad companies were laid or placed across any such public streets;

(54) To exercise all powers relating to insurance for officers and employees as provided in Ga. Laws 1935, p. 881, Ga. Laws 1944, p. 257, Ga. Laws 1945, p. 1144, Ga. Laws 1950, p. 2632, and Ga. Laws 1968, p. 3778, as now or hereafter amended;

(55) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good gov ernment of the City;

(56) To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City;

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(57) 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, con venience, morals, and general welfare of the City and its inhabi tants; to exercise all implied powers necessary to carry into execu
tion all powers granted in this Charter, as fully and completely as if such powers were fully enumerated herein; 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, and to do, perform, and render (or refrain therefrom) all things necessary or convenient to the carrying out of the objects
of the powers, duties and requirements set forth anywhere in this Charter. No enumeration of particular powers in this Charter shall be held to be inclusive of others, nor restrictive of general words
and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the Con
stitution or applicable public acts.

APPENDIX II COUNCIL DISTRICTS

(a) Council District No. 1 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 50, 52, 53, 55.01, 55.02, 64, 67, and 68. Tract 49 Blocks 206, 207, 304, 305, 306, 307, and 312. Tract 69, except that portion within Council District No. 12.

(b) Council District No. 2 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 16, 17, 18, 19, 20, 21, 27, 28, 29, 30, 32, 33, 35, 45, 46,
47, 48, and 36. Tract 49, except that portion within Council District No. 1.
Tract 56, Blocks 101, 102, 103, 104, 105, 106, 601, 602, 603, 604, 605,
and 606.

(c) Council District No. 3 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 7, 8, 22, 23, 24, 25, 26, and 84. Tract 40, except that portion within Council District No. 4.

(d) Council District No. 4 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 37, 38, 39, 41, 42, 43, 44, 57, 58, 59, 60, and 63. Tract 40,

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1099

Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, and 212.
Tract 56, except that portion within Council District No. 2.

(e) (1) Council District No. 5 shall include the following portion of Pulton County:
Atlanta CCD 10, Tract 31.

(2) Council District No. 5 shall include the following portion of DeKalb County:
Atlanta CCD 5, Tracts 205, 206, 207, 208, and 209.
Tract 203, Blocks 105, 106, 107, 108, 109, 201, 202, 203, 204, 205,
206, 207, 208, 209, 210 211, 212, 213, 214, 301, 302, 303, 304, 305, and 306.

(f) (1) Council District No. 6 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 1, 2, 13, 14, 15, 92 and 94. Tract 12, Blocks 101, 102, 205-210 inclusive, 309-311 inclusive, 401403 inclusive, 412, 501-506 inclusive.

(2) Council District No. 6 shall include the following portion of DeKalb County:
Atlanta CCD 5, Tracts 201, 202, and 204. Tract 203, except Blocks 105-109 inclusive, 201-214 inclusive, 301-306 inclusive.

(g) Council District No. 7 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 101.01, 100, 96, 93, 91, 11, 10, 5 and 4. Tract 12, except Blocks 101, 102, 205-210 inclusive, 309-311
inclusive, 401-403 inclusive, 412, 501-506 inclusive.

(h) Council District No. 8 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 102.01, 99, 98, 97, 95, 90, 89, 88, 9, and 6.

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(i) Council District No. 9 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 87.01, 87,02, 86.01, 86,02, 82.02, and 85. Tract 82.01, Blocks 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, and 129.

(j) Council District No. 10 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 78-01, 79, 83.01, 83.02, and 81.02. Tract 82.01, except that portion within Council District No. 9. Tract 81.01, Blocks 101, 102, 103, 206, 303, 304, 305, and 306.

(k) Council District No. 11 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 78.02, 77.02, 77.01, 76.01, 76.02, 80, 61, 62, 66.02, and 103. Tract 81.01, except that portion within Council District No. 10. Tract 66.01, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, and 205.

(1) Council District No. 12 shall include the following portion of Fulton County:
Atlanta CCD 10, Tracts 65, 70, 71, 72, 73, 74, 75, and that part of tract 108 that
lies within the City of Atlanta. Tract 66.01, except that portion contained within Council Dis
trict No. 11. Tract 69, Blocks 107, 108, 109, 201, and 202.

For the purposes of this Appendix II, the designation "CCD" shall mean "Census County Division"; the designation "ED" shall mean "Enumeration District"; and the word "Tract" shall mean "Census Tract". The terms "Census County Division", "Enumeration District", "Census Tract" and "Block" shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. Any portion of the City of Atlanta which is not included in any District described in this Appendix II shall be included within that District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the City of Atlanta.

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1101

The following amendment was read:

Mr. Stephens of the 37th moves to amend the Committee Substitute to HB 19 as follows:

By inserting in line 15 on page 1, immediately preceding the phrase, "to repeal conflicting laws;" the following: "to provide for a ref erendum;"

By redesignating Section 7-110 as Section 7-111 and by adding a new Section 7-110 to read as follows:

"Section 7-110. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Mayor of the City of Atlanta to issue the call for an election for the purpose of sub mitting this Act to the voters of the City of Atlanta for approval or rejection. The Mayor shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Mayor shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately pre ceding the date thereof, in the official organ of the City of Atlanta. The ballot shall have written or printed thereon the words:

'( ) YES Shall the Act reincorporating the City of Atlanta ( ) NO and creating a new Charter for said City to be
approved?'

All persons desiring to vote in favor of the Act shall vote 'Yes', and those persons desiring to vote for rejection of the Act shall vote 'No' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, 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 Municipal Election Superintendent to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of said Superintendent 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."

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, Marvin Alexander, W. M. Brantley, H. H.

Castleberry Coleman Edwards Floyd, L. E.

Grantham Harden Hays

1102
Lane, Dick Larsen, W. W. _McKinney Northcutt Odom Patten, G. C. Pearce

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Ritchie Rogers Ross Rush Shanahan Smith, J. R. Smith, V. B.

Stephens _Strickland Wall Wheeler, Bobby Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams, J. H. Adams, John Alexander, W. H. Atherton Beckham Bennett Berlin Blackshear Bond Bostick Brown, B. D. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent, R. A.

Dickey Dixon Egan Elliott Ellis Evans Farrar Geisinger Gignilliat Greer Hamilton Harrington Harris, J. R. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howard Irvin, J. King Kreeger Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. levitas Lowrey Marcus Matthews, C. Matthews, D. R.

Mauldin McDaniell Milford Moyer Mulherin Mullinax Nix Oxford Patten, R. L. Patterson Phillips, G. S. Phillips, L. L. Pinkston Russell, J. Russell, W. D. Sams Savage Sweat Thompson _Toles Turner Waddle Walker Wamble Ware Whitmire Wilson, M. L.

Those not voting were Messrs.:

Alien, S. D. Bailey Berry Bohannon Brantley, H. L. Bray Brown, C. Collins, M. Collins, S. Colwell

Dean, J. E. Dollar Dorminy Duke Ezzard Floyd, J. H. Foster, R. L. Fraser Grahl Groover

Harris, J. F. Harrison Hill, G. Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Johnson Jones

WEDNESDAY, FEBRUARY 21, 1973

1103

Jordan Keyton Knight Lambert
Lane, W. J. Lewis Logan Mason McCracken
McDonald Miles

Morgan Murphy Nessmith Noble
Peters Petro Rainey Reaves Roach
Shepherd Snow

Thomason Townsend Triplett Tucker
Twiggs Vaughn Williams Willis Wilson, J. M.
Wood Mr. Speaker

On the adoption of the amendment, the ayes were 31, nays 86.

The amendment Was lost.

The Committee substitute was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, J. H. Adams, John
Alexander, W. H. Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond
Bostick Brantley, H. H. Bray Brown, B. D.
Brown, S. P. Buck Burruss Burton

Busbee Carlisle
Carr Carrell Castleberry Clark Cole Coney Connell Daugherty Davis, E. T. Davis, W.
Dean, Gib Dean, N. Dent Dickey
Dixon Egan Elliott Ellis

Evans Farrar
Floyd, L. R. Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. R. Hawes
Hays Hill, B. L. Horton, G. T. Horton, W. L.
Howard Irvin, J. Irvin, R. Johnson

1104
King Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin

JOURNAL OF THE HOUSE,

Mullinax Nix Odom Oxford Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R.

Snow Strickland Sweat Thompson Toles Turner Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

McKinney Northcutt

Shepherd Smith, V. B.

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. M.
Alien Brantley, H. L. Brown, C. Chance Coleman Collins, M. Collins, S. Colwell Dean, J. E. Dollar Dorminy Duke Ezzard Floyd, J. H. Foster Fraser Grahl

Groover Harris, J. F. Harrison Hill, G. Howell Hudson Hutchinson Irwin, J. R. Jessup Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lewis Mason

Stephens
McCracken Murphy Nessmith Noble Patten, G. C. Peters Petro Rainey Roach Rogers Ross Rush Thomason Townsend Triplett Turner Twiggs Vaughn Wilson, J. M. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 114, nays 5.

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

WEDNESDAY, FEBRUARY 2.1, 1973

1105

Due to mechanical failure, the vote of Mr. Edwards of the 95th was not recorded.

Mr. Stephens of the 37th stated that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 19.

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

HR 195. By Messrs. Colwell and Twiggs of the 4th: A Resolution relative to Sky Valley.

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

HB 238. By Messrs. Odom, Busbee, Hutchinson and Lee of the 114th:
A Bill to create a new charter for the City of Leesburg, and to repeal and replace the charter provided by an Act establishing a new charter for the Town of Leesburg.

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

SB 29. By Senators Webb of the llth and London of the 50th:
A Bill to amend an Act comprehensively revising appellate and other post trial procedure, as amended, so as to provide for interlocutory ap peals upon petition to the Supreme Court or Court of Appeals.

SB 31. By Senators Webb of the llth and London of the 50th:
A Bill to amend Code Chapter 27-7, relating to indictments, present ments, and waiver of the same, as amended, so as to provide that any person who is arrested for a crime punishable by death, shall be entitled to have the charge or accusation heard by a grand jury having juris diction over the defendant.

1106

JOURNAL OF THE HOUSE,

SB 53. By Senator Johnson of the 38th:
A Bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, as amended, so as to place assistant district attorneys under the Fulton County Pension & Retirement Fund.

SB 132. By Senator Webb of the llth and Johnson of the 38th:
A Bill to provide that the district attorney of the circuit in which a seizure of property is made in connection with illegal hunting or fishing shall bring the in rem proceedings against that property rather than the Director of the State Game and Fish Commission.

SB 135. 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 for renumbering certain sections and subsections of the Code.

SB 143. By Senator Kennedy of the 4th and Senator Summers of the 53rd:
A Bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Cor rections and to prisons, as amended, so as to provide that, in order for a prisoner to be transferred to the Attorney General of the U. S. for confinement, the prisoner need not be serving a concurrent Federal sen tence.

SB 144. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to amend an Act comprehensively and exhaustively revising, su perseding and colidating the laws relating to the State Board of Cor rections and to prisons, as amended, so as to provide that a prisoner authorized to work at paid employment must comply with rules and regulations promulgated by the Board of Corrections.
SB 146. By Senator Kennedy of the 4th and Summers of the 53rd:
A Bill to amend the Georgia Prison Industries Act, as amended, so as to authorize the Ga. Prison Industries Administration to contract with any department, agency or instrumentality of the State or any political subdivision for the furnishing of any service which the State Board of Corrections may provide.
SB 154. By Senator Lester of the 23rd:
A Bill to amend Code Section 92-6912, relating to arbitration, as amended, so as to provide for an appeal of the arbitrators' decision to the superior court of the county in which the property lies by either the taxpayer or the board of tax assessors under certain conditions.

WEDNESDAY, FEBRUARY 21, 1973

1107

SB 196. By Senator Duncan of the 30th:
A Bill to amend the "Motor Vehicle Certificate of Title Act", as amended, so as to change the provisions relative to the bond filed with the issuance of a certificate of title.

SB 213. By Senator Jackson of the 16th:
A Bill to amend Code Section 108-417, relating to investments by trus tees, as amended, so as to provide for investments in life insurance, en dowment or annuity contracts issued by certain insurers on the life or for the benefit of any beneficiary of a trust.

HB 73. By Messrs. Brown and Dickey of the 89th: A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways'', so as to require the Department of Public Safety to pre scribe, by rule, uniform motor vehicle accident reports and reporting procedures.

SB 201. By Senator McGill of the 24th:
A Bill to amend Code Chapter 84-15, the Ga. Veterinary Practice Act, so as to revise substantially the laws relating to the practice of veterinary medicine.

SB 203. By Senator Kidd of the 25th: A Bill to authorize fiduciaries, banks and trust companies acting as custodians, managing agents or custodians for fiduciaries to deposit se curities held in such capacities in a securities depository or "clearing corporation".
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 13. By Senators Webb of the llth, London of the 50th and Johnson of the 38th:
A Resolution proposing an amendment to the Constitution so as to pro vide that in civil and misdemeanor 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.

SR 26. By Senator Hamilton of the 26th: A Resolution proposing an amendment to the Constitution so as to pro-

1108

JOURNAL OF THE HOUSE,

vide for four year terms for the members of the House of Represen tatives.

SR 25. By Senator Hamilton of the 26th:
A Resolution proposing an amendment to the Constitution so as to pro vide for a four-year term for the members of the Senate.

SR 30. By Senators Hudgins of the 15th, and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to in crease the homestead exemption for any disabled American Veteran who submits the evidence that he is IQQrt disabled as a result of such service in the armed forces.

SR 50. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County.

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

SB 108. By Senator Holloway of the 12th: A Bill to provide for the compensation and allowance of certain State Officials.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SR 13. By Senators Webb of the 11th and London of the 50th: A Resolution proposing an amendment to the Constitution so as to pro vide that in civil and misdemeanor 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.
Referred to the Committee on Judiciary.
SR 25. By Senator Hamilton of the 26th: A Resolution proposing an amendment to the Constitution so as to pro vide for four-year terms for the members of the Senate; and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, FEBRUARY 21, 1973

1109

SR 26. By Senator Hamilton of the 26th:
A Resolution proposing an amendment to the Constitution so as to pro vide for four-year terms for the members of the House of Representa tives ; and for other purposes.
Referred to the Committee on State of Republic.

SB 29. By Senators Webb of the llth and London of the 50th:
A Bill to be entitled an Act to amend an Act to amend an Act com prehensively revising appellate and other post trial procedure, so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.

SR 30. By Senators Hudgins of the 15th and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to in crease the homestead exemption for any disabled American Veteran who submits evidence that he is 100% disabled as a result of such service in the armed forces; and for other purposes.
Referred to the Committee on Ways and Means.

SB 31. By Senators Webb of the llth and London of the 50th:
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, shall be entitled to have the charge or accusation heard by a grand jury having jurisdiction over the defendant; and for other purposes.
Referred to the Committee on Judiciary.

SR 50. By Senator Kidd of the 25th.
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.

SB 53. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to place assistant district attorneys under the Fulton County Pension and Retire ment Fund; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1110

JOURNAL OP THE HOUSE,

SB 132. By Senator Webb of the llth:
A Bill to be entitled an Act to provide that the district attorney of the circuit in which a seizure of property is made in connection with illegal hunting or fishing shall bring the in rem proceedings against that prop erty rather than the Director of the State Game and Fish Commission; and for other purposes.
Referred to the Committee on Recreation.

SB 135. 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 to provide for renumbering certain Sections and subsec tions of the Code; and for other purposes.
Referred to the Committee on Human Relations.

SB 143. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and conolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that, in order for a prisoner to be transferred to the Attorney General of the U. S. for confinement, the prisoner need not be serving a concurrent Federal sentence; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 144. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that a prisoner authorized to work at paid employment must comply with rules and regulations promulgated by the Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 146. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend the Georgia Prison Industries Act, so as to authorize the Georgia Prison Industries Administration to con tract with any department, agency or instrumentality of the State or any political subdivision for the furnishing of any service which the State Board of Corrections may provide; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 154. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend Code Section 92-6912, relating to arbitration, as amended, so as to provide for an appeal of the arbitrators'

WEDNESDAY, FEBRUARY 21, 1973

1111

decision to the superior court of the county in which the property lies by either the taxpayer or the board of tax assessors under certain conditions, and for other purposes.
Referred to the Committee on Special Judiciary.

SB 196. By Senator Duncan of the 30th:
A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to change the provisions relative to the bond filed with the Commissioner in connection with the issuance of a certificate of title; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 201. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend Code Chapter 84-15, the Georgia Veterinary Practice Act, so as to revise substantially the laws relating to the practice of veterinary medicine; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 203. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize fiduciaries, banks and trust companies acting as custodians, managing agents or custodians for fiduciaries to deposit securities held in such capacities in a securities depository or "clearing corporation"; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 213. By Senator Jackson of the 16th: A Bill to be entitled an Act to amend Code Section 108-417, relating to investments by trustees, so as to provide for investments in life insurance, endowment or annuity contracts issued by certain insurers on the life or for the benefit of any beneficiary of a trust; and for other purposes.
Referred to the Committee on Insurance.
SB 108. By Senator Holloway of the 12th: 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.
Mr. Harris of the 51st requested that the following Bill of the House be placed on the General Calendar for the purpose of considering the unfavorable report of the Committee on Banks and Banking thereto:

1112

JOURNAL OF THE HOUSE,

HB 300. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Chapter 100-1, relating to state depositories, so as to provide that the State Depository Board may name and appoint as depositories any building and loan association which has its deposits insured by the Federal Savings and Loan Insur ance Association; and for other purposes.

Mr. Murphy of the 18th requested that the following Bill of the House be placed on the General Calendar for the purpose of considering the unfavorable report of the Committee on Industrial Relations thereto:

HB 213. By Messrs. Stephens of the 37th and Murphy of the 18th:
A Bill to be entitled an Act to amend the "Fire Fighters' Mediation Act", so as to change the definition of the term "fire fighter"; and for other purposes.

Mr. Wall of the 61st requested that the following Resolution of the House be placed on the General Calendar for the purpose of considering the unfavorable report of the Committee on State of Republic thereto:

HR 83-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to provide for a unicameral legislature; and for other purposes.

Mr. Alexander of the 38th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 24. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls; and for other purposes.

The motion prevailed and HB 24 was reconsidered.

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

WEDNESDAY, FEBRUARY 21, 1973

1113

HB 238. By Messrs. Odom, Busbee, Hutchinson and Lee of the 114th:
A Bill to be entitled an Act to create a new charter for the City of Leesburg, and to repeal and replace the charter provided by an Act establishing a new charter for the Town of Leesburg; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 238 by inserting at the end of Sec tion 1.13 (14) the following:
"The provisions of this subsection shall not be construed to authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the ren dition of its duly authorized service to the public."

Mr. Odom of the 114th moved that the House agree to the Senate amendment to HB 238.

On the motion to agree, the ayes were 110, nays 0.

The motion prevailed, and the Senate amendment to HB 238 was agreed to.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 131. By Messrs. Snow of the 1st and Dean of the 60th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post trial procedure, as amended, so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; and for other purposes.

The following Committee amendment was read and adopted:
Judiciary Committee amends HB 131 by adding after the word "act" on page 2, line 24, the following language.
"said application shall be accompanied by a filing fee of $10.00, which will be applied to the costs in said case if that appeal is docketed."

1114

JOURNAL OP THE HOUSE,

The following amendment was read and adopted:

Mr. Groover of the 75th moves to amend HB 131 by adding at the end of Section 1 the following:
"The filing or pendency of the application herein provided for shall not be grounds for a continuance of the trial of said case unless the appeal shall have been docketed by the Supreme Court or Court of Appeals one week before the call of the case for trial."

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, J. H. Adams, John Adams, Marvin Alien Bailey Beckham Berlin Blackshear Brown, C. Busbee Carlisle Carr Castleberry Clark Cole Coleman Collins, S. Connell Dean, Gib Dixon Dorminy Edwards Egan Elliott Ellis

Geisinger Gignilliat Groover Harden Harrington Harris, J. R. Hays Hill, B. L. Hill, G. Hutchinson Irvin, R. Jessup Jones Jordan Lambert Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Mason Matthews, D. R. Mauldin McKinney

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Bennett

Berry Bohannon Bond Brantley, H. H.

Miles Milford Nix Odom Oxford Patten, R. L. Patterson Phillips, G. S. Rogers Rush Russell, W. D. Sams Smith, J. R. Smith, V. B. Snow Strickland Toles Triplett Tucker Turner Wheeler, Bobby Whitmire Williams Wilson Wood
Bray Brown, B. D. Brown, S. P. Buck

WEDNESDAY, FEBRUARY 21, 1973

1115

Burton Coney Dean, J. E. Dean, N. Dent Dickey Dollar Duke Evans Farrar Floyd, J. H. Foster Fraser Grahl Grantham Greer Harris

Hawes Horton, G. T. Horton, W. L. Howard Hudson Irvin, J. Johnson King Knight Kreeger Lane, Dick Marcus Matthews, C. Mullinax Murphy Nessmith Pearce

Ritchie Roach Ross Russell, J. Shanahan Shepherd Stephens Sweat Thomason Thompson Townsend Walker Wall Wheeler, J. A. Willis Wilson

Those not voting were Messrs.:

Atherton Bostick Brantley, H. L. Burruss Carrell Chance Collins, M. Colwell Daugherty Davis, E. T. Davis, W. Ezzard Floyd, L. R. Hamilton Harrison

Howell Irwin, J. R. Keyton Lane, W. J. Lewis Logan McCracken McDaniell McDonald Morgan Moyer Mulherin Noble Northcutt

Patten, G. C. Peters, R. G. Petro Phillips, L. L. Pinkston Rainey Reaves Savage Twiggs Vaughn Waddle Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 75, nays 62.

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

Mr. Groover of the 75th stated that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 131, as amended.

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

1116

JOURNAL OF THE HOUSE,

HB 723. By Messrs. Colwell of the 4th, Williams, Whitmire and Wood of the 9th and others:
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 exemptions to the porhibitions against State of ficers or employees selling to State agencies; and for other purposes.

The report of the Committee, which was favorable 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 Bailey Beckham Bennett
Berlin Berry Blackshear Bostick
Brantley, H. H. Brown, C. Brown, S. P. Buck Burruss Burton Carlisle Carr Carrell Castleberry
Chance Clark Cole Coleman Collins, S. Colwell
Coney Connell
Dean, Gib Dean, N. Dent Dickey Dixon Dollar

Duke Edwards Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Groover Harrington Harris, J. F. Harris, J. R. Hawes Hays Horton, W. L. Howell Hutchinson Irvin, J. Irvin, R. Jessup Jones Jordan Keyton Kreeger Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin

McDaniell McDonald McKinney Miles Milford Moyer Mulherin Murphy Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Rainey Reaves Ritchie Roach Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Triplett Tucker Turner

Twiggs Waddle Walker Wall

WEDNESDAY, FEBRUARY 21, 1973

1117

Wamble Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Willis Wilson, M. L. Wood, J. T.

Those voting in the negative were Messrs.:

Bohannon

Howard

Thompson

Those not voting were Messrs.:

Adams, G. D. Adams Atherton Bond Brantley, H. L. Bray Brown, B. D. Busbee Collins, M. Daugherty Davis, E. T. Davis, W. Dean, J. E. Dorminy Egan Ezzard Farrar Grahl Grantham

Greer Hamilton Harden Harrison Hill, B. L. Hill, G. Horton Hudson Irwin, J. R. Johnson King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lewis Matthews, D. R.

McCracken Morgan Mullinax Nessmith Nix Noble Northcutt Patten Petro Phillips, L. L. Pinkston Rogers Russell, W. D. Savage Townsend Vaughn Ware Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 120, nays 3.

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

HB 703. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to amend an Act regulating the sale of ad mission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket, so as to include hockey games; and for other purposes.

The report of the Committee, which was favorable 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:

1118

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 ' Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Evans Floyd, J. H.

Foster Fraser Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson
Hutchinson Irvin, J.
Irvin, R.
Jessup Jones Jordan King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax

Murphy Nessmith Nix Odom Oxford Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Snow Stephens
Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Atherton Bond

Bray Brown, B. D. Brown, C.

Chance Daugherty Dean, J. E.

WEDNESDAY, FEBRUARY 21, 1973

1119

Dorminy Ellis Ezzard Farrar Floyd, L. R. Gignilliat Hamilton Harrison Hill, B. L. Horton, G. T.

Irwin, J. R. Johnson Keyton Lambert Laren, W. W. Lewis Matthews, D. R. McCracken Morgan Noble

Northcutt Patten Pearce Petro Roach Smith, J. R. Smith, V. B. Vaughn Wilson, J. M. Mr. Speaker

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

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

HB 448. By Messrs. Snow of the 1st, Bennett of the 124th, Tucker of the 69th 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 State Board of Corrections and to prisons, so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or faculty under the jurisdiction and control of the Board; and for other purposes.
The following Committee amendment was read and adopted:
Judiciary Committee amends HB 448 as follows:
by deleting the word "carried" and substituting in lieu thereof the word "carries" on line 27, page 1, and adding after the word "authority" on line 27 the words "who without authorization of the appropriate authorities,".

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien

Atherton Bailey Beckham Bennett Berlin

Berry Blackshear Bohannon Bostick Brantley, H. H.

1120
Brantley, H. L. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Floyd, J. H. Foster Fraser Geisinger Gignilliat Grantham Greer Harden Harrington Harris, J. F. Harris, J. R.

JOURNAL OF THE HOUSE,

Hawes Hays Hill, B. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Oxford

Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall
Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Bond Bray Brown, B. D. Buck
Daugherty Dean, J. E.

Dorminy Ezzard Farrar Floyd, L. R. Grahl Groover Hamilton Harrison

Hill, G. Horton, G. T. Horton, W. L. Howard Irwin, J. R. Keyton Lane, Dick
Lewis

WEDNESDAY, FEBRUARY 21, 1973

1121

McCracken Noble Northcutt Patten, G. C.

Peters Petro Rainey Russell, W. D.

Stephens Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 145, nays 0.

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

HB 592. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia defining the terms of the Code relating to the taxation of net income, so as to conform their meanings to the meanings such terms have in the U. S. Internal Revenue Code of 1954; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Burton

Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon

Dollar Duke Edwards Egan Elliott Ellis Evans Floyd, J. H. Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton, W. L.

1122

JOURNAL OF THE HOUSE,

Howard Howell Hutchinson Irvin, J.
Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell

McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Oxford Patten, R. L. Patterson Pearce Phillips, G. S.
Phillips, L. L. Pinkston Ritchie Rogers Ross Rush Russell, J. Russell, W. D.
Sams Savage

Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Tucker Turner Twiggs Waddle Walker Wall Wamble Ware
Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Bond Bray Brown, B. D. Dean, J. K Dorminy Ezzard Farrar Floyd, L. R. Foster Grahl

Groover Harrison Hill, G.
Horton, G. T. Hudson Irwin, J. R. Keyton Lewis McCracken Noble, Bill

North cutt Patten Peters
Petro Rainey Reaves Roach Smith, V. B.
Vaughn 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 245. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to provide that whenever any driver's license has been suspended or revoked pursuant to any provisions of

WEDNESDAY, FEBRUARY 21, 1973

1123

law, the holder of such license must have successfully completed a safe driving course to be prescribed by the Commissioners of the Department of Public Safety; and for other purposes.

The following Committee amendment was read:
The House Motor Vehicles Committee offers the following amend ment:
Amend House Bill 245 by adding at the end of Section 1 on line 22 of page 1, the following:
"Provided, however, that the provisions of this Act shall not apply unless the Commissioner shall have made the course available to the driver in his home county or in a city within 20 miles of his home town during the period that said driver's license was suspended."

Mr. Bostick of the 123rd moved that HB 245 be recommitted to the Com mittee on Motor Vehicles 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, J. H. Adams, Marvin Alexander, W. H. Alien Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray
Brown, B. D. Buck Chance Collins, S. Colwell Daugherty Davis, E. T. Dean, N. Dent Dixon Dollar Dorminy Farrar

Floyd, J. H. Foster Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Hays Hill, B. L.
Horton, G. T. Horton, W. L. Hudson Irvin, J. Johnson Keyton King Lane, W. J. Lee, W. J. (Bill) Mauldin Miles Milford Mulherin

Nessmith Northcutt Patterson Pearce Peters Phillips, G. S. Rainey Reaves Rogers Ross Rush
Russell, W. D. Sams Shanahan Snow Strickland Sweat Thompson Tucker Twiggs Waddle Walker Wall Wilson, M. L.

1124

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams, G. D.
Adams, John Beckham Bennett Berlin Brown, C. Brown, S. P. Burton Busbee Carlisle Carrell Castleberry Clark Cole Coleman Coney Connell Davis, W. Dean, Gib Duke Edwards Egan Elliott Ellis Floyd, L. R. Fraser Geisinger

Gignilliat
Harris, J. R. Hawes Hill, G. Howard Howell Hutchinson Irvin, R. Jessup Jones Jordan Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. McDaniell McKinney Moyer

Mullinax Murphy Nix Odom Oxford Ritchie Roach Russell, J. Savage Shepherd Smith, J. R. Smith, V. B. Thomason Toles Townsend Triplett Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Atherton Bailey Brantley, H. L. Burruss Carr Collins, M. Dean, J. E. Dickey Evans

Greer Harrison Irwin, J. R. Larsen, W. W. Lewis Matthews, D. R. McCracken McDonald Morgan

Noble Patten, G. C. Patten, R. L. Petro Phillips, L. L. Pinkston Stephens Vaughn Mr. Speaker

On the motion to recommit, the ayes were 71, nays 78.

The motion was lost.
Due to mechanical failure, the vote of Mr. Ezzard of the 29th was not re corded.

WEDNESDAY, FEBRUARY 21, 1973

1125

The following amendment to the Committee amendment was read:

Mr. Nessmith of the 76th moves to amend the Committee amendment by adding a new sentence thereto which reads as follows:
"Provided, however, this Act shall not apply to counties of less than 50,000 population according to the last United States Census.".

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

Those voting in the affirmative were Messrs.

Bennett, J. T. Berry Bray Chance Colwell Coney Davis, E. T. Dorminy Evans

Floyd, J. H. Foster Groover Harris, J. F. Howell Hudson King Lane, Dick Lane, W. J.

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Berlin Blackshear Bohannon Bond Brown, C. Brown, S. P. Burton Busbee Carlisle Carrell Castleberry Clark Collins, M. Collins, S. Connell Daugherty Davis, W. Dean, Gib

Dent Dickey Duke Edwards Egan Elliott Ellis Floyd, L. R. Fraser Geisinger Gignilliat Grahl Hamilton Harden Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hutchinson Irvin, J. Irvin, R. Jessup Johnson

Mauldin Miles Nessmith Patterson Pearce Phillips, G. S. Rush Sweat
Jones Jordan Keyton Knight Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDonald Milford Moyer Mulherin Mullinax Nix Northcutt Odom Oxford Patten, R. L.

1126
Peters Rainey Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shepherd

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. B. Snow Stephens Thomason Thompson Toles Townsend Triplett Tucker Turner

Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Atherton Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Burruss Carr Cole Coleman Dean, J. E. Dean, N. Dixon Dollar

Ezzard Farrar Grantham Greer Harrington Harrison Irwin, J. R. Larsen, W. W. McCracken McDaniell McKinney Morgan Murphy

Noble Patten, G. C. Petro Phillips, L. L. Pinkston Reaves Shanahan Strickland Twiggs Vaughn Wheeler, J. A. Wilson, M. L. Mr. Speaker

On the adoption of the amendment to the Committee amendment, the ayes were 26, nays 114.

The amendment to the Committee amendment was lost.

The Committee amendment was adopted.

The following amendment was read and adopted:
Mr. Ware of the 65th moves to amend HB 245 by renumbering Sec tions 2 and 3 as Sections 3 and 4 respectively with the new Section 2 reading as follows:
Section 2. The safe driving course prescribed in Section 1 shall not require attendance in excess of 3 hours and such courses shall be offered after 6 P. M. on days other than Saturdays and Sundays and between the hours of 8 A.M. and 6 P.M. on Saturdays.

WEDNESDAY, FEBRUARY 21, 1973

1127

The following amendment was read:

Messrs. Alexander of the 38th and Hill of the 110th move to amend HB 245 by adding the following:

That this law shall not apply where the suspended license occurred pursuant to the Georgia Safety Responsibility 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.

Adams, John Alexander, W. H. Blackshear Bohannon Bond Bray Brown, B. D. Brown, S. P. Busbee Clark Coney Daugherty Dean, Gib Dent

Dickey Dixon Elliott Evans Foster Hamilton Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Irvin, J. Lee, W. S.

Levitas Mason McKinney Miles Moyer Mulherin Patterson Phillips, G. S. Reaves Ross Sweat Thompson Turner

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Brown, C. Burton Carlisle Carr Carrell Castleberry Chance Collins, M. Collins, S. Connell Davis, E. T.

Davis, W. Dean, J. E. Dean, N. Dollar Dorminy Duke Edwards Egan Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R.

Hawes Hays Hill, G. Howard Hutchinson Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Logan Lowrey Marcus

1128
Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Milford Morgan Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, R. L. Peters

JOURNAL OF THE HOUSE,

Rainey Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thomason Toles Townsend

Triplett Tucker Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis, R. T. Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bostick Brantley, H. H. Brantley, H. L. Buck Burruss Cole Coleman Colwell Ellis

Ezzard Groover Harrison Irwin, J. R. Keyton Larsen, W. W. Lewis McCracken Noble Patten, G. C.

Pearce Petro Phillips, L. L. Pinkston Savage Shanahan Strickland Twiggs Vaughn Mr. Speaker

On the adoption of the amendment, the ayes were 40, nays 110.

The amendment was lost.

The following amendment was read and adopted: Mr. Cole of the 6th moves to amend HB 245 by adding to Line 22: "Provided the driving course shall be made available by an agent of government and not a privately owned school.".
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:

WEDNESDAY, FEBRUARY 21, 1973

1129

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Backham Berlin Bohannon Bostick Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell Castleberry Cole Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Parrar Floyd, L. R. Fraser

Geisinger Gignilliat Greer Hamilton Harrington Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Hutchinson Irvin, R. Jessup Jones Jordan King Knight Kreeger Lambert
Lane, Dick Larsen, G. K. Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell
McDonald Morgan Moyer Mulherin Mullinax Murphy

Nix Odom Oxford Peters Petro Phillips, L. L. Ritchie Roach Ross Rush Russell, J.
Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Toles Townsend Triplett Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood

Those voting in the negative were Messrs. :

Alexander, W. H. Bailey Bennett Blackshear Bond Brantley, H. L. Bray Brown, B. D. Chance Clark Collins, M. Collins, S. Daugherty Dean, J. E.

Dent Dorminy Floyd, J. H. Foster Grahl Grantham Groover Harden Harris, J. F. Hill, B. L. Howard Hudson Irvin, J. Johnson

Keyton Lane, W. J. Lee W. J. (Bill) Mauldin McKinney Miles Milford Nessmith Northcutt Patten, R. L. Patterson Phillips, G. S. Reaves Rogers

1130
Thomason Thompson

JOURNAL OF THE HOUSE,

Tucker Turner

Wilson, J. M.

Those not voting were Messrs.:

Atherton Berry Brantley, H. H. Buck Burruss
Coleman Colwell Evans Ezzard

Harrison Howell Irwin Larsen, W. W. Levitas Lewis McCracken Noble Patten, G. C.

Pearce Pinkston Rainey Strickland Twiggs Vaughn Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 107, nays 47.

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

Mr. Nessmith of the 76th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 245, as amended.

HB 152. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Title 56, relating to insurance, so as to provide that applicants for surplus lines brokers licenses must be examined; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien

Bailey Beckham Berlin Berry Bohannon Bond

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

Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis Evans Farrar Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F.

WEDNESDAY, FEBRUARY 21, 1973

1131

Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Johnson Jones Jordan King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C.
Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix

Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Atherton Bennett Blackshear Bostick Burruss
Carrell Colwell Egan Elliott

Ezzard Floyd, L. R. Groover Harris, J. R. Harrison Hill, G. Howell Irvin, R. Irwin Jessup

Keyton Kreeger McCracken Noble Northcutt Petro Phillips, G. S. Rainey Russell, W. D. Savage

1132
Smith, J. R. Stephens Townsend

JOURNAL OF THE HOUSE,

Twiggs Vaughn

Wamble Mr. Speaker

On the passage of the Bill, the ayes were 143, nays 0.

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

HB 377. By Messrs. Larsen of the 27th, Egan of the 25th and Snow of the 1st:
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 and/or exchanging of any narcotic shall be considered as a capital offense as respect to bailability; and for other purposes.

The following Committee substitute was read:
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 certain offenses shall be bailable only before a judge of the superior court; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 27-901, relating to bail in capital and other cases, is hereby amended by striking the words "Capital offenses" at the beginning of said Section and substituting in lieu thereof the following:
"The offenses of rape, armed robbery, aircraft hijacking, trea son, murder, and perjury, and offenses involving the giving, selling, offering for sale, bartering, or exchanging of any narcotic drug",
and by striking the words "a bill of expectations" and substituting in lieu thereof the following:
"an appeal"
so that when amended said Section shall read as follows:
"27-901. Before whom offenses are bailable. When person charged with misdemeanor may be bailed. The offenses of rape, armed robbery, aircraft hijacking, treason, murder, and perjury, and offenses involving the giving, selling, offering for sale, barter ing, or exchanging of any narcotic drug are bailable only before a judge of the superior court; and this is, in every case, a matter of

WEDNESDAY, FEBRUARY 21, 1973

1133

sound discretion. All other offenses are bailable by the commitment court. At no time, either before the commitment court, when indi cated, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail."

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:

Messrs. Snow of the 1st and Larsen of the 27th move to amend the committee substitute to HB 377 by striking from the title the words "bail in capital and other cases" and inserting in lieu thereof the words "before whom offenses are bailable", to add after the words "superior court" on line 4 of page 1 the words "to provide that at no time while an appeal is pending shall any person charged with a misdemeanor be refused bail;" and by striking the word "expec tations" from line 15 of page 1 and inserting in lieu thereof the word "excep tions"; and by striking the word "indicated" from line 1 of page 2 and inserting in lieu thereof the word "indicated."

The substitute, as amended, was adopted:

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

On the pasage 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, J. H. Adams, John Adams, Marvin Alexander, W. M. Atherton Bailey Berlin Blackshear Bohannon Brantley, H. H.

Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark

Cole Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

1134
Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson

JOURNAL OF THE HOUSE,

Jones Jordan Keyton King Knight Kreeger Lambert
Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Mulherin Mullinax Murphy Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro

Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers
Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Bennett
Bond Hill, B. L.

Lane, W. J. Nessmith Thompson

Williams

Those not voting were Messrs.:

Alexander, W. H. Alien Beckham Berry Bostick Brantley, H. L. Brown, B. D. Buck

Carrell Coleman Collins, M. Elliott Ezzard Floyd, J. H. Harris, J. F. Harrison

Horton, G. T. Irwin Larsen, W. W. McCracken Morgan Moyer Noble Northcutt

WEDNESDAY, FEBRUARY 21, 1973

1135

Pearce Russell, W. D. Strickland

Vaughn Wheeler, Bobby Whitmire

Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 7.

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

Messrs. Levitas of the 50th and Whitmire of the 9th stated that they had been called from the floor of the House when the roll call was ordered on the passage of HB 377, by substitute, as amended, but had they been present, would have voted "aye".

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

AFTERNOON SESSION The House was called to order by the Speaker.

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

HR 211. By Messrs. Mulherin of the 81st, Dent of the 78th, Miles of the 79th, Sams of the 83rd, Beckham of the 82nd, Lewis of the 77th and Connell of the 80th:
A RESOLUTION
Commending the highway maintenance crews of the State Depart ment of Transportation; and for other purposes.
WHEREAS, during the snow storm, which wreaked so much havoc upon the Augusta area and surrounding environs, the employees of the State Department of Transportation highway maintenance crews applied themselves diligently to the task of clearing the roadways in the Augusta area; and
WHEREAS, these public employees worked many long and arduous hours in protecting the property and lives of the citizens of this State during this treacherous period; and

1136

JOURNAL OF THE HOUSE,

WHEREAS, the employees of the State Department of Transporta tion are to be commended for the manner in which they met the many crises which arose during this critical period; and

WHEREAS, it is only befitting and proper that this body recog nize the dedication and devotion to duty of these outstanding public employees for their outstanding accomplishments during the recent snow storm.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and most heartfelt appreciation to the many State Department of Transportation highway maintenance employees who exerted their ut most efforts in order to alleviate the discomforts and reduce the dangers to life and property during the serious snow storm experienced in this State during the past week.

HR 212. By Messrs. Buck of the 87th, Murphy of the 18th, Smith of the 91st and others:
A RESOLUTION
Commending the Criminal Law Study Committee; and for other purposes.
WHEREAS, the Criminal Code of Georgia, which was adopted in 1968, was the result of more than seven years of dedicated and con scientious efforts by the members of the Criminal Law Study Com mittee which was created by statute in 1961; and
WHEREAS, the task undertaken by that Committee was a monu mental one because the criminal laws of Georgia had not been com pletely revised for over 100 years; and
WHEREAS, the original sixteen members of the Committee were as follows: Senators J. Willis Conger of Bainbridge, Charles E. Dews of Edison, Howart T. Overby of Gainesville, Earl Staples of Carrollton, E. Mullins Whisnant of Hamilton; Representatives Piarre Howard of DeKalb County, Ralph McClelland of Fulton County, Richard B. Thornton of Bibb County, Frank S. Twitty of Mitchell County, D. Warner Wells of Peach County; Judge Richard B. Russell III of Winder, of the Superior Court Judges Association; Judge Andrew McKenna of Macon, of the City Court Judges Association; Mr. Alfred A. Quillian of Winder, of the Solicitors General Association; Mr. Marcus B. Calhoun of Thomasville, of the City Court Solicitors Association; Mr. Henry G. Neal, of Thomson and Atlanta, of the Attorney General's Staff; and Mr. T. T. Molnar of Cuthbert, of the Georgia Bar Association; and
WHEREAS, Senator Ben F. Johnson of Decatur, was appointed to fill the vacancy created by the untimely death of Senator Charles E. Dews; and

WEDNESDAY, FEBRUARY 21, 1973

1137

WHEREAS, Senator Earl Staples, one of the original members of the Commission, passed away after most of the work of the Committee had been completed and the vacancy on the Committee created by his death was not filled; and

WHEREAS, the work of the Committee proceeded under the able leadership of its officers, Mr. T. T. Molnar, Chairman, Mr. Henry G. Neal, Vice Chairman, and Mr. Richard B. Thornton, Secretary, and of the many subcommittees which were appointed to perform the basic research of the Committee; and

WHEREAS, the Committee was ably assisted by a research group composed of Dean James C. Quarles and Professors James C. Rehberg and Edgar Wilson of the Mercer Law School; and

WHEREAS, the members of this body, the members of the State Bar, and citizens of Georgia owe these men a debt of gratitude for the painstaking, thorough and professional work which they performed to bring forth the Criminal Code which has been recognized as one of the best in the United States.

NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Criminal Law Study Committee are hereby commended for their dedication to the task of bringing order out of the chaos which existed in the criminal laws of this State, and sincerest appreciation is hereby expressed to the members for the outstanding performance of duties rendered by each and every member.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each of the above individuals and to the families of those members since deceased.

HR 213. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A RESOLUTION
To mourn the death of, and pay respects to, Mayor J. R. Alien of Columbus, Georgia, to extend profound sympathies to his family and friends, and to the officials and citizens of his community; and for other purposes.
WHEREAS, the untimely and tragic death of Mayor J. R. Alien of Columbus, Georgia, has shocked and bereaved all of the members of this General Assembly; and,
WHEREAS, J. R. Alien worked hard during his lifetime in tireless and unsurpassed devotion to God, his family, his community, his State and his Nation; and,
WHEREAS, J. R. Alien was the first Chief Executive Officer of the first consolidated local government of the State of Georgia; and,

1138

JOURNAL OF THE HOUSE,

WHEREAS, the Columbus Mayor, as he said, saw a "new city born in hope and dedicated in progress", and provided greatness, leadership, and direction for that city; and,

WHEREAS, J. R. Alien was a dedicated worker at all levels of government and served as President of the Georgia Municipal Associa tion, in which office he proved once again to be an effective and beloved leader; and,

WHEREAS, J. R. Alien served as a capable President of the Co lumbus, Georgia Jaycees, and provided his leadership ability and tal ents in many other local and statewide civic groups and organizations and was the Columbus, Georgia "Young Man of the Year" in 1964, and one of "Five Outstanding Young Men in Georgia" for the same year; and,

WHEREAS, J. R. Alien attended the Beallwood Baptist Church all his life and served as a Deacon in that Church; and,

WHEREAS, there rests on Mayor Alien's desk in his office in Columbus a plaque which stated his outlook on life and is a fitting epitaph in his death: "I am third--God is first--you are second."

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body expresses its deepest sorrow and regret at the death of J. R. Alien and extends its most profound sym pathy to his family, his friends, and the officials and citizens of his community, and pays tribute to and gives thanks for the life he led.

HR 214. By Mr. Smith of the 91st:
A RESOLUTION
Wishing a speedy recovery for Mrs. John R. Irwin; and for other purposes.
WHEREAS, the wife of Honorable John R. Irwin, Representative from District 113, is seriously ill and is in the Sumter County Hospital where she is to undergo surgery; and
WHEREAS, Representative Irwin will be absent from his duties in the House until the recovery of his wife.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest wishes are hereby extended to Mrs. Irwin for successful surgery and a speedy recovery.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Representa tive and Mrs. Irwin.

WEDNESDAY, FEBRUARY 21, 1973

1139

HR 215. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:

A RESOLUTION

Commending Hoyt Owens; and for other purposes.

WHEREAS, Hoyt Owens of the City of Rome Police Department has been rendering excellent service to the people of the City of Rome; and

WHEREAS, he has served in the City of Rome Police Department for 15 years; and
WHEREAS, prior to his employment by the City of Rome Police Department, he served two years in the Marietta Police Department; and

WHEREAS, during his 17 years of service as a law enforcement officer, he has served the people of this State and the citizens of Rome and Marietta with distinction; and

WHEREAS, it is only fitting and proper that Hoyt Owens be recognized for his outstanding service to this State and the Cities of Rome and Marietta.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body does hereby commend Hoyt Owens for his outstanding service.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Hoyt Owens.

HR 216. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A RESOLUTION
Commending Sergeant Farrell Barton; and for other purposes.
WHEREAS, Sergeant Farrell Barton has served the State of Geor gia for 17 years as a Wildlife Ranger for the Game and Fish Division of the Department of Natural Resources; and
WHEREAS, he was the recipient of the award of "Wildlife Ranger of the Year" in the Calhoun District; and
WHEREAS, he has received the "Faithful Service Award" from the State; and
WHEREAS, during his 17 years with the State, he has distinguished himself with outstanding service; and

1140

JOURNAL OF THE HOUSE,

WHEREAS, it is only fitting and proper that Sergeant Parrell Barton be recognized for his outstanding service to the State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Sergeant Farrell Barton for his outstanding service to the 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 Sergeant Farrell Barton.

HR 217. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A RESOLUTION
Commending Trooper James "Eddie" Ivey; and for other purposes.
WHEREAS, Trooper James "Eddie" Ivey of the Georgia State Patrol has been rendering excellent service to the people of Floyd County; and
WHEREAS, he has served the State and Floyd County as a mem ber of the State Highway Patrol for six years; and
WHEREAS, during the six years he has served on the State Patrol, he has distinguished himself by rendering outstanding service to the citizens of the State and Floyd County; and
WHEREAS, it is only fitting and proper that Trooper James "Eddie" Ivey be recognized for his outstanding service to the State and Floyd County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Trooper James "Eddie" Ivey for his outstanding service to the citizens of the State and Floyd 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 Trooper James "Eddie" Ivey.

HR 218. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A RESOLUTION
Commending Sergeant Henry Salmon; and for other purposes.
WHEREAS, Sergeant Henry Salmon of the Floyd County Sheriff's

WEDNESDAY, FEBRUARY 21, 1973

1141

Department has been rendering excellent service to the people of Floyd County; and

WHEREAS, he has served the citizens of Floyd County for 16 years in the Sheriff's Department; and

WHEREAS, he served for two years with the Georgia State Patrol before being employed by the Floyd County Sheriff's Department; and

WHEREAS, it is only fitting and proper that Sergeant Henry Salmon be recognized for his outstanding service to his State and Floyd County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Sergeant Henry Salmon for his outstanding service to his State and Floyd 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 Sergeant Henry Salmon.

HR 219. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A RESOLUTION
Commending Sergeant Glenn Harper; and for other purposes.
WHEREAS, Sergeant Glenn Harper of the Floyd County Police Department has been rendering excellent service to the people of Floyd County; and
WHEREAS, he has served in the Floyd County Police Department for six years; and
WHEREAS, during the six years that he has been employed by the Floyd County Police Department, he has distinguished himself by ren dering outstanding service to Floyd County; and
WHEREAS, it is only fitting and proper that Sergeant Glenn Har per be recognized for his outstanding service to the State of Georgia and to Floyd County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Sergeant Glenn Harper for his outstanding service to the State and to Floyd County.

1142

JOURNAL OF THE HOUSE,

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 Sergeant Glenn Harper.

HR 220. By Messrs. Berry and Thompson of the 86th, Pearce and Buck of the 87th, King and Davis of the 85th and Adams of the 84th:
A RESOLUTION
Commending the employees of the City of Columbus; and for other purposes.
WHEREAS, during the recent record snowfall in Columbus, city employees performed tasks above and beyond the call of duty to aid the citizens of Columbus; and
WHEREAS, police officers of the City of Columbus aided 500 stranded motorists and answered many accident calls; and
WHEREAS, the fire department answered 42 alarms, and the rescue squad aided 28 stranded persons and made 85 ambulance calls; and
WHEREAS, public works' employees performed many vital tasks which enabled the citizens of Columbus to recover from the effects of the snow storm as rapidly as possible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends and congratu lates the employees of the City of Columbus for their outstanding ef forts during the recent snow storm in Columbus.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the City of Columbus.
HR 221. By Messrs. Davis and King of the 85th, Adams of the 84th, Thompson and Berry of the 86th, Pearce and Buck of the 87th:
A RESOLUTION
Expressing sympathy at the passing of Mr. Jack Boone; and for other purposes.
WHEREAS, the State of Georgia has recently lost one of its most distinguished and outstanding peace officers with the passing of Mr. Jack Boone, a detective for the Columbus Police Department; and
WHEREAS, he served with great ability as an aide to the Mayor of the City of Columbus; and

WEDNESDAY, FEBRUARY 21, 1973

1143

WHEREAS, he was born on December 8, 1935, and was the son of Mrs. Ethel Leonard Boone and the late Mr. Herman W. Boone; and

WHEREAS, he had been a member of the Columbus Police De partment for 15 years, was a member of Glen Anthony Baptist Church and was a member of Rose Hill Masonic Lodge 484; and

WHEREAS, he was the devoted husband of Mrs. Barbara Collins Boone and the father of two outstanding sons, Mr. Jack E. Boone, Jr. and Mr. Michael W. Boone.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the passing of Mr. Jack Boone, and hereby ex tend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Mr. Jack Boone.

HR 222. By Messrs. Davis and King of the 85th, Adams of the 84th and others:
A RESOLUTION
Expressing sympathy at the passing of Mr. Guy Willis Kilgore, Jr.; and for other purposes.
WHEREAS, the State of Georgia recently lost one of its most dis tinguished and outstanding citizens with the untimely passing of Mr. Guy Willis Kilgore, Jr., Manager of the Columbus Metropolitan Airport; and
WHEREAS, he was born on March 26, 1929, in Columbus, and was the son of Mrs. Gladys Williams Kilgore and the late Mr. Guy Willis Kilgore, Sr.; and
WHEREAS, he was known throughout Columbus and the State of Georgia for his many outstanding contributions to the civic, economic, social and religious life of his community and State, having been a mem ber of the Friendship Masonic Lodge, the Sertoma Club of Columbus, which he served as former president, the East Columbus Boys Club and the Wynnton Baptist Church; and
WHEREAS, he was a graduate of Columbus High School, attended Middle Georgia College and was a veteran of the Korean War; and
WHEREAS, he was the devoted husband of Mrs. Frances Robinson Kilgore, and the father of six outstanding children, Guy Willis Kilgore and Frances, Dianne, Janet, Lila and Lisa Kilgore.

1144

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the untimely passing of Mr. Guy Willis Kilgore, Jr., and hereby express their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Mr. Guy Willis Kil gore, Jr.

HR 223. By Messrs. Davis of the 85th, Adams of the 84th, Thompson of the 86th and others:
A RESOLUTION
Expressing sympathy at the passing of Mr. James William Crocker, Jr.; and for other purposes.
WHEREAS, the City of Columbus and the State of Georgia re cently lost one of their most outstanding citizens with the untimely passing of Mr. James William Crocker, Jr., Comptroller of the Co lumbus Metropolitan Airport; and
WHEREAS, he was born on June 25, 1928, and was the son of Mr. James William Crocker, Sr. and Mrs. Ruby King Scherer; and
WHEREAS, he attended Auburn University and was a veteran of World War II and had lived in Columbus for most of his life; and
WHEREAS, he served as President and Chairman of the Board of the Sertoma Club of Columbus, was a member of the Board of Direc tors of the East Columbus Boys Club and was a member of the Wynnton Baptist Church; and
WHEREAS, he was the devoted husband of Mrs. Mary Grace Perry Crocker and was the father of four outstanding children, Mr. James William Crocker, III, Mrs. Diane Harvel, Mrs. Susie Murrah and Miss Renee Crocker.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the passing of Mr. James William Crocker, Jr., and hereby extend their sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Mr. James William Crocker, Jr.

WEDNESDAY, FEBRUARY 21, 1973

1145

HR 224. By Messrs. Adams of the 84th, Davis of the 85th, Thompson of the 86th and others:

A RESOLUTION

Commending the State of Georgia's school bus safety program; and for other purposes.

WHEREAS, Georgia's school bus safety program is one of the most comprehensive in the Nation; and

WHEREAS, every school bus driver in the State undergoes a oneday training program each year to obtain or renew his school bus oper ator's license; and

WHEREAS, Georgia school buses logged over 51 million miles last year, yet no child has been seriously injured on a school bus in the last 10 years; and
WHEREAS, Georgia's program and safety record is so outstand ing that other states visit Georgia to study our program; and

WHEREAS, all of the people involved in Georgia's school bus safety program deserve to be commended and congratulated for their outstand ing service.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Georgia's school bus safety program and all its participants for their outstanding service to the 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 State Department of Education.

HR 225. By Mr. Mauldin of the 13th:
A RESOLUTION
Commending Mrs. Josephine Wheeler; and for other purposes.
WHEREAS, Mrs. Josephine (Jo) Wheeler is celebrating her 30th wedding anniversary with the distinguished Representative from the 13th District, Honorable Jack A. Wheeler, Sr.; and
WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband, and has provided admirable support for him; and
WHEREAS, she is the former Josephine Askew of Hancock County, and became Mrs. Josephine Wheeler after a six-month, whirlwind court ship; and

1146

JOURNAL OP THE HOUSE,

WHEREAS, she is the mother of three outstanding children, Mrs. Mary Jo Dye, 26; Bob E. Wheeler, 25; and Jack A. Wheeler, 21; and the proud grandmother of Paulette, 4; Caryann, 1; and Bobby, 6 months; and

WHEREAS, Mrs. Wheeler is an active member in the social, po litical, civic and religious activities of her community; and

WHEREAS, the care and devotion which she has shown to her family and home during the legislative sessions are to be recognized and commended.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby con gratulate Mrs. Josephine (Jo) Wheeler on the occasion of her 30th wed ding anniversary, and do hereby recognize and commend Mrs. Wheeler for her outstanding dedication to, and her support of, her husband, the distinguished Representative from Elbert County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Josephine (Jo) Wheeler.

HR 226. By Messrs. Whitmire, Wood and Williams of the 9th, Mauldin of the 13th and others:

A RESOLUTION

Commending certain officers and former officers of the Georgia Poultry Federation, Inc.; and for other purposes.

WHEREAS, poultry is an 860 million dollar industry in Georgia which gives Georgia the undisputed title of "Poultry Capital of the World"; and

WHEREAS, poultry and poultry products are the largest segment of Georgia agriculture, accounting for about one-third of the total State farm income; and

WHEREAS, the present and past leadership of the Georgia Poul try Federation reads like "Who's Who" in Georgia Business and In dustry; and

WHEREAS, the following list of distinguished Georgians served as President of the Georgia Poultry Federation, Inc., during the years indicated:

S. W. Draper J. M. Tankersley Roy Durr Smith Johnston Alpha Fowler, Jr.

1951-1952 1952-1954 1954-1956 1956-1957 1958

WEDNESDAY, FEBRUARY 21, 1973

1147

Hulan Hall A. C. Smith, Jr. Max Ward Cliff Clegg Ken Laurent Ralph Mobley Lannis Thomas Ray Burch Fred Coats George Cagle L. Reeder Tucker James Evans Horace Sewell

1959 1960 1961 1962 1963-1964 1964-1965 1965-1966 1966-1967 1967-1968 1968-1969 1969-1970 1970-1971 1971-1972;

and

WHEREAS, the Honorable Homer Wilson is President of the Georgia Poultry Federation for 1972-73; and

WHEREAS, Mr. Lee Arrendale, Mr. Perry McCranie, and Mr. Howard Parker are serving as Vice-Presidents of the Georgia Poultry Federation during 1972-73; and

WHEREAS, it is the desire of the members of this Body to recog nize these outstanding Georgians.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate all of the former presidents and the present President and Vice-Presidents of the Georgia Poultry Federation for their outstand ing accomplishments and achievements and for their tireless efforts to improve and promote the poultry industry in the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to each person named herein.

SR 82. By Senators Gillis of the 20th, Lester of the 23rd, McGill of the 24th and others:
A RESOLUTION
Commending the employees of the State Department of Transpor tation; and for other purposes.
WHEREAS, during the recent record snowfall in Middle Georgia, employees of the State Department of Transportation served far above and beyond the call of duty in clearing the roads and highways in Middle Georgia and in assisting stranded motorists; and
WHEREAS, 3,170 employees of the Maintenance Division of the Department of Transportation were actively engaged in snow removal

1148

JOURNAL OP THE HOUSE,

and cleared 2,500 miles of State highways of snow within a 48-hour period; and

WHEREAS, many employees worked for as long as 30 straight hours without rest, while some employees worked for 48 hours without rest; and

WHEREAS, the maintenance employees stationed in the northern part of the State of Georgia brought their maintenance equipment to Middle Georgia to assist in snow removal.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby recognizes and com mends the many employees of the State Department of Transportation who worked so unselfishly with great dedication and determination in removing the snow from the highways of Middle Georgia during the recent snowfall.

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 State Department of Transportation.

The following Resolutions of the House were read and referred to the com mittees :

HR 227. By Messrs. Castleberry of the 96th, Wamble of the 120th, Buck of the 87th and others:
A RESOLUTION
Urging insurance companies doing business in the State of Georgia to offer full coverage for the costs of the services of dentists, optome trists, physicians, psychiatrists and chiropractors and for other pur poses.
WHEREAS, the practice of dentistry, optometry, medicine, psy chiatry and chiropractic are recognized and licensed professions in the State of Georgia; and
WHEREAS, many Georgians avail themselves on these services; and
WHEREAS, the citizens of this State, from birth to death, need these services when stricken with sickness or disease and should be able to purchase or have purchased for them insurance coverage to pay the costs of these services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that all insurance companies doing business in the State of Georgia, which do not currently offer coverage to pay

WEDNESDAY, FEBRUARY 21, 1973

1149

the costs of the services of dentists, optometrists, physicians, psy chiatrists and chiropractors, offer such coverage in their policies.

BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Insurance Commissioner who is directed to inform all in surance companies of this State of the contents of this Resolution.

Referred to the Committee on Insurance.

HR 228. By Messrs. Davis of the 85th and Castleberry of the 96th:
A RESOLUTION
Endorsing the purposes of the Multi-State Transportation Route Advisory Board; to authorize the participation of the Governor and the Department of Transportation in the purposes of such Board; and for other purposes.
WHEREAS, the six south Georgia Area Planning and Develop ment Commissions joined together to sponsor and establish the South Georgia Limited Access Highway Association; and
WHEREAS, the South Georgia Association in conjunction with counterparts in five other states (Alabama, Arkansas, Mississippi, Missouri, and Tennessee) sponsored and established the Multi-State Transportation Route Advisory Board; and
WHEREAS, key officials and highway authorities of the five above-named states and the State of Georgia are members of this Board's operation for the six states; and
WHEREAS, the six state Board was formally organized in a meet ing in Birmingham, Alabama, on December 8, 1972, at which time the By-laws for that organization were adopted for the purpose of working toward the total development of a transportation route connecting the Southeastern States, from Brunswick, Georgia, with the Midwestern States, Kansas City, as identified in Senate Bill 3939, Section 147, passed by the United States Senate on September 19, 1972, in the 92nd Con gress, Second Session:
"(a) A route from Brunswick, Georgia, or its vicinity, to Kan sas City, Missouri, or its vicinity, so aligned to serve the following intermediate locations, or vicinities thereof; Columbus, Georgia; Birmingham, Alabama; Tupalo, Mississippi; Memphis, Tennessee; Batesville or Jonesboro, Arkansas; and Springfield, Missouri."; and
WHEREAS, the specific objective of the six state Board is to foster, promote, and develop a Multi-State Multi-Mode Transportation Route to serve this regional corridor to meet the transportation needs and provide appropriate economic growth and development; and

1150

JOURNAL OF THE HOUSE,

WHEREAS, the General Assembly determines that it is in the in terest of this State to participate in the purposes of the Board.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby acknowledge and endorse the outstanding efforts being made through the Multi-State Transportation Route Advisory Board, by the sponsoring states, supporting counties, cities and commissions, and do hereby en courage this fine endeavor to provide more adequate high-standard highways in Georgia and the United States, and

BE IT FURTHER RESOLVED that the Governor and the Director of the Department of Transportation of this State are hereby au thorized to participate in the purposes of said Board.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the Multi-State Transportation Route Advisory Board and to each Board Chairman of the States par ticipating therein.

Referred to the Committee on Highways.

HR 229. By Messrs. Hutchinson of the 114th, Matthews and Collins of the 122nd and others:
A RESOLUTION
Urging the Governor and the appropriate State authorities to take whatever action necessary to make the Military Assistance to Safety and Traffic Program available to citizens of Southwest Georgia; and for other purposes.
WHEREAS, the Federal Government and the Armed Forces of the United States have finalized plans to provide helicopters and per sonnel from Fort Benning and the Naval Air Station in Albany to as sist local communities during emergencies; and
WHEREAS, this service includes evacuation and transportation of patients, immediate shipment of blood, drugs, supplies, and disaster aid at no cost; and
WHEREAS, this service is critically needed in the southwest por tion of this State in view of the fact that so many ambulance companies are no longer operational because they are unable to meet minimal safety and health standards due to the high cost of implementing these standards; and
WHEREAS, the federal program requires certain actions by the State in order for it to become operational.

WEDNESDAY, FEBRUARY 21, 1973

1151

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby urges the Governor and appropriate State authorities to take whatever action necessary to make the Military Assistance to Safety and Traffic Program available to Southwest Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Governor.

Referred to the Committee on Appropriations.
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 356. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend the "Georgia Business Develop ment Corporation Act", so as to provide that no business development corporation shall be authorized to commence business until its articles are approved by the Commissioner 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, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey
Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Brown, C.

Brown, S. P. Buck Burruss Burton Busbee Carlisle
Carr Carrell Chance Clark Cole Collins, S. Coney Connell

Davis, E. T. Dean, Gib Dean, J. E. Dent Dickey Duke
Ellis Evans Farrar Foster Fraser Geisinger Gignilliat Grahl

1152
Grantham Greer Groover Harden Harrington Harris, J. R. Hays Hill, B. L. Hill, G.. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan

JOURNAL OP THE HOUSE,

Lowrey Mason Matthews, C. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Odom Oxford Patten, G. C. Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross

Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow 'Stephens Strickland Sweat Thompson Toles Turner Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bohannon Castleberry Davis, W.

Dixon Dorminy Edwards

Floyd, L. R. Noble Patterson

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Alexander, W. H. Beckham Bennett Bray Brown, B. D. Coleman Collins, M. Colwell Daugherty Dean, N. Dollar Egan Elliott Ezzard

Floyd, J. H. Hamilton Harris, J. F. Harrison Hawes Horton, W. L. Howell Irwin, J. R. Keyton Knight Larsen, W. W. Levitas Lewis Marcus Matthews, D. R.

McCracken McKinney Murphy Northcutt Patten, R. L.
Petro Thomason Townsend Triplett Tucker Twiggs
Vaughn Wheeler, J. A. Willis Mr. Speaker

WEDNESDAY, FEBRUARY 21, 1973

1153

On the passage of the Bill, the ayes were 125, nays 9.

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

SB 115. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating an Employees' Suggestion and Awards Board, as amended, so as to redefine the term "Employees' Suggestion and Awards Program"; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Bailey Berlin Berry Blackshear
Bohannon Bond
Bostick Brantley, H. H.
Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck
Burton Busbee Carlisle Carr Carrell Castleberry Chance
Clark Cole

Collins, S. Coney . Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Edwards Egan Ellis Parrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham
Greer Groover Hamilton Harden Harrington
Hays

Hill, G. Horton Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin MeDaniell McDonald McKinney Miles

1154
Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey

JOURNAL OF THE HOUSE,

Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat

Thompson Toles Triplett Tucker Turner Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Beckham Bennett Brown, S. P. Burruss Coleman Collins, M. Colwell Dean, N. Dollar Duke Elliott Evans Ezzard

Floyd, J. H. Harris, J. F. Harris, J. R. Harrison Hawes Hill, B. L. Horton, W. L. Howard Irwin, J. R. Keyton Kreeger Lane, W. J. Larsen, W. W. Levitas

Lewis McCracken Murphy Northcutt Petro Pinkston Russell, W. D. Thomason Townsend Twiggs Vaughn Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 0.

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

SB 160. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to require that fingerprints be furnished to ascertain any criminal activity for a period of two years immediately prior to the date of application; and for other purposes.

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

WEDNESDAY, FEBRUARY 21, 1973

1155

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy
Duke
Edwards
Egan
Ellis
Evans
Farrar
Floyd, L. R.

Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill Lee, W. S. Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin

Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

1156

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Atherton
Beckham Bennett Berry Buck
Burruss Coleman Cornell Dean, N. Dollar Elliott Ezzard

Floyd, J. H.
Harris, J. F. Harrison Hawes Irvin, R.
Irwin, J. R. Keyton Kreeger Larsen, W. W. Levitas Lewis Mason

McCracken
Murphy Northcutt Pearce Petro
Reaves Savage Shepherd Thomason Townsend Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 0.

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

SB 161. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages"; from such taxes; to repeal conflicting laws; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Blackshear Bohannon Bond

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry

Chance Clark Cole Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent

WEDNESDAY, FEBRUARY 21, 1973

1157

Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham
Greer Groover Hamilton Harden Harrington Harris, J. P. Harris, J. R.
Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan

Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nessmith
Nix Noble Odom Oxford Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey

Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D, Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Beckham Bennett Berry Bostick Buck Coleman Dean, Gib Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H.

Geisinger Harrisor Hawes Howell Irwin, J. R. Lambert Larsen, W. W. Levitas Lewis Mason McCracken Miles

Murphy Northcutt Patten, G. C. Pearce Petro Reaves Shepherd Strickland Thomason Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 0.

1158

JOURNAL OF THE HOUSE,

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

HB 571. By Messrs. Snow of the 1st, Lee of the 114th, Hays of the 1st and others:
A Bill to be entitled an Act to amend Code Section 56-1504, relating to corporate charters for stock and mutual insurers, so as to provide that the duration of corporate charters of stock shall be perpetual unless otherwise limited in the application for charter by those individuals qualified to incorporate a mutual insurer; and for other purposes.

The following amendment was read and adopted:
Messrs. Snow of the 1st and Lambert of the 97th move to amend HB 571 as follows:
By adding1 after the word "insurers" in line 4 of page 1, the follow ing:
"heretofore or hereafter chartered in this State and now",
By striking from line 4 of page 1, the following: "on April 3, 1968",
By adding after the woasd "corporation" in line 19 of page 1, the following:
"heretofore or hereafter chartered in this State and now",
By striking from line 19 of page 1, the following: "on April 1,1969".

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Bailey Bennett Berlin Berry

Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F.

WEDNESDAY, FEBRUARY 21, 1973

1159

Harris, J. R. Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Oxford

Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Beckham Blackshear Buck Clark Coleman Dean, N. Dollar Elliott

Ezzard Floyd, J. H. Geisinger Gignilliat Harrison Hawes Hill, B. L. Horton, W. L.

Howell Irwin, J. R. Levitas Lewis Matthews, D. R. McCracken McKinney Noble

1160
Northcutt Petro Savage

JOURNAL OF THE HOUSE,

Shepherd Strickland Thomason

Townsend Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 147, nays 0.

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

HB 168. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th and others:
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"; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey
Bennett Berlin
Berry Blackshear Bohannon Bond Brantley, H. H. Bray
Brown, B. D. Brown, C. Brown, S. P. Buck Burton Carlisle Carr

' Carrell Castleberry Chance Clark Cole Coleman Colwell Coney
Davis, E. T. Davis, W.
Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy
Duke Edwards Ellis Evans Farrar Floyd, L. R. Foster

Fraser Gignilliat Grahl Grantham Groover Harden Harrington Harris, J. F.
Harris, J. R. Hays
Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson
Irvin, J. Jessup Johnson Jones Jordan Keyton King

WEDNESDAY, FEBRUARY 21, 1973

1161

Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Murphy Nix Noble

Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow

Stephens Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs. W. S. Lee and Odom.

Those not voting were Messrs.:

Atherton Beckham Bostick Brantley, H. L. Burruss Busbee Collins, M. Collins, S. Connell Daugherty Dean, N. Dollar Egan Elliott Ezzard Floyd, J. H.

Geisinger Greer Hamilton Harrison Hawes Howard Howell Irvin, R. Irwin, J. R. Knight Kreeger Lane, W. J. Larsen, G. K. Lie vitas Lewis Matthews, D. R.

McCracken Mullinax Nessmith Northcutt Patten, R. L. Petro Phillips, L. L. Savage Shepherd Strickland Townsend Vaughn Ware Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 2.

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

Mr. Busbee of the 114th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 168, but had he been present would have voted "nay".

1162

JOURNAL OF THE HOUSE,

HB 411. By Messrs. Rush of the 104th, Irvin of the 10th, Jones of the 109th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional Industries Administration; and for other purposes.

The following Committee amendment was read and adopted:
The House Committee on State Institutions and Property moves to amend HB 411 as follows:
By striking in their entirety subsections (a) and (b), beginning on line 17 of page 2, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The Administration shall be composed of the Commis sioner of Offender Rehabilitation and six members to be appointed as follows: two members from industry to be appointed by the Gov ernor; one member from labor to be appointed by the Commissioner of Labor; one member from agriculture to be appointed by the Com missioner of Agriculture; one member from the Senate to be ap pointed by the President thereof; and one member from the House of Representatives to be appointed by the Speaker thereof.
(b) The first appointive members shall be appointed as pro vided in subsection (a) to take office on July 1, 1973. Of the mem bers first appointed, the terms of the two members representing in dustry shall expire on June 30, 1977. Thereafter, their successors shall hold office for terms of four years and until the appointment and qualification of their successors. The terms of the remaining members first appointed shall expire June 30, 1975. Thereafter, their successors shall hold office for terms of two years and until their appointment and qualification of their successors. Vacancies occurring in the membership shall be filled in the same manner that members are appointed for the remainder of the unexpired term."
By adding at the end of subsection (d), ending on line 4 of page 3, the following sentence:
"The funds necessary for meeting the expenses as provided for herein shall come from funds appropriated to and available to the Division of Georgia Correctional Industries."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, FEBRUARY 21, 1973

1163

HB 172. By Mr. Dean of the 54th:
A Bill to be entitled an Act to require all students and teachers to wear certain eye protective devices when participating in certain courses of instruction; to provide for rules and regulations; and for other purposes.

The following Committee amendment was read and adopted:
The House Health and Ecology Committee offers the following amendment:
Amend HB 172 by striking from subsection (b) of Section 1, on line 11 of page 2, the word "may" and inserting1 in lieu thereof the word "shall".

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell

Castleberry Clark Cole Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis Evans Ezzard Farrar Floyd, L. R. Grahl Grantham Greer

Groover Harden Harrington Harris, J. R. Hays Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Lowrey Marcus

1164
Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Oxford Patten, R. L. Patterson Pearce

JOURNAL OF THE HOUSE,

Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland

Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood

Those voting in the negative were Messrs.:

Foster Milford

Ritchie

Smith, J. R.

Those not voting were Messrs.:

Bailey Bennett
Bostick
Bray Chance Coleman Collins, M. Collins, S. Daugherty
Egan Elliott Floyd, J. H. Fraser Geisinger

Gignilliat
Hamilton Harris, J. F. Harrison
Hawes Hill, B. L. Horton, W. L. Howard Irwin, J. R.
Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis

Logan McCracken
McDaniell Noble Northcutt Patten, G. C. Petro Sams Thomason Townsend Vaughn Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 134, nays 4.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 412. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend the Intangible Property Tax Act

WEDNESDAY, FEBRUARY 21, 1973

1165

of 1953, so as to delete the provisions that the filing for record of a real estate instrument securing a long term note without payment of the intangible tax in the manner prescribed by said Act shall not constitute legal notice to anyone; and for other purposes.

The following Committee amendment was read and withdrawn by unanimous consent:
Judiciary Committee moves to amend HB 412 as follows on Page 2, Section 2, by deleting Section 2 in its entirety and inserting in lieu thereof the words:
"Section 2. Said Act is further amended by striking Section II of Part I of said Act in its entirety."

The following substitute, offered by Mr. Harris of the 51st, was read and adopted:
A BILL
To be entitled an Act to amend the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec., Sess., p. 379), as amended, so as to provide that the filing for record of a real estate instrument securing a long-term note without payment of the intangible tax in the manner prescribed by said Act shall not constitute legal notice to anyone except in those cases where the State Revenue Commissioner has determined that such tax is not payable; to provide that failure to pay said tax shall not constitute a bar to the collection of the indebtedness when the State Revenue Commissioner has de termined that the tax is not payable; to provide procedures for the State Revenue Commissioner to determine whether the tax is payable with respect to a particular real estate instrument or class of real estate instruments and the non-payment of the tax in reliance upon such determination shall not preclude such real estate instrument or instruments from constituting legal notice and shall not constitute a bar to collection of the indebtedness; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. The Intangible Property Tax Act of 1953, approved December 22, 1953, (Ga. Laws 1953, Nov.-Dec. Sess., p. 379), as amended, is hereby amended by striking Section 5 of Part I in its en tirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner or his deputy shall enter upon or attach to such security instrument a certification of the fact that the intangible tax as provided by Section 4, Part I of this Act has

1166

JOURNAL OF THE HOUSE,

been paid, the date and the amount thereof, and shall be signed by the tax collector or tax commissioner or his deputy. The holder of such a long-term note upon which the tax has been paid as provided by this Act may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who shall then be permitted to file the security instrument for record. It is the intention of the Gen eral Assembly of Georgia that this intangible tax herein levied im posed by Section 4, Part I of this Act shall be paid to the tax col lector or tax commissioner prior to and as a prerequisite to the filing for record of the real estate instrument securing said note with the clerk of the court, and that the clerk of the court shall not be per mitted to file for record such an instrument unless the security instrument discloses on its face the principal amount of the note, the date executed and the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon such note. The filing for record with the clerk of the court of a real estate instrument securing a long term note, without payment of the intangible tax imposed by Section 4, Part I of this Act in the manner prescribed by this Act, shall not con stitute legal notice to anyone, except in those cases where the State Revenue Commissioner has determined that such tax is not payable. The certificate entered upon or attached to the security instrument shall be recorded with the security instrument and shall be in such form as the State Revenue Commissioner may require, but in any event shall bear the signature of the tax collector or tax commis sioner or his deputy."

Section 2. Said Act is further amended by striking Section 11 of Part I of said Act in its entirety and inserting in lieu thereof a new Section 11 to read as follows:

"Section 11. Failure to pay the tax levied by this Act shall constitute a bar to the collection of the indebtedness secured by any instrument required by this Act to be recorded, by suit, fore closure, the exercise of any power of sale, or otherwise, whether such instrument be held by an original party thereto or a trans feree. Such bar may be removed by the payment of the tax required hereunder, plus interest at six (6%) percent per annum from the time said tax was due, and plus a penalty of twenty-five (25%) percent of the amount of the tax. Provided, however, that failure to pay said tax shall not constitute such a bar to the collection of the indebtedness, as described above, where the State Revenue
Commissioner has determined that such tax is not payable. Provided
further, that the State Revenue Commissioner may waive such
penalty if he determines that the failure to pay the tax was through
ignorance of the law, or inadvertence, and not in bad faith. Pro
vided, further, that this Section shall not apply to instruments ac
quired prior to the effective date of this Act."

Section 3. Said Act is further amended by adding between Sec tions 11 and 12 of Part I of said Act a new Section to be numbered 11A and to read as follows:

WEDNESDAY, FEBRUARY 21, 1973

1167

"Section 11A. The State Revenue Commissioner, upon his own motion or upon the written request of one or more holders of notes secured by real estate instruments, will render publicly and in writ ing his determination whether the recording tax provided in this Act is payable with respect to a particularly described real estate instrument or class of real estate instruments. A copy of all such determinations shall be retained in the files of the State Revenue Department as a permanent, public record. Non-payment of the tax provided for herein, with respect to a real estate instrument filed for record, in reliance upon a determination rendered by the State Revenue Commissioner pursuant to this section shall not preclude such instrument from constituting legal notice, as provided in Sec tion 4 of this Act, or constitute a bar to the collection of the in debtedness, as provided in Section 11 of this Act."

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

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

The 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 Bailey Beckham Bennett Berlin Berry
Blackshear Bohannon
Bond Bostick
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.

Buck Burruss
Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M.
Collins, S. Coney
Davis, E. T. Davis, W.
Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dollar

Dorminy Duke
Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster
Geisinger Gignilliat
Grahl Grantham
Greer Groover Harden Harrington Harris, J. F. Harris, J. R.

1168
Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

JOURNAL OP THE HOUSE,

McDonald McKinney
Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush

Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Townsend Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Coleman Colwell Connell
Daugherty Dent Fraser Hamilton

Harrison Hawes Irwin, J. R. Jessup Johnson Larsen, W. W. Levitas Lewis

McCracken McDaniell Petro
Thomason Thompson Triplett Vaughn Mr. Speaker

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

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

HB 506. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to provide that parents may voluntarily consent to the adoption of their child; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1973

1169

The following amendment was read and adopted:

Mr. Morgan of the 70th moves to amend HB 506 by deleting the word "by" on line 14, page 1, and inserting in lieu thereof the word "before".

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 115, nays 0.

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

HB 700. By Messrs. Carrell of the 71st, Russell of the 53rd, Walker of the 100th and others:
A Bill to be entitled an Act to amend an Act providing that buildings constructed with public funds shall be accessible to the physically handi capped, so as to change the provisions relative to elevators; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bond

Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Clark Cole

Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dollar Duke Edwards

1170
Egan Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser. Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert

JOURNAL OF THE HOUSE,

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston

Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Castleberry.

Those not voting were Messrs.:

Bohannon Brown, S. P. Chance Coleman Davis, W. Dickey Dorminy Ellis Gignilliat

Groover Harrison Hawes Hill, G. Irwin, J. R. Keyton Lewis McCracken Morgan

Noble Petro Rainey Ross Thomason Townsend Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 1.

WEDNESDAY, FEBRUARY 21, 1973

1171

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

Mr. Castleberry of the 96th stated that he had inadvertently voted "nay" on the passage of HB 700 and had intended to vote "aye".

HB 132. By Messrs. Snow of the 1st, Lee of the 114th, Tucker of the 69th and others:
A Bill to be entitled an Act to authorize district attorneys to grant immunity from prosecution to any witness in any criminal proceeding involving a felony; and for other purposes.

The following amendment was read and adopted:
Messrs. Russell of the 53rd, Levitas of the 50th and Snow of the 1st move to amend HB 132 by adding at the end of the first sentence in Section 1, the following:
", where the district attorney asserts that the testimony of such witness is needed in connection with such prosecution."
and by striking in line 2, the words "any witness" and substituting in lieu thereof the words "certain witnesses".

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Berlin Blackshear Bohannon Bond Bostick Bray Brown, B. D.

Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, S. Colwell

Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dickey Duke Edwards Elliott Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser

1172
Geisinger Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Keyton Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Lee, W. S. Le vitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Milford Morgan Moyer Nessmith Nix Noble Northcutt Odom Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Rogers

Ross Rush Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs. :

Bennett Lane, W. J. Miles

Murphy Pearce

Roach Thompson

Those not voting were Messrs. :

Adams, G. D. Bailey Beckham Berry Brantley, H. H. Brantley, H. L. Buck Coleman Collins, M. Coney Dean, Gib Dean, J. E. Dent Dixon Dollar

Dorminy Egan Ellis Evans Farrar Gignilliat Grahl Greer Harrison Hawes Irwin, J. R. Jordan King Knight Marcus

McCracken McDonald Mulherin Mullinax Oxford Petro Pinkston Russell, J. Russell, W. D. Sweat Thomason Townsend Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 128, nays 7.

WEDNESDAY, FEBRUARY 21, 1973

1173

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

HR 15-58. By Messrs. Lane of the 40th and Stephens of the 37th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the date for the submission of proposed amendments to the Constitution or proposals for a new Constitution from the date of the general election in even-numbered years to the Tuesday next following the first Mon day in November in odd-numbered years; 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 XIII, Section I, Paragraph I of the Constitution is hereby amended by striking said Paragraph I in its entirety and in serting in lieu thereof a new Paragraph I, to read as follows:
"Paragraph I. Proposals to amend the Constitution; new Con stitution; submission to people.--A new Constitution may be pro posed by the General Assembly or by a constitutional convention. The proposal by the General Assembly to provide for a new Con stitution or to amend this Constitution shall originate as a Resolu tion in either the Senate or the House of Representatives, and, if approved by two-thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be en tered on the journals of each branch with the 'Ayes' and 'Nays' taken thereon. Any proposal to amend this Constitution or any pro posal for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the af firmative vote of two-thirds of the members elected to each branch of the General Assembly in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.
The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general and, if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general it shall be published, as provided by law, in full, once each week for three consecutive weeks im mediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circula tion in each congressional district of the State. If such proposed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immediately pre ceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each county in which the directly affected political subdivision or sub divisions are located. In the event no such newspaper is located in

1174

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such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same man ner as proposed general amendments.

Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the Tuesday next following the first Monday in November in oddnumbered years, and if ratified by a majority of the electors quali fied to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amend ment which is not general shall be submitted at the Tuesday next following the first Monday in November in odd-numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in de termining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitu tion. The General Assembly, in the Resolution, shall state the lan guage to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is sub mitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Constitution."

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 change the date for submission of proposed amendments to the
( ) NO Constitution from the date of the general election in even-numbered years to the Tuesday next following the first Monday in November in odd-numbered years?"

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.

WEDNESDAY, FEBRUARY 21, 1973

1175

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Burton Busbee Carlisle Carrell Castleberry Chance Cole Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Duke Edwards Egan Elliott Ellis Floyd, J. H. Floyd, L. R. Foster

Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Morgan Moyer

Those voting in the negative were Messrs.:

Adams, J. H. Alexander, W. M. Bennett

Collins, M. Davis, E. T. Groover

Mulherin Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Rainey Ritchie Roach Rogers Ross Russell, J. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood
Johnson Keyton King

1176
Lambert Levitas Milford

JOURNAL OF THE HOUSE,

Mullinax Murphy Patten, R. L.

Phillips, L. L. Reaves Ware

Those not voting were Messrs.:

Adams, G. D. Atherton Brown, B. D.
Brown, S. P. Buck Burruss Carr Clark Coleman Dixon Dorminy

Evans Ezzard Farrar
Fraser Grahl Harrison Hawes Irwin, J. R. Jordan Knight McCracken

Petro Phillips, G. S. Pinkston
Rush Russell, W. D. Shepherd Sweat Thomason Townsend Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 129, nays 18.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Levitas of the 50th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite two-thirds constitu tional majority to HR 15-58.

HB 359. By Messrs. Savage of the 30th, Harris of the 51st, Irvin of the 23rd and others:
A Bill to be entitled an Act to provide for a Constitutional Convention to propose revisions, alterations or amendments to the Constitution of the State; and for other purposes.

The following Committee amendment was read and adopted:

State of Republic Committee moves to amend HB No. 359 as follows:
1. By striking Section 2 (page 1 beginning on line 20) and sub stituting a new Section 2 to read as follows:
"Section 2. The Convention shall be composed of one hundred fifty members. Fifteen members from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial

WEDNESDAY, FEBRUARY 21, 1973

1177

Districts embraced or partly embraced within such Congressional District meeting in caucus. Not more than four persons elected from each Congressional District shall be officers or employees of the State. Vacancies occurring in the Convention shall be filled in the same manner that members are elected to the Convention. The members provided for herein shall be elected by September 1, 1973, and the names of such members shall be filed with the Secretary of State.

2. By striking subparagraphs (1), (2) and (3) of paragraph (a) of Section 13 (page 6 beginning on line 23) and substituting new subparagraphs to read as follows:

"(1) four (4) members of the House of Representatives ap pointed by the Speaker, all of whom shall not be affiliated with the same political party;

"(2) four (4) members of the Senate appointed by the Presi dent, all of whom shall not be affiliated with the same political party;

"(3) four (4) members appointed by the Governor, all of whom shall not be affiliated with the same political party."

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

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

Those voting in the affirmative were Messrs.:

Adams, John Alexander, W. M. Beckham Bennett Berlin Berry Brown, C. Brown, S. P. Buck Burton Carlisle Cole Connell Daugherty Davis, W. Dean, N. Dickey

Duke Egan Elliott Ellis Evans Floyd, L. R. Geisinger Hamilton Harris, J. R. Hill, G. Horton, G. T. Horton, W. L. Howard Irvin, R. Kreeger Lane, Dick Larsen, G. K.

Lee, W. S. Logan Marcus Matthews, C. McDonald Nix Noble Odom Pearce Pinkston Roach Rogers Russell, J. Russell, W. D. Sams Savage Shepherd

1178
Smith, V. B. Snow Sweat

JOURNAL OF THE HOUSE,

Thompson Toles Waddle

Wall Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. H. Alien Bailey Bond Brantley, H. L. Brown, B. D. Busbee Carr Carrell Castleberry Chance Clark Collins, M. Collins, S. Coney Davis, E. T. Dean, Gib Dean, J. E. Dent Dixon Dorminy Ezzard Farrar Floyd, J. H. Foster Fraser Gignilliat

Grantham Greer Groover Harden Harrington Harris, J. F. Hays Hill, B. L. Hudson Hutchinson Irvin, J. Jessup Jordan Keyton Knight Lambert Lane, W. J. Lee, W. J. (Bill) Le vitas Lewis Lowrey Mason Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan

Moyer Mulherin Mullinax Murphy Nessmith Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Rush Shanahan Smith, J. R. Strickland Triplett Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, G. D. Atherton Blackshear Bohannon Bostick Brantley, H. H. Bray Burruss Coleman Colwell Dollar
Edwards

Grahl Harrison Hawes Howell Irwin, J. R. Johnson Jones King Larsen, W. W. McCracken Northcutt

Petro Ross Stephens Thomason
Townsend Tucker Turner Twiggs Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 59, nays 86.

WEDNESDAY, FEBRUARY 21, 1973

1179

The Bill, as amended, having failed to receive the requisite two-thirds constitutional majority, was lost.

Mr. Connell of the 80th 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 Thursday, February 22, 1973

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. Earl E. Warnock, Pastor, Southside Baptist Church, Swainsboro, Georgia:

Our Father, we are thankful for this day and this opportunity to visit here in the State Capitol with our legislators.

Father, forgive each of us for our many mistakes and sins which we have committed. We ask for widsom and understanding how we may be able to serve you more completely each day; always being reminded that we will give account of this life and our deeds.

Father, Bless these, our leaders that represent us in our needs, granting unto them the foresight to provide laws for the good of man and to your honor and glory.

Help us to be reminded that there is a greater power than the power we have.

Help us to lay aside all evil and the things that so easily beset us, and to run the race with patience that is set before us; looking forward to the day that we will stand in the presence of our coming King and hear him say, "Well done, thou good and faithful servant: enter thou into the joy of thy Lord."

These blessings we ask in the name of our Lord and Saviour

Jesus Christ,

AMEN.

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

Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

THURSDAY, FEBRUARY 22, 1973

1181

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 859. By Mr. Toles of the 16th:
A Bill to be entitled an Act to assure academic freedom by requiring the teaching and presentation of special creation in public schools if the theory of evolution is taught; and for other purposes.
Referred to the Committee on Education.

HB 860. By Mr. Greer of the 43rd: A Bill to be entitled an Act to provide for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by the terms of a contract of suretyship; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 861. By Mr. Wilson of the 19th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to require disclosure of interests in real estate; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 862. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th: A Bill to be entitled an Act to amend Code Section 49-313, relating to the resignation of guardians, so as to provide for the appointment of a

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JOURNAL OF THE HOUSE,

successor guardian by the ordinary under certain conditions in the event of the death of a duly appointed guardian; and for other purposes.
Referred to the Committee on Judiciary.

HB 863. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, so as to provide that the ordinary of the county may appoint a successor guardian under certain conditions; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 864. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to transfer additional functions from the Public Service Commmission to the Department of Public Safety as pertains to safety regulations of drivers of motor cearriers, and the establish ment of inspection criteria for the regulations of vehicle and driver safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 865. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Hancock County, so as to provide that it shall be the duty of the Board of Commissioners of Hancock County to have annual audits conducted of the financial affairs, books and records of Hancock County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 866. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend an Act incorporating the offices of Tax Receiver and Tax Collector of Hancock County, so as to change compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 867. By Mr. Lambert of the 97th:
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; to authorize the sheriff

THURSDAY, FEBRUARY 22, 1973

1183

to appoint a chief deputy and three other deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 868. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Hancock County, so as to prohibit the employment of county police by the County Commissioners of Hancock County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 869. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to require protective wheel flaps on those motor vehicles under the jurisdiction of the Public Service Commission; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 870. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Scenic Trails Act", so as to authorize and direct the Georgia Department of Transportation to construct bicycle trails in this State; and for other purposes.
Referred to the Committee on Natural Resources.

HB 871. By Messrs. McDonald of the 12th and Brantley of the 22nd:
A Bill to be entitled an Act to amend the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licensees for the sale of distilled spirits or alcoholic beverages shall not be subject to the prohibitions of said Act; and for other purposes.
Referred to the Committee on Temperance.

HR 209-871. By Messrs. Savage of the 30th, Stephens of the 37th, Hudson of the 115th, Grantham of the 127th and Hill of the 41st:
A Resolution proposing an amendment to the Constitution so as to repeal the provision that there shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

HB 872. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 873. By Messrs. Ware and Mullinax of the 65th:
A Bill to be entitled an Act to provide that a head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his household without any requirement to be licensed for such purpose; to provide that there shall be no excise tax on such wine; and for other purposes.
Referred to the Committee on Temperance.
By unanimous consent, HB 873 was ordered engrossed.
HB 874. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Houston County, so as to change the compensation pro visions relating to the members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 210-874. By Messrs. Waddle of the 98th, Moyer of the 99th and Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to authorize and empower the governing authority of Houston County to levy, assess and collect a license fee from any person, firm or corpora tion who may maintain a place of business in any area of Houston County outside the incorporate limits of municipalities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 875. 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 increase the salary of the clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, FEBRUARY 22, 1973

1185

HB 876. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Catoosa County, so as to increase the clerical assistance allowance; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 877. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 878. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Catoosa County, so as to provide for hospitalization insurance for county employees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 879. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Ringgold, 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 880. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of com pensation, so as to provide additional deputies for the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 881. By Mr. Milford of the 13th:
A Bill to be entitled an Act to amend an Act regulating traffic on streets and highways, so as to change the provisions relating to the

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JOURNAL OF THE HOUSE,

making of accident reports by the individual and law enforcement agencies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 882. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 883. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compen sation", so as to increase the compensation of said Ordinary; and for other purposes.
Referred to the Committee on State Planning and Commun ty Affairs--Local Legislation.
HB 884. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend "An Act to consolidate the offices of Tax Receiver and Tax Collector of Upson County into the office of Tax Commissioner of Upson County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 885. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend "An Act to place the Sheriff of Upson County upon an annual salary in lieu of the fee system of compen sation", so as to increase and fix the maximum compensation of the Chief Deputy Sheriff of Upson County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 886. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend Code Section 50-103, providing how habeas corpus petitions must be verified and to whom presented, so as to provide that habeas corpus petitions in criminal cases may be presented to the court of ordinary except where the court does not have the trial jurisdiction or where the person's liberty is being restrained; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 22, 1973

1187

HB 887. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to create the Lowndes County Water and Sewerage Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Ix>cal Legislation.

HB 888. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to repeal an Act creating the Lowndes County Utilities Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 889. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax commissioner and ordinary of Cherokee County on a salary system in lieu of fees, so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 890. By Messrs. Howard of the 19th, Nix and Duke of the 20th, Kreeger of the 21st and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Judge of the Cobb Juvenile Court, so as to change the compensation of said judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 891. By Messrs. Nix of the 20th, Hays and Snow of the 1st, McDaniell of the 20th and Howard of the 19th:
A Bill to be entitled an Act to annually impose an annual motor vehicle registration fee not to exceed $5.00; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 892. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to authorize the Commissioner of the Depart ment of Natural Resources to appoint conservation rangers; and for other purposes.
Referred to the Committee on Recreation.

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JOURNAL OF THE HOUSE,

HB 893. By Messrs. Hill of the 110th and Bond of the 32nd:
A Bill to be entitled an Act to amend Code Section 88-1201.1 relating to rules and regulations for tests for Phenylketonuria and Sickle Cell Anemia and Sickle Cell Trait, so as to provide that such rules and regulations for tests shall require such tests to be made before children begin attending public schools; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 894. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the provisions relating to the compensation of the Sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 895. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Lowndes County, so as to change the meeting date of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 896. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to change the compensation of the coroner in certain counties of this State (population of not less than 55,110 and not more than 58,000) in lieu of all fees and other emoluments; 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 812. By Messrs. Egan of the 25th, Harris of the 51st and Levitas of the 50th: A Bill to be entitled an Act to amend an Act relating to the change of the age of majority, so as to provide for the construction and clarifica tion of the Act; and for other purposes.

HB 813. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to be entitled an Act to amend the Cherokee County Water Au thority Act, so as to delete therefrom the limitation on the amount of outstanding bonds; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1189

HB 814. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to be entitled an Act to provide for the numbering of positions of membership on the Cherokee County Board of Education; and for other purposes.

HB 815. By Messrs. Dean of the 17th, Phillips of the 103rd, Nessmith of the 76th, Lowrey of the 15th, Mauldin of the 13th, Matthews of the 122nd, Toles of the 16th and Adams of the 14th:
A Bill to be entitled an Act to amend an Act establishing soil and water conservation districts, so as to change the composition of the Advisory Committee; and for other purposes.

HB 816. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Chapter 88-14, relating to the practice of midwifery, so as to authorize the Department of Human Resources to adopt regulations exempting certain nurses from the certification requirements of said Code Chapter; and for other purposes.

HB 817. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Chapter 88-3, the Georgia Health Code, so as to change the provisions relating to the appellate procedure to be followed by any person aggrieved or adversely affected by any final order or action of a county board of health or agency of the Department of Human Resources; and for other purposes.

HB 818. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Fayette County upon an annual salary, so as to change certain of the provisions relative to the sheriff's automobiles; and for other purposes.

HB 819. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Fayette County, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the tax com missioner; and for other purposes.

HB 820. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Fayette County upon an annual salary, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the clerk; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 821. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Payette County upon an annual salary, so as to delete therefrom the minimum compensation which must be paid to certain employees of the ordinary; and for other purposes.

HB 822. By Messrs. Bennett of the 124th and Bostick of the 123rd:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the waiver of indictments and the trial of defendants upon accusation so as to provide that defendants who consent thereto may plead guilty to capital felonies without necessity of being indicted by a grand jury; and for other purposes.

HB 823. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to authorize the judges of said circuit to employ three fulltime official court re porters; and for other purposes.

HB 824. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to create the office of Court Administrator of the Superior Court of Clayton County; and for other purposes.

HB 825. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the compensation of the sheriff, his deputy, and his secretary; and for other purposes.

HB 826. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Lanier County, so as to change the compensation of the tax commissioner; to provide compensation for any additional clerical help; and for other purposes.

HB 827. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the ordinary of Lanier County and providing in lieu thereof an annual salary, so as to change the compensation of the ordi nary; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1191

HB 828. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Lanier County Attorney, so as to change the compensation of the Lanier County Attorney; and for other purposes.

HB 829. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lanier County and pro viding in lieu thereof an annual salary, so as to change the compensation of the clerk; and for other purposes.

HB 830. By Messrs. Elliott of the 49th, Savage of the 30th, Atherton of the 19th, Larsen of the 27th, Harris of the 51st and Petro of the 46th:
A Bill to be entitled an Act to provide that used motor vehicle sales are to be covered by warranties issued to the consumer by the used motor vehicle dealer; and for other purposes.

HB 831. By Mr. Savage of the 30th:
A Bill to be entitled an Act to amend Code Chapter 84-7, relating to the practice of dentistry, so as to provide for the Board of Dental Examiners of Georgia to be independent and have no connection with the JointSecretary, State Examining Boards; and for other purposes.

HB 832. By Mr. Savage of the 30th:
A Bill to be entitled an Act to amend Code Chapter 89-9, relating to miscellaneous provisions concerning public officers and employees, so as to provide for certain elected state officials to file annual statements of income; and for other purposes.

HR 204-832. By Messrs. Brown and Carlisle of the 67th:
A Resolution relieving the sureties on certain bonds within certain courts of Spalding County; and for other purposes.

HR 205-832. By Mr. Morgan of the 70th:
A Resolution proposing an amendment to the Constitution so as to create the City of Covington Parking Authority; and for other purposes.

HB 833. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend Code Section 13-203.1 relating to bank offices and bank facilities, so as to provide that the Commissioner

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of the Department of Banking and Finance may determine population requirements according to official census data; and for other purposes.

HB 834. By Messrs. Davis of the 85th and Beckham of the 82nd:
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.

HB 835. By Mr. Grahl of the 88th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, so as to change the provisions relative to the compensation of said clerk; and for other purposes.

HB 836. By Mr. Grahl of the 88th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court for Crawford County, so as to change the provisions relative to the jurisdiction of said court, court costs and contempt of court; and for other purposes.

HB 837. By Messrs. Wheeler of the 127th, Burton of the 47th, Rogers of the 128th and Duke of the 20th:
A Bill to be entitled an Act to amend an Act establishing special educa tional facilities for exceptional children so as to provide for the imple mentation of a program for such children; and for other purposes.

HB 838. By Mr. Dixon of the 126th: A Bill to be entitled an Act to amend an Act providing and establishing a new charter for the City of Wayeross, so as to change the effective date of certain provisions of said 1972 amendatory Act; and for other purposes.
HB 839. By Messrs. Whitmire, Wood and Williams of the 9th: A Bill to be entitled an Act to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial expenses for paupers in certain counties (population not less than 56,000 nor more than 60,000); and for other purposes.
HR 206-839. By Mr. Fraser of the 117th: A Resolution compensating Mrs. Hazel McCrae; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1193

HB 840. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act creating the State Building Administrative Board, so as to provide that the State Codes promulgated by the Board shall apply in certain jurisdictions; and for other purposes.

HB 841. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Section 23-1101, relating to the election, commissions, qualifications and removal of county surveyors, so as to provide that the requirement that every person holding the position of county surveyor shall be a qualified licensed surveyor shall not apply to certain surveyors; and for other purposes.
HB 842. By Messrs. Morgan of the 70th, Bennett of the 124th, Tucker of the 69th and Snow of the 1st:
A Bill to be entitled an Act to amend the "Georgia Youthful Offender Act of 1972", so as to redefine a certain term; to clarify certain pro visions relating to the sentencing of defendants under this Act; and for other purposes.

HB 843. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the provisions relating to the employment of deputies and other personnel by the sheriff and the compensation of such deputies and personnel; and for other purposes.
HB 844. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, so as to change the provisions relating to the employment of assistants and other clerical help by the tax com missioner and the compensation of such assistants and clerical help; to provide for an annual audit of the tax commissioner's office; and for other purposes.

HB 845. By Messrs. Milford, Mauldin and Wheeler of the 13th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, so as to change the compensation of the clerk and ordinary; and for other purposes.
HB 846. By Messrs. McDaniell of the 20th, Howard of the 19th, Nix and Duke of the 20th: A Bill to be entitled an Act to amend Code Section 68-221, relating to the

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time within which non-residents must purchase license plates, so as to require nonresidents to purchase license plates immediately under certain conditions; and for other purposes.

HB 847. By Messrs. McDaniell of the 20th and Howard of the 19th:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways, so as to provide minimum speed limits upon certain highways under certain conditions; and for other purposes.

HB 848. By Messrs. Carlisle of the 67th, Buck of the 87th, Bailey of the 68th, Northcutt of the 68th, Knight of the 65th, Lee of the 68th, Brown of the 67th and Johnson of the 68th:
A Bill to be entitled an Act to amend Code Chapter 68-1, relating to licenses, so as to add a new Code Section 68-101.1 defining the term "motorized cart"; and for other purposes.

HB 849. By Messrs. Carlisle of the 67th, Buck of the 87th, Bailey of the 68th, Northcutt of the 68th, Knight of the 65th, Lee of the 68th, Brown of the 67th and Johnson of the 68th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to define "motorized cart"; to authorize local governing authorities to designate certain streets and highways for use by motorized carts; to exempt motorized carts from motor vehicle inspection requirements and vehicle equipment require ments; and for other purposes.

HB 850. By Messrs. Rainey of the 115th, Jessup of the 102nd, Dorminy of the 115th, Coleman of the 102nd, Larsen of the 102nd and Hudson of the 115th:
A Bill to be entitled an Act to fix the terms of the Superior Courts of the Cordele Judicial Circuit; and for other purposes.

HB 851. By Messrs. Rainey of the 115th, Jessup of the 102nd, Dorminy of the 115th, Coleman and Larsen of the 102nd and Hudson of the 115th:
A Bill to be entitled an Act to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the compensation of the official court reporter; and for other purposes.

HB 852. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Geor gia Health Code", so as to authorize the Department of Human Resources

THURSDAY, FEBRUARY 22, 1973

1195

to adopt public health regulations governing the development, sale, and certain uses of subdivided lands applicable on a State-wide basis; and for other purposes.

HB 853. By Messrs. Cole of the 6th and Noble of the 48th:
A Bill to be entitled an Act to regulate the use of explosives in certain blasting operations; and for other purposes.

HB 854. By Messrs. Cole of the 6th and Noble of the 48th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to make more explicit reference to current classes of drivers' licenses; to provide for a four-year license; and for other purposes.

HB 855. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, so as to prohibit the operation of vehicles on the roads and highways unless such vehicles are covered so as to prevent any spillage in such a manner as to create a safety hazard; and for other purposes.

HR 207-855. By Messrs. Russell of the 53rd, Farrar of the 52nd, Lambert of the 97th, Wall of the 61st, Carrell of the 71st, Floyd of the 5th, Hudson of the 115th and Grantham of the 127th:
A Resolution proposing an amendment to the Constitution so as to provide the General Assembly shall provide by law the powers the State Board of Pardons and Paroles shall have to grant reprieves, pardons and paroles to commute penalties, to remove disabilities imposed by law and to remit parts of sentences; and for other purposes.

HR 208-855. By Messrs. Wilson and Atherton of the 19th, Nix, Duke and McDaniell of the 20th and Kreeger of the 21st:
A Resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $6,000 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000 for the immediately preceding taxable year; and for other purposes.
HB 856. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hiram, so as to change the maximum compensation of the mayor and councilmen; and for other purposes.

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HB 857. By Messrs. Murphy of the 18th and Smith of the 91st:
A Bill to be entitled an Act to repeal an Act entitled "An Act to require the State Department of Public Health to promulgate rules and regula tions providing for eye and dental examinations for students;" and for other purposes.

HB 858. By Mr. Murphy of the 18th: A Bill to be entitled an Act to amend the "Georgia Public Assistance Act of 1965", so as to provide for the coverage of chiropractic services; and for other purposes.
SR 13. By Senators Webb of the llth and London of the 50th: A Resolution proposing an amendment to the Constitution so as to pro vide that in civil and misdemeanor 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.
SR 25. By Senator Hamilton of the 26th: A Resolution proposing an amendment to the Constitution so as to pro vide for four-year terms for the members of the Senate; and for other purposes.
SR 26. By Senator Hamilton of the 26th: A Resolution proposing an amendment to the Constitution so as to pro vide for four-year terms for the members of the House of Representa tives; and for other purposes.

SB 29. By Senators Webb of he llth and London of the 50th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post trial procedure, so as to provide for inter locutory appeals upon petition to the Supreme Court or Court of Appeals and for other purposes.

SR 30. By Senators Hudgins of the 15th and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to in crease the homestead exemption for any disabled American Veteran who submits evidence that he is 100% disabled as a result of such service in the armed forces; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1197

SB 31. By Senators Webb of the llth and London of the 50th:
A Bill to be entitled an Act to amend Code Chapter 27-7, relating to indictments, presentments, and waiver of the same, so as to provide that any person who is arrested for a crime punishable by death, shall be entitled to have the charge or accusation heard by a grand jury hav ing jurisdiction over the defendant; and for other purposes.

SR 50. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.

SB 53. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to place assistant district attorneys under the Fulton County Pension and Retire ment Fund; and for other purposes.

SB 182, By Senator Webb of the llth:
A Bill to be entitled an Act to provide that the district attorney of the circuit in which a seizure of property is made in connection with illegal hunting or fishing shall bring the in rem proceedings against that property rather than the Director of the State Game and Fish Commis sion ; and for other purposes.
SB 135. 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; to provide for renumbering certain Sections and subsections of the Code; and for other purposes.
SB 143. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that, in order for a prisoner to be transferred to the Attorney General of the U. S. for confinement, the prisoner need not be serving a concurrent Federal sentence; and for other purposes.

SB 144. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that a

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prisoner authorized to work at paid employment must comply with rules and regulations promulgated by the Board of Corrections; and for other purposes.

SB 146. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend the Georgia Prison Industries Act, so as to authorize the Georgia Prison Industries Administration to con tract with any department, agency or instrumentality of the State or any political subdivision for the furnishing of any service which the State Board of Corrections may provide; and for other purposes.

SB 154. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend Code Section 92-6912, relating to arbitration, so as to provide for an appeal of the arbitrators' decision to the superior court of the county in which the property lies by either the taxpayer or the board of tax assessors under certain conditions; and for other purposes.
SB 196. By Senator Duncan of the 30th:
A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to change the provisions relative to the bond filed with the Commissioner in connection with the issuance of a certificate of title; and for other purposes.

SB 201. By Senator McGill of the 24th:
A Bill to be entitled an Act to amend Code Chapter 84-15, the Georgia Veterinary Practice Act, so as to revise substantially the laws relating to the practice of veterinary medicine; and for other purposes.

SB 203. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize fiduciaries, banks and trust companies acting as custodians, managing agents or custodians for fiduciaries to deposit securities held in such capacities in a securities depository or "clearing corporation"; and for other purposes.

SB 213. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 108-417, relating to investments by trustees, so as to provide for investments in life in surance, endowment or annuity contracts issued by certain insurers on the life or for the benefit of any beneficiary of a trust; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1199

SB 108. By Senator Holloway of the 12th:
A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.

Mr. Parrar of the 52nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 479. Do Pass.

HB 606. Do Pass.

HB 707. Do Pass.

Respectfully submitted, Northcutt of the 68th, 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 has instructed me to report the same back to the House with the following recommendations:

HB 199. Do Pass.

HB 293. Do Pass.

HB 295. Do Pass.

HB 671. Do Pass.

HB 749. Do Pass.

HB 706. Do Pass, as Amended.

Respectfully submitted, Snow of the 1st, Chairman.

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JOURNAL OP THE HOUSE,

Mr. Rainey of the 115th District, Chairman of the Committee on Recreation, submitted the following report:

Mr. Speaker:

Your Committee on Recreation 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 596. Do Pass.

Respectfully submitted, Rainey of the 115th, Chairman.

Mr. Buck of the 87th District, Chairman of the Committee on Retirement submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 108. Do Pass.
Respectfully submitted, Buck of the 87th, Chairman.

Mr. Roach of the 8th District, Chairman of the Committee on Special Ju diciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 176-680. Do Pass.
HB 418. Do Pass.
HR 20- 58. Do Pass.
HB 190. Do Pass.

THURSDAY, FEBRUARY 22, 1973

1201

HB 683. Do Not Pass.

HB

37. Do Pass.

HB 560. Do Pass.

HB 704. Do Pass.

HB 456. Do Pass.

Respectfully submitted, Roach of the 8th, Chairman,

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation), 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 75-251. Do Pass.

HR 149-596. Do Pass.

HR 180-719. Do Pass.

HR 181-719. Do Pass.

HB

81. Do Pass, as Amended.

HB 513. Do Pass, by Substitute.

HB 578. Do Pass, as Amended.

HB 581. Do Pass.

HB 582. Do Pass.

HB 583. Do Pass.

HB 609. Do Pass.

HB 610. Do Pass.

1202 HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB

JOURNAL OP THE HOUSE, 649. Do Pass. 658. Do Pass. 659. Do Pass. 660. Do Pass. 661. Do Pass. 662. Do Pass. 677. Do Pass. 681. Do Pass. 685. Do Pass. 686. Do Pass. 687. Do Pass. 688. Do Pass. 689. Do Pass. 690. Do Pass. 694. Do Pass. 712. Do Pass.
Respectfully submitted, Levitas of the 50th, Chairman.

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

HB 81. By Messrs. Odom, Lee, Busbee and Hutchinson of the 114th:
A Bill to be entitled an Act to amend an Act establishing an annual salary for the Ordinary of Lee County in lieu of the fee system of compensation, so as to provide for a clerk and other clerical assistance for said Ordinary; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1203

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 81 as follows:

By adding at the end of Line 16 of Page 1 the following:

"and not more than $4,800.00".

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

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

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

HB 513. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to authorize the Ordinary of Bacon County to appoint a full-time secretary to assist him in the performance of the duties of his office with the approval of a majority of the governing authority of Bacon County; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to authorize the Ordinary of Bacon County to appoint a full-time secretary to assist him in the performance of the duties of his office with the approval of a majority of the governing au thority of Bacon County; to provide that the compensation of the secre tary shall be fixed by a majority vote of the governing authority of Bacon County within a certain limitation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Ordinary of Bacon County shall have the sole power and authority to appoint a full-time secretary to assist him in the performance of the duties of his office with the approval of a majority of the governing authority of Bacon County, and such secre tary shall receive such compensation as shall be agreed upon by a ma jority vote of the governing authority of Bacon County, but the compen-

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sation of such secretary shall not be less than $3,900.00 per annum and shall be paid on a weekly basis from the funds of Bacon County.

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

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

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

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

HB 578. By Messrs. Brown, Dickey, Coney, Pinkston and Berlin of the 89th and Groover of the 75th:
A Bill to be entitled an Act to amend an Act known as the "Bibb County Water and Sewerage Authority Act", so as to change the name of the authority; to change the membership of the Authority and provide for elected and appointed members thereof; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 578 as follows:
By adding to the title, following the word "definitions", on line 10 of page 1 the following:
"; to provide that the power of eminent domain shall not be exercised by the Authority outside the limits of Bibb County".
By striking from the title on lines 11 and 12 of page 1 the following:
"to grant additional powers to the Authority",
and inserting in lieu thereof the following:
"to grant additional powers to the Authority; to provide for the furnishing of services and the exercise of powers upon com pliance with certain restrictions and limitations".
By adding to the title, following the word "credit", on line 19 of page 1, the following:

THURSDAY, FEBRUARY 22, 1973

1205

"; to provide for the venue of actions against the Authority and for service upon the Authority".

By inserting, after Section 4, a new Section, to be designated Sec tion 5, to read as follows:

"Section 5. Said Act is further amended by adding at the end of paragraph (c) of Section 4, the following:

'provided, however, the power of eminent domain shall not be exercised outside the limits of Bibb County;',

so that when so amended, paragraph (c) of Section 4 shall read as follows:

'(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by con demnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of 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 man ner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property con demned under this Act except from the funds provided under the authority of this Act, 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; provided, however, the power of eminent domain shall not be exercised outside the limits of Bibb County;' "

By renumbering the existing Section 5 and Section 6 as Section 6 and Section 7, respectively.

By renumbering the existing Section 7 as Section 8 and by striking from said Section the material quoted as paragraph (m), beginning on line 32 of page 7, and inserting in lieu thereof a new paragraph (m), to read as follows:

" (m) Except as otherwise provided in this Act, the Authority may exercise any of its powers or provide any of its services inside the boundaries of any local government within Bibb County and, when authorized by contract with the governing authority thereof, within the limits of another county."

By redesignating the existing Sections 8, 9 and 10 as Sections 9, 10 and 11, respectively.

By adding, following the existing Section 10, now redesignated as Section 11, following line 27 of page 11, a new Section, to be designated Section 12, to read as follows:

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"Section 12. Said Act is further amended by adding at the end of Section 20, following the word 'actions', the following:

'; provided, however, that the venue of any action against said Authority shall be in the superior court of the county in which the power of the Authority is exercised or services are provided by the Authority in the Act giving rise to such action is committed within such county. The Authority may be served by second original in any such action.',

so that when so amended, Section 20 shall read as follows:

'Section 20. Same; venue and jurisdiction.--Any action to pro tect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Su perior Court of Bibb County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions; provided, however, that the venue of any action against said Authority shall be in the superior court of the county in which the power of the Authority is exercised or services are provided by the Authority if the act giving rise to such action is committed within such county. The Authority may be served by second original in any such action.' "

By redesignating the existing Sections 11, 12, 13, 14 and 15 as Sections 13, 14, 15, 16 and 17, respectively.

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

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

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

HB 293. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Walton 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.

THURSDAY, FEBRUARY 22, 1973

1207

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

HB 295. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to be entitled an Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County; and for other purposes.

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

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

The Bill, having received the requisite constitutional majority, was passed.
HB 581. By Messrs. Harris of the 51st, Levitas of the 50th, Jordan of the 58th and others: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, as amended, so as to change the compensation of the official court reporter; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 582. By Messrs. Harris of the 51st, Busbee of the 53rd, Levitas of the 50th and others:
A Bill to be entitled an Act to amend an Act providing for two additional court reporters for certain judicial circuits and providing for additional secretarial and clerical help in such circuits, so as to authorize the judges of said judicial circuits to employ additional court reporters; and for other purposes.

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

1208

JOURNAL OP THE HOUSE,

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

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

HB 583. By Messrs. Harris of the 51st, Busbee of the 53rd, Levitas of the 50th and others:
A Bill to be entitled an Act to provide for a supplement to the compen sation, expenses and allowances of the judge 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 609. By Messrs. Harris of the 51st, Russell of the 53rd, Levitas of the 50th 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 fix the compensation of the judges of said court; and for other purposes.

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

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

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

HB 610. By Messrs. Harris of the 51st, Russell of the 53rd, Levitas of the 50th 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 that the cost provided for such court shall be inclusive of all cost which might be collected for providing funds for the purchase of law books, reports, texts and periodicals for a county law library; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1209

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

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

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

HB 649. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to be entitled an Act to create a new Charter for the Town of Lake Park; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 658. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act creating the State Court of Washington County, as amended, so as to change the salaries 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.

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

HB 659. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Wash ington County upon an annual salary; to provide an effective date; and for other purposes.

1210

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 660. By Mr. Carr of the 90th:
A Bill to be entitled an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary; and for other purposes.

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

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

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

HB 661. By Mr. Carr of the 90th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Washington 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 662. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the Town of Riddleville, so as to increase the terms of office of town officials; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1211

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

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

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

HB 677. By Messrs. Wilson of the 19th, Kreeger of the 21st, Duke of the 20th and others:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, as amended, so as to change the pro visions relative to the recall of the Chairman or members of the Board; and for other purposes.

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

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

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

HB 681. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act. entitled "An Act to fix the compensation for the members of the boards of roads and revenues of Jefferson County, so as to change the compensation of the 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 685. By Messrs. Jessup, Coleman and Larsen of the 102nd: A Bill to be entitled an Act to amend an Act incorporating the Town of Pineview, as amended, so as to authorize said town to dispose of cer-

1212

JOURNAL OF THE HOUSE,

tain portions of two public streets located within 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.

HB 686. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act creating the State Court of Jefferson 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 687. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act incorporating the City of Ailey in Montgomery County, 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 22, 1973

1213

HB 688. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to change and define the corporate limits; and for other purposes.

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

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

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

HB 689. By Messrs. McCracken and Lewis of the 77th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jef ferson County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

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

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

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

HB 690. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blackshear, so as to change the date for holding city elec 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.

1214

JOURNAL OP THE HOUSE,

HB 694. By Messrs. Lane and Nessmith of the 76th, Lewis and McCracken of the 77th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Sardis, 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 704. By Messrs. Adams and Smith of the 74th, Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend "An Act to create a new judicial circuit for the State to be called the Griffin Circuit and to be comprised of the counties of Spalding, Pike, Upson and Fayette", so as to au thorize the governing authority to supplement the salary of the Judge and the District Attorney; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 712. By Mr. Carr of the 90th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, so as to raise the limit of fines imposed by the mayor's court; to change the compensation of the mayor and council; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

THURSDAY, FEBRUARY 22, 1973

1215

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

HR 75-251. By Messrs. Strickland of the 116th, Coleman, Jessup and Larsen of the 102nd and Harrison of the 116th:
A RESOLUTION
Proposing an amendment to the Constitution so as to repeal the provision that the county officers of Telfair County shall be ineligible to hold office under certain conditions; 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 I of the Constitution is hereby amended by striking from said Paragraph the following:
"The county officers of Telfair County shall not be eligible to succeed themselves after having served two successive terms in office, nor shall any such officer who is ineligible to succeed him self be eligible to hold any other elective county office within a four year period following the date of the expiration of his second suc cessive term. This amendment shall not apply to any terms of of fice served prior to the year 1965, and for the purposes of determin ing ineligibility, only those successive terms of office commencing with those terms which begin in 1965 shall be counted."
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 repeal the provision that the county officers of Telfair County
( ) NO shall not be eligible to succeed themselves after having served two successive terms in office?"
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.

1216

JOURNAL OP 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, J. H. Adams', John Alexander, W. H.
Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B .D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dorminy Duke Edwards Egan Ellis Evans Farrar

Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan

Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

THURSDAY, FEBRUARY 22, 1973

1217

Those not voting were Messrs.:

Adams, Marvin Berlin Chance Daugherty Dean, J. E. Dean, N. Dallar Elliott Ezzard Gignilliat Grahl

Hamilton Hill, G. Howell Irwin, J. R. Keyton Larsen, G. K. Matthews, D. R. McCracken Noble Northcutt

Oxford Phillips, G. S. Rainey Shepherd Smith, J. R. Thomason Townsend Wheeler, J. A. Williams Mr. Speaker

On the adoption of the Resolution the ayes were 149, nays 0.

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

HR 149-596. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner of Floyd 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 General Assembly is hereby authorized to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner of Floyd County and to provide for all matters relative thereto."
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:

1218

JOURNAL OF THE HOUSE,

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the abol-
( ) NO ishment of the office of Coroner of Ployd County and to create the office of medical examiner of Floyd 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 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, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry

Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover

Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas

Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Patten, G. C.

THURSDAY, FEBRUARY 22, 1973

1219

Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens

Strickland Sweat Thompson Toles
Triplett Tucker Turner Twiggs
Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those not voting were Messrs.:

Adams, Marvin Berlin Chance Daugherty Dean, J. E. Dean, N. Dollar Elliott Ezzard Gignilliat Grahl

Hamilton Hill, G. Howell Irwin, J. R. Key ton Larsen, G. K. Matthews, D. R. McCracken Noble Northcutt

Oxford
Phillips, G. S. Rainey Shepherd Smith, J. R. Thomason Townsend Wheeler, J. A. Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 149, nays 0.

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

HR 180-719. By Mr. Shanahan of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Gordon County to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1220

JOURNAL OF THE HOUSE,

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 paragraph:

"Gordon County shall be authorized to appropriate to and for the use of HAND UP, INC., a corporation incorporated under the laws of Georgia, a sum not to exceed $5,000.00 per annum out of the public funds of said 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 Gordon County to appropriate to HAND UP, INC., a
( ) NO sum not to exceed $5,000.00 per annum out of the public funds of 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.
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, J. H. Adams, John
Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett

Berry Blackshear Bohannon
Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Brown, S. P. Buck Burruss
Burton Busbee Carlisle Carr Carrell Castleberry Clark

THURSDAY, FEBRUARY 22, 1973

1221

Cole Coleman Collins, M. Collins, S. Colwell
Coney Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gei singer Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson

Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Patten, G. C. Patten, R. L. Patterson

Pearce Peters Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, Marvin Berlin Chance Daugherty Dean, J. E. Dean, N. Dollar Elliott Ezzard Gignilliat Grahl

Hamilton Hill, G. Howell Irwin, J. R. Keyton Larsen, G. K. Matthews, D. R. McCracken Noble Northcutt

Oxford Phillips, G. S. Rainey Shepherd Smith, J. R. Thomason Townsend Wheeler, J. A. Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 149, nays 0.

1222

JOURNAL OF THE HOUSE,

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

HR 181-719. By Mr. Shanahan of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The City of Calhoun shall be authorized to appropriate to and for the use of HAND UP, INC., a corporation incorporated under the laws of Georgia, a sum not to exceed $5,000.00 per annum out of the public funds of said city."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the City of Calhoun to appropriate to HAND UP,
( ) NO INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows;

THURSDAY, FEBRUARY 22, 1973

1223

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark
Cole
Coleman
Collins, M.
Collins, S.
Colwell
Coney
Connell
Davis, E. T.
Davis, W.
Dean, Gib
Dent
Dickey
Dixon
Dorminy
Duke
Edwards
Egan
Ellis
Evans
Farrar

Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan

Moyer Mulherin Mullinax Murphy Nessmith Nix Odom Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland
Sweat
Thompson
Toles
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Whitmire
Willis
Wilson, J. M.
Wilson, M. L.
Wood

1224

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Berlin Chance Daugherty Dean, J. E. Dean, N. Dollar Elliott Ezzard Gignilliat Grahl

Hamilton Hill, G. Howell Irwin, J. B. Keyton Larsen, G. K. Matthews, D. R. McCracken Noble Northcutt

Oxford Phillips, G. S.
Rainey Shepherd
Smith, J. R. Thomason Townsend
Wheeler, J. A. Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 149, nays 0.

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

HB 98. By Messrs. Hutchinson of the 114th, Cole of the 6th, Milford of the 13th and others:
A Bill to amend an Act providing how motorcycles shall be operated, so as to require that the headlights and rear lights of motorcycles shall be ignited during all hours of operation upon the public roads of this State.

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

HB 17. By Messrs. Harris of the 51st, Russell of the 53rd, Levitas of the 50th, and others:
A Bill to amend an Act providing for four terms of the Superior Court of DeKalb County, annually, so as to provide for six terms of the Superior Court of DeKalb County annually.

THURSDAY, FEBRUARY 22, 1973

1225

HB 47. By Mr. Groover of the 75th:
A Bill to amend Code Section 59-106, relating to revision of jury lists and the selection of grand and traverse jurors, so as to provide that in composing the jury lists, the board of jury commissioners shall use the official registered voters' list.

HB 56. By Messrs. Shanahan of the 7th, Lee of the 114th, Ross of the 72nd, and others:
A Bill to amend Code Title 105, relating to torts, so as to create a new Code Chapter 105-13A, relating to injuries to the person and to property resulting from motor vehicle collisions.

HB 63. By Messrs. Groover of the 75th, Vaughn of the 57th and Brown of the 89th:
A Bill to amend Code Section 105-1302, relating to the homicide of a husband or parent, so as to provide that the widow may release the alleged wrongdoer without the concurrence of any children or any representative of a child without any order of court.

HB 68. By Mr. Adams of the 14th:
A Bill 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.

HB 160. By Messrs. Kreeger and Burruss of the 21st and Duke of the 20th:
A Bill to amend an Act relating to the administration of the taxing laws of this State, so as to provide for the payment of refunds to certain taxpayers or county tax officials under certain circumstances.

SB 107. By Senator Fincher of the 54th:
A Bill to amend the "Georgia Anatomical Gift Act" (Ga. Laws 1969, p. 59 et seq.) relating to the gift of all or a part of the human body after death, so as to provide a definition of death.

SB 176. By Senators Fincher of the 54th, Brown of the 47th and Langford of the 51st:
A Bill to provide additional identification and reporting procedures for abused children; to provide a new Code Section 74-111 so as to include teachers, school administrators, child care personnel and law enforcement personnel as persons required to report.

1226

JOURNAL OF THE HOUSE,

SB 177. By Senators Fincher of the 54th, Brown of the 47th, and Langford of the 51st:
A Bill to amend an Act known as the "Children and Youth Act" approved March 14, 1963 (Ga. Laws 1963, p. 81), so as to provide that the Department of Human Resources may provide financial assistance to families adopting certain children.

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

HR 54-161. By Messrs. Rush of the 104th, Strickland of the 116th and Phillips of the 103rd:
A Resolution renaming the "Piney Bluff Bridge" spanning the Altamaha River on U.S. Highway 1 between Lyons and Baxley, the "Joseph Simmons Alexander, Sr. Memorial Bridge".

HR 104-376. By Messrs. Colwell and Twiggs of the 4th, Ritchie of the llth and Irvin of the 10th:
A Resolution authorizing and directing the State Department of Transportation to erect an appropriate marker along the Richard B. Russell Scenic Highway near Hog Gap in memory of the late James P. Davidson.

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

HB 77. By Messrs. Lee, Johnson, Bailey of the 68th, and others:
A Bill to amend an Act creating the Board of Commissioners of Clayton County, so as to change the qualifications of the comptrolleradministrative assistant.

The following Bills of the Senate were read the first time and referred to the committees:

SB 107. By Senator Fincher of the 54th:
A Bill to be entitled an Act to amend the "Georgia Anatomical Gift Act" relating to the gift of all or a, part of the human body after death, so as to provide a definition of death; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 22, 1973

1227

SB 176. By Senators Finoher of the 54th, Brown of the 47th and Langford of the 51st:
A Bill to be entitled an Act to provide additional identification and reporting procedures for abused children; to provide a new Code Section 74-111 so as to include teachers, school administrators, child care personnel and law enforcement personnel as persons required to report; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 177. By Senators Fincher of the 54th, Brown of the 47th and Langford of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to provide that the Department of Human Resources may provide financial assistance to families adopting certain children; and for other purposes.
Referred to the Committee on Human Relations.

Mr. Levitas of the 50th moved that the House reconsider its action in giving the requisite two-thirds constitutional majority to the following Resolution of the House:

HR 15-58. By Messrs. Lane of the 40th and Stephens of the 37th:
A Resolution proposing an amendment to the Constitution so as to change the date for the submission of proposed amendments to the Constitution or proposals for a new Constitution from the date of the next general election in even-numbered years to the Tuesday next following the first Monday in November in odd-numbered years; 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.:

Alexander, W. H. Berry Blackshear Carlisle Chance Clark Cole Collins, M. Evans Foster Fraser

Greer Groover Harris, J. F. Horton, G. T. Hutchinson Irvin, J. Johnson King Larsen, W. W. Levitas Matthews, D. R.

Milford Mulherin Murphy Phillips, G. S. Phillips, L. L. Pinkston Reaves Rush Russell, W. D. Thompson

1228

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Alien Bailey Beckham Bennett Bohannon
Bostick Brantley, H. H. Bray Brown, C. Burton Busbee Carr Carrell Castleberry Collins, S. Coney Connell Davis, W. Dean, J. E. Dean, N. Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis Farrar Floyd, L. R.

Geisinger Gignilliat Grantham Harden Harris, J. R. Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Jones Jordan Keyton Knight Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mauldin McDonald McKinney Miles Moyer Mullinax Nessmith Nix
Odom

Oxford Patten, G. C. Patten, R. L. Patterson Petro Rainey Ritchie Rogers Ross Russell, J. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Toles Triplett Tucker Turner Twiggs Vaughn Waddle Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Adams, Marvin Alexander, W. M. Atherton Berlin Bond Brantley, H. L. Brown, B. D. Brown, S. P. Buck Burruss Coleman Colwell Daugherty Davis, E. T. Dean, Gib Dent Dixon

Ezzard Floyd, J. H. Grab! Hamilton Harrington
Harrison Hill, B. L. Irvin, R. Irwin, J. R.
Jessup Lambert Larsen, G. K.
Lewis Mason Matthews, C. McCracken

McDaniell Morgan Noble Northcutt Pearce Peters Roach Savage Smith, J. R. Strickland Sweat Thomason Townsend Walker Williams Mr. Speaker

THURSDAY, FEBRUARY 22, 1973

1229

On the motion to reconsider, the ayes were 32, nays 99.

The motion was lost and the House refused to. reconsider its action on the adoption of HR 15-58.

Mr. Nessmith of the 76th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 245. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to provide that whenever any driver's license has been suspended or revoked pursuant to any provisions of any law, the holder of such license must have successfully completed a safe driving course to be prescribed by the Department of Public Safety; 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, J. H. Alexander, W. H. Bailey Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck Burton Carr Castleberry Chance Clark Cole Collins, M. Collins, S. Davis, W. Dean, Gib Dent Dorminy Edwards Evans

Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Groover Hamilton Harden Harris, J. F. Hawes Hill, B. L. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Johnson Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lowrey Matthews, D. R. Mauldin

McKinney
Miles Milford Moyer Mulherin Murphy Nessmith Patten, R. L. Patterson Pearce Petro Phillips, G. S. Pinkston Rainey Reaves Rogers Ross Rush Shanahan Shepherd Stephens Thompson Turner Waddle Walker Wheeler, Bobby Wilson, J. M. Wilson, M. L.

1230

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alien Beckham Brown, C. Busbee Carlisle Carrell Coney Connell Dean, N. Dickey Dollar Duke Elliott Ellis Gignilliat

Harris, J. R. Hays Hill, G.
Horton, W. L. Jones Knight Lee, W. J. (Bill) Lee, W. S. Levitas Marcus McDonald Mullinax Nix Odom Oxford Ritchie Roach

Russell, J. Russell, W. D. Sams Smith, J. R. Smith, V. B. Snow Toles Triplett Tucker Twiggs Wall Wamble Ware Wheeler, J. A. Whitmire Wood

Those not voting were Messrs.:

Alexander, W. M. Atherton Berlin Brown, S. P. Burruss Coleman Colwell Daugherty Davis, E. T. Dean, J. E. Dixon Egan Ezzard Far rar Grahl

Greer Harrington Harrison Howell Irvin, R. Irwin, J. R. Jessup Lambert Larsen, G. K. Lewis Logan Mason Matthews, C. McCracken McDaniell

Morgan Noble Northcutt Patten, G. C. Peters Phillips, L. L. Savage Strickland Sweat Thomason Townsend Vaughn Williams Willis Mr. Speaker

On the motion to reconsider, the ayes were 85, nays 50.

The motion was adopted, and HB 245 was reconsidered.

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

HB 441. By Messrs. Ware of the 65th, Wood of the 9th, Floyd of the 5th 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

THURSDAY, FEBRUARY 22, 1973

1231

Guard, so as to provide for the issuance of license plates free of charge to members of the National Guard; and for other purposes.

The following amendments were read and adopted:
Mr. Ware of the 65th moves to amend HB 441 by renumbering Sec tion 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. Each member of the National Guard shall be limited to one tag under the provisions of Section 1."
Messrs. King of the 85th, Dorminy of the 115th and Larsen of the 102nd move to amend HB 441 by adding after the word "cars" on line 24, page 1, the words: "or trucks used for personal transportation, pro vided each -member of the Georgia National Guard shall be entitled to no more than one such tag at a time."

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carr Castleberry Chance

Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Ellis Evans Floyd, L. R. Foster

Fraser Geisinger Gignilliat Grantham Hamilton Harden Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Hudson Hutchinson Irvin, J. Jessup Johnson Jones Keyton King Knight Kreeger Lambert

1232

JOURNAL OF THE HOUSE,

Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McKinney Moyer Mulherin Mullinax Murphy Nessmith Nix Oxford Patten, R. L.

Pearce Petro Phillips, G. S. Pinkston Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland

Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall
Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Bohannon Carlisle Carrell Farrar

Greer Groover Horton, W. L. Lee, W. S. Levitas

McDonald Patterson Ritchie

Those not voting were Messrs.:

Berlin Bond Brown, B. D. Burruss Daugherty Dean, J. E. Egan Ezzard Floyd, J. H. Grahl Harrington Harrison Howard

Howell Irvin, R. Irwin, J. R. Jordan Larsen, G. K. Lewis Mauldin McCracken McDaniell Miles Milford Morgan Noble

Northcutt Odom Patten, G. C. Peters Phillips, L. L. Rainey Savage Thomason Townsend Vaughn Williams Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 128, nays 13.

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

THURSDAY, FEBRUARY 22, 1973

1233

Messrs. Mauldin and Milford of the 13th stated that they had been called from the floor of the House when the roll call was ordered on the passage of HB 441, as amended, but had they been present would each have voted "aye".

HB 593. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend an Act concerning the secrecy required of employees of the Revenue Department to have access to tax information when working with data processing equipment wherein such information is stored; and for other purposes.

The report of the Committee, which was favorable 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.:

Adame, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell

Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Hamilton Harden Harris, J. F. Harris, J. R. Hawes Hays

Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Moyer

1234
Mulherin Mullinax Murphy Nessmith Nix Odom Oxford Patten,. R. L. Patterson Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers

JOURNAL OF THE HOUSE,

Ross Rush
Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens
Strickland Sweat Thomason Thompson Toles Townsend Triplett

Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Beckham Berlin Bond Brown, B. D. Buck Chance Dean, J. E. Ellis Ezzard Gignilliat Grahl Groover

Harrington Harrison Hill, B. L. Howard Irvin, R. Irwin, J. R. Larsen, G. K. Levitas Lewis Lowrey Matthews, C. McCracken Miles

Morgan
Noble Northcutt Patten, G. C. Pearce Peters Phillips, G. S. Rainey Russell, J. Shepherd Smith, J. R. Williams Mr. Speaker

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

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

HB 680. By Messrs. Mullinax of the 65th, Burton of the 47th, Grantham of the 127th and others:
A Bill to be entitled an Act to amend Code Title 114, relating to Workmen's Compensation, so as to redefine injury and personal injury; to change the provisions relative to coverage of employers and em ployees; and for other purposes.

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

THURSDAY, FEBRUARY 22, 1973

1235

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans

Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grantham Greer Hamilton Harrington Harris, J. F. Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Jessup Johnson Jones King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Moyer Mulherin Mullinax

Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Roach Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

1236

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Berlin Brantley, H. L. Buck Carrell Collins, M. Daugherty Farrar Geisinger Grahl Groover

Harden Harrison Hawes Irvin, J. Irvin, R. Irwin, J. R. Jordan Keyton Lewis McCracken

McDaniell Morgan Phillips, G. S. Rogers Savage Smith, J. R. Thomason Townsend Williams Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Due to mechanical failure, the vote of Mr. Ritchie of the llth was not re corded.
HB 427. By Messrs. Brantley of the 22nd and Shanahan of the 7th: A Bill to be entitled an Act to amend the "Fiduciary Investment Com pany Act", so as to permit and allow officers and directors of foreign trust institutions to serve as directors of fiduciary investment com panies; 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 "Fiduciary In vestment Company Act", approved March 20, 1970 (Ga. Laws 1970, p. 515), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 639), so as to redefine the term "supervisory agency"; to permit and allow officers and directors of foreign trust institutions to serve as di rectors of fiduciary investment companies; 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 "Fiduciary Investment Company Act", approved March 20, 1970 (Ga. Laws 1970, p. 515), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 639), is hereby amended by striking subsection (d) of Section 1 in its entirety and in serting in lieu thereof a new subsection (d) of Section 1, to read as follows:

THURSDAY, FEBRUARY 22, 1973

1237

"(d) The term 'supervisory agency' means the Department of Banking and Finance of the State of Georgia."

Section 2. 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. Trust institutions and foreign trust institutions as defined by this Act, acting in a fiduciary capacity and for fiduciary purposes, may, if exercising due care as a prudent investor, and with the consent of any co-fiduciary, invest and reinvest funds held in such fiduciary capacity in the shares of stock of one or more fiduciary investment companies, except where the will, trust in denture or other instrument under which such trust institution or foreign trust institution acts, prohibits such investment; provided the fiduciary investment company shall by its articles of incorpora tion issued and granted in conformity with the Georgia Business Corporation Code have and possess the corporate powers required by this Act and be subject to the limitations set forth by this Act; provided further, however, that no such trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company on behalf of any estate, trust or fund administered by such trust institution or foreign trust institution, a sum or amount which would result in such estate, trust or fund having a total in vestment in such stock in excess of the maximum amount or per centage that might be invested by such estate, trust or fund under the regulations of the supervisory agency in effect at the time of such investment, in any common trust fund having total assets equal to the total assets of the fiduciary investment company as in creased by the proposed investment and no trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company, if, immediately after such investment and as a consequence thereof, it would own more than 25 percent of the voting securities of such fiduciary investment company which would then be outstanding."
Section 3. Said Act is further amended by striking subsection (b) of Section 5 in its entirety and inserting in lieu thereof a new subsec tion (b) of Section 5, to read as follows:

"(b) A Fiduciary investment Company shall have no less than five directors who need not be shareholders, but shall be officers or directors of trust institutions or foreign trust institutions holding stock in such fiduciary investment company. Provided, however, no more than two directors shall be officers or directors of any one trust institution or foreign trust institution if the fiduciary in vestment company has been organized and incorporated by three or more trust institutions."
Section 4. Said Act is further amended by striking the last para graph of Section 5 in its entirety and inserting in lieu thereof a new last paragraph of Section 5, to read as follows:

"Every fiduciary investment company subject to the super vision and regulation of the Comptroller of the Currency of the

1238

JOURNAL OP THE HOUSE,

United States shall comply with all applicable rules and regula tions of that agency to the extent that such rules and regulations are in addition to or in conflict with rules and regulations promul gated by the supervisory agency."

Section 5. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows:

"Section 6. The supervisory agency shall have authority to adopt and issue reasonable and uniform rules and regulations to govern the conduct and management of all fiduciary investment companies. The supervisory agency may, whenever it may deem it necessary or expedient, examine every fiduciary investment com pany contemplated by this law except such fiduciary investment companies as are subject to regular examination by the Comp troller of the Currency of the United States or the Board of Gov ernors of the Federal Reserve System. On every such examination, the supervisory agency shall make inquiry as to its financial condi tion, the policies of its management, whether it is complying with the laws of Georgia, and such other matters as the supervisory agency may reasonably prescribe. In the enforcement of this Act and the restrictions and limitations imposed by their articles of incorporation and bylaws, the supervisory agency shall have the same powers and authority with respect to fiduciary investment companies as are conferred upon him by the laws of this State, with respect to State banks and trust companies to the same extent and in the same manner as if fiduciary investment companies were ex pressly named in Title 13 of the Code of Georgia, as amended."

Section 6. The amendments to the Fiduciary Investment Company Act, as amended, made by this Act shall apply to be effective with re spect to all such fiduciary investment companies now existing or here after incorporated.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H.

Alexander, W. M. Alien Atherton Bailey Bennett

Berry Bohannon Bond Bostick Brantley, H. H.

THURSDAY, FEBRUARY 22, 1973

1239

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Ellis Evans Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grantham Greer

Groover Hamilton Harden Harris, J. R. Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hutchinson Irvin, J. Irvin, R. Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Nix Noble

Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Willis Wilson, M. L. Wood

Voting in the negative was Mr. J. F. Harris.

Those not voting were Messrs.:

Beckham Berlin Blackshear Cole Coleman

Egan Ezzard Floyd, J. H. Grahl Harrington

Harrison Hawes Hill, G. Howard Hudson

1240
Irwin, J. R. Jessup Keyton Larsen, G. K. Lewis McCracken McDaniell

JOURNAL OF THE HOUSE,

Morgan Phillips, G. S. Phillips, L. L. Savage Smith, J. R. Strickland

Thomason Townsend Wheeler, Bobby Williams Wilson, J. M.. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to mechanical failure, the vote of Mr. Foster of the 6th was not recorded.

HB 27. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to amend an Act providing for additional investments for municipalities, counties, school districts and other local governmental units, so as to provide for additional investments in cer tificates of deposit of certain banks; and for other purposes.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance

Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

THURSDAY, FEBRUARY 22, 1973

1241

Dickey Dixon Dollar Dorminy
Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham
Greer Hamilton Harrington Harris, J. F. Harris, J. R. Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton

King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce

Peters Petro Phillips, G. S. Phillips, L. L.
Pinkston
Rainey Reaves Ritchie Roach Ross Rush
Russell, J. Russell, W. D.
Sams Shanahan Smith, V. B.
Snow Strickland Sweat Thompson
Toles Triplett Tucker Turner Twiggs Waddle Walker Wall
Wamble Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Wilson, J. M. Wilson, M. L.
Wood

Those not voting were Messrs.:

Alexander, W. M. Berlin Ezzard Gignilliat Grahl Groover Harden Harrison Hawes

Hill, B. L. Irwin, J. R. Lewis McCracken Morgan Rogers Savage Shepherd

Smith, J. R. Stephens Thomason Townsend Vaughn Williams Willis Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 0.

1242

JOURNAL OP THE HOUSE,

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

HB 249. By Messrs. Geisinger of the 44th, Brantley of the 22nd and Knight of the 65th:
A Bill to be entitled an Act to authorize the Economic Analysis Sec tion to acquire, construct, improve and operate water or sewerage treat ment facilities; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to authorize the Economic Analysis Section of the Division of Environmental Protection of the Department of Natural Resources to acquire, construct, improve and operate certain water or sewerage treatment facilities; to require the Section to estab lish certain short and long term economic needs in relation to the financing of water or sewerage treatment systems; to require the Sec tion to devise and administer a program of loans and grants to assist in the financing of water or sewerage treatment facilities; to require certain reports from the Section to the General Assembly; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In order to assist the political subdivisions, public cor porations and authorities of this State and the agencies and instru mentalities thereof, the Economic Analysis Section of the Division of Environmental Protection of the Department of Natural Resources shall determine the short and long term economic needs of such entities in relation to the financing of their water or sewerage treatment systems.
Section 2. The Economic Analysis Section of the Division of En vironmental Protection of the Department of Natural Resources shall be authorized to acquire, construct, add to, extend, improve, equip, maintain, operate and lease water or sewerage treatment facilities con structed and operated under this Act.
Section 3. The Section shall consult and advise with local govern ments and the agencies and instrumentalities thereof in order to assist such entities in the development of rate structures and user charges which will ensure the ability of such entities to meet the operating and capitalization costs of their water or sewerage treatment systems.
Section 4. The Section, as funds are made available for such pur poses, shall devise and administer a program of loans and grants to the political subdivisions, public corporations and authorities of this State

THURSDAY, FEBRUARY 22, 1973

1243

and their agencies and instrumentalities in order to assist such entities in meeting their water or sewerage treatment facility needs.

Section 5. The Section shall report annually to the State Plan ning and Community Affairs Committee of the House of Representa tives of the Georgia General Assembly the financial needs of the po litical subdivisions of this State, public corporations and authorities and the agencies and instrumentalities thereof, which have requested some form of State assistance under this Act.

Section 6. For the purpose of providing funds for loans to carry out the provisions of this Act, and in particularly Section 4, the State of Georgia may incur debt for loans over the five ensuing fiscal years, commencing with the 1973-74 fiscal year, not to exceed $100,000,000.

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 44th moves to amend the Committee substi tute to HB 249 by rewording Section 2, Line 24 to read as follows:
"and equip water and sewerage treatment facilities, and may maintain, operate and lease water and sewerage treatment facilities in the case of default.".

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Bailey Beckham Blackshear Bohannon Bond Bostick

Brantley, H. H. Bray Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Castleberry

Chance Clark Collins, S. Coney Connell Davis, W. Dean, Gib Dean, J. E. Dent

1244
Dixon Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Geisinger Gignilliat Grantham Greer Hamilton Harden Harris Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hutchinson Irvin, J. Irvin, R. Johnson

JOURNAL OF THE HOUSE,

Jordan Keyton Knight Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, D. R. McKinney Moyer Mulherin Mullinax Noble Northcutt Odom Patten, G. C. Patterson Petro Phillips, G. S. Phillips, L. L.

Rainey Roach Rogers
Ross Rush Sams Savage Shanahan Shepherd Smith, J. R. Snow Sweat Thomason Thompson Triplett Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, Bobby Willis Wilson, M. L.

Those voting in the negative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Atherton Bennett Berry Burruss Cole Coleman Collins, M. Davis, E. T. Dean, N. Dollar Dorminy Duke

Foster Harris, J. F. Hill, G. Howard Hudson Jessup King Kreeger Lane, W. J. Lowrey Mauldin McDonald
Miles Milford Murphy

Those not voting were Messrs.:

Alien Berlin Brantley, H. L. Brown, B. D. Buck Carrell Colwell

Daugherty Dickey Ezzard Floyd, J H. Fraser Grahl Groover

Nessmith Nix Oxford Patten, R. L. Pearce Peters Pinkston Reaves Russell, J. Smith, V. B. Stephens Toles Twiggs Wheeler, J. A. Wilson, J. M.
Harrington Harrison Irwin, J. R. Jones Larsen, W. W. Lewis Matthews, C.

McCracken McDaniell Morgan Ritchie

THURSDAY, FEBRUARY 22, 1973

1245

Russell, W. D. Strickland Townsend Wamble

Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 45.

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

HB 191. By Messrs. Keyton of the 121st, Collins and Matthews of the 122nd and others:
A Bill to be entitled an Act to provide that it shall be unlawful to display within motion picture theatres certain scenes to certain audiences; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham

1246

JOURNAL OF THE HOUSE,

Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes' Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nes smith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach

Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those not voting were Messrs. :

Berlin Buck Ezzard Grahl Harrison Horton, W. L.

Irwin, J. R. Levitas Lewis McCracken McDaniell Morgan

Phillips, G. S. Thomason Whitmire Williams Wood Mr. Speaker

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

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

HB 278. By Mr. Murphy of the 18th:
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 local

THURSDAY, FEBRUARY 22, 1973

1247

boards of education shall tender a new contract for the ensuing school year to every teacher on the payroll at the beginning of the preceding school year or notify the teacher they are not going to rehire 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berry Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Bavis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Gignilliat Grantham Groover Hamilton Harden Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton

King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro

1248
Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. B. Snow Strickland Sweat Thompson Toles Townsend Triplett Turner Twiggs Vaughn

Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs. Bennett and R. L. Patten.

Those not voting were Messrs.:

Berlin Bostick Brantley, H. L. Carr Collins, M. Egan Ezzard Fraser Geisinger

Grahl Greer Harrington Harrison Horton, W. L. Irvin, R. Irwin, J. R. Lewis McCracken

McDaniell Pinkston Ritchie Rush Stephens Thomason Tucker Williams Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 2.

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

HB 375. By Messrs. Dollar of the 63rd, Marcus of the 26th, Hawes of the 43rd and others:
A Bill to be entitled an Act to amend Code Section 74-111, relating to reports of cruel treatment of children, so as to include employees of local public school systems and the State Department of Education among those parties permitted to report cases of cruel treatment; and for other purposes.

The following amendments were read and adopted: Mr. King of the 85th moves to amend HB 375 as follows: Strike "sixteen" from line 1, page 2 and substitute "eighteen".

THURSDAY, FEBRUARY 22, 1973

1249

Mr. Lane of the 40th moves to amend HB 375 by adding on line 25 the following:

"county or municipal recreation personnel" between the word "Education" and the word "or".

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon
Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Horton, G. T. Horton, W. L.
Howard

Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Mauldin McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nix Noble Northcutt Odom

1250
Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross

JOURNAL OF THE HOUSE,

Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend
Triplett

Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L.
Wood

Those not voting were Messrs,:

Berlin Brantley, H. L. Carr Ezzard Grahl Harrison Hill, B. L.

Hill, G. Irvin, R. Irwin, J. R. Lewis Matthews, C. Matthews, D. R. McCracken

McDaniell Morgan Nessmith Rush Thomason Williams Mr. Speaker

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

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

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 79. By Messrs. Rush of the 104th and Jones of the 109th:
A Bill to be entitled an Act to provide minimum standards for detention facilities within this State; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide minimum standards for certain detention facilities within this State; to provide definitions; to provide sanitation and health standards; to provide for full-time jailers at

THURSDAY, FEBRUARY 22, 1973

1251

detention facilities; to provide for security measures; to provide for fire and health inspections; to provide for other matters relative thereto; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA.

Section 1. Definitions. In this Act, the following terms shall have the respective meanings listed in this Section unless the context clearly requires a different meaning:

(a) "detention facility" means a municipal or county jail used for the detention of prisoners charged with or convicted of either a felony, misdemeanor or municipal offense;

(b) "inmate" means a prisoner who is detained in a detention facility by reason of being charged with or convicted of a felony, misdemeanor or a municipal offense;

(c) "officer in charge" means the sheriff, if the detention facility is under his supervision, or the warden, captain or superintendent having the supervision of any other detention facility.

Section 2. Security, (a) It shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in such detention facility unless a full-time jailer is on duty at such detention facility at all times while a person is incarcerated therein.

(b) If the local governing authority having jurisdiction over the detention facility has knowledge of the operation of such facility with out a full-time jailer on duty while persons are incarcerated therein, each member of such local governing authority having such knowledge shall be in violation of the provisions of this Act.

(c) The officer in charge of every detention facility shall have the same inspected semiannually by an officer from the State Fire Marshal's office or an officer selected by the Safety Fire Commissioner of this State. Each detention facility shall be required to comply with the provisions of this Act relating to fire safety and the applicable rules and regulations promulgated by the Safety Fire Commissioner. The inspecting officer shall fill out a form provided by the officer in charge and said form shall be posted in a conspicuous place by the officer in charge, thereby evidencing inspection of such facility.

(d) There shall be at least two separate keys for all locks at a detention facility, with one set in use and all duplicate keys safely stored under the control of a jailer or other administrative employee for emergency use. All security personnel must be familiar with the locking system of the detention facility and must be able to immediately release inmates in the event of a fire or other emergency. Regular locking and unlocking of door and fire escape locks must be made to

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JOURNAL OF THE HOUSE,

determine if they are in good working order. Any damaged or nonfunctioning security equipment must be promptly repaired.

Section 3. Sanitation and Health, (a) All aspects of housing, food preparation and food service and other operations of a detention facility shall conform to the applicable standards of the Department of Human Resources.

(b) All inmates shall be given not less than two substantial and wholesome meals daily.

(c) Sanitation inspections of both facilities and inmates shall be made as frequently as is necessary to insure against the presence of unsanitary conditions; provided, however, that an official from the Department of Human Resources or an officer designated by the Com missioner of Human Resources shall inspect such facilities at least once a month. New inmates should be carefully classified, with adequate segregation and treatment given as needed.

(d) The officer in charge or his designated representative shall assure that each inmate is observed daily, and a physician shall be immediately called if there are indications of serious injury, wound or illness. The instructions of the physician shall be strictly carried out. Ill inmates shall be furnished such food as is prescribed by the attending physician.

Section 4. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 5. No detention facility covered by the provisions of this Act shall be operated after January 1, 1974, unless such detention facility is in compliance with the provisions of this Act.

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

The following amendment was read and adopted:
Mr. Dollar of the 63rd moves to amend the Committee substitute to HB 79 by inserting the following language between the words "knowledge" and "shall" on line 9 of page 2:
"and failing to attempt to correct such deficiency".
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.

THURSDAY, FEBRUARY 22, 1973

1253

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton
Bailey Bennett Berry Bohannon
Bond Bostick Brantley, H. H.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Clark Cole Coleman Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke

Edwards Elliott Ellis
Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Groover Hamilton
Harris, J. R. Hays Hill, G. Horton, G. T. Horton, W. L. Howell
Hudson Hutchinson Irvin, J. Jessup Johnson Jones Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Mason Matthews, C. Matthews, D. R. McKinney Miles Moyer Mulherin Mullinax Murphy

Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Turner Twiggs Vaughn Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, J. M. Wood

Those voting in the negative were Messrs. :

Mauldin McDonald

Milford

Wall

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JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Beckham Berlin Blackshear Brantley, H. L. Carrell Chance Collins, M. Coney Dean, J. E. E'gan Evans Ezzard Farrar Floyd, J. H. Grahl Greer

Harden Harrington Harris, J. F. Harrison Hawes Hill, B. L. Howard Irvin, R. Irwin, J. R. Jordan Lambert Larsen, G. K. Levitas Lewis Marcus McCracken

McDaniell Morgan Noble Northcutt Phillips, G. S. Pinkston Rogers Savage Townsend Tucker Wamble Williams Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 4.

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

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

HB 77. By Messrs. Lee, Johnson, Bailey and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to change the qualifications of the comptroller-administrative assistant; 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 Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended, so as to change the number of mem bers required for a quorum; to change the qualifications of the comp troller-administrative assistant; to change the minimum and maximum compensation which may be paid to the comptroller-administrative assistant; to change the duties and qualifications of the clerk; to create a Purchasing Department for Clayton County; to create the office of purchasing agent of Clayton County; to provide for the powers, duties, bond and compensation of the purchasing agent; to provide for pur-

THURSDAY, FEBRUARY 22, 1973

1255

chasing procedures; to provide for all other matters relative to the foregoing; to change the provisions relating to the employment of persons related to any member of the Board by blood or marriage; 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, is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4, to read as follows:

"Section 4. 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, provided all members shall have been notified at least three days in advance of such special meeting. Whenever any regular meeting of the Board shall fall on a holiday, the 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 three members of the Board shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official 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."

Section 2. Said Act is further amended by striking Section 10B in its entirety and inserting in lieu thereof a new Section 10B, to read as follows:

"Section 10B. The Board is hereby authorized to employ a comptroller-administrative assistant who shall be directly responsi ble to the Board. The comptroller-administrative assistant shall not be covered by any provisions of the Civil Service System of Clayton County. The comptroller-administrative assistant shall have a minimum of three years of general accounting experience with a recognized accounting firm or a degree in accounting from a recognized educational institution or three years' experience in accounting work for a federal, state, county or municipal agency. The compensation of the comptroller-administrative assistant shall be fixed by the Board but shall not be less than ten thousand dollars ($10,000.00) per annum nor more than sixteen thousand five hundred dollars ($16,500.00) per annum, payable in equal monthly installments from the funds of Clayton County. The comptroller-administrative assistant shall give a satisfactory surety bond approved by and payable to the ordinary of Clayton County or his successor in office and filed in the office of the ordinary in the sum of fifty thousand dollars ($50,000.00), conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Clayton County. The

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comptroller-administrative assistant shall provide administrative assistance for the Board and chairman and pursuant to resolutions adopted by the Board and instructions given by the chairman, he shall perform the duties enumerated as follows:

(a) Keep and maintain accurate records reflecting the financial affairs of the county.

(b) Compile the annual budget covering all county funds.

(c) Sign checks and disburse monthly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.

(d) Draw and sign all checks and warrants against county funds, countersigned by the chairman or vice-chairman, specify the account against which such funds are drawn and record same in a book which may be the stub of such checks and warrants showing the amount of each check or warrant, to whom payable and for what consideration.

(e) Maintain current accounts of the collection and deposit of monies due the county from taxes and other sources.

(f) Examine all claims against the county and make recom mendations as to payment.

(g) Maintain budgetary control accounts showing encum brances for obligations entered into, liquidating of such encum brances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations.

(h) Maintain proprietary accounts of the current assets and of the liabilities of all county funds.

(i) Prepare and issue monthly budgetary reports of the opera tions of all county funds.

(j) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the chairman and Board on financial matters.

(k) Perform such other duties as may be assigned by the chairman and/or Board.

(1) Conduct such internal audits of county funds as the Board of Commissioners may direct."

Section 3. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12, to read as follows:

THURSDAY, FEBRUARY 22, 1973

1257

"Section 12. The Board is hereby authorized to employ a clerk and an assistant clerk and fix their compensation. The clerk and assistant clerk shall serve at the pleasure of the Board. It shall be the duty of the clerk to attend all meetings of the Board and to record and maintain minutes of the proceedings in a book kept for that purpose. The clerk shall keep such office hours in the office of the Board at the courthouse as shall be designated by the Board. The clerk shall perform such other duties as may be required of him by the Board. The duties of the assistant clerk shall be the same as the clerk in the absence of the clerk from the county or in the event the clerk is incapacitated and cannot
perform the duties of his office."

Section 4. Said Act is further amended by striking Section 12B in its entirety and inserting in lieu thereof a new Section 12B, to read as follows:

"Section 12B. There is hereby created a Purchasing Depart ment for Clayton County. The Purchasing Department shall consist of a purchasing agent and such subordinate personnel as may be employed from time to time by the Board. The Board shall have general supervision of the Purchasing Department."

Section 5. Said Act is further amended by adding a new section, immediately following Section 12B, to be designated Section 12C, to read as follows:

"Section 12C. (a) There is hereby created the office of pur chasing agent of Clayton County. The Board is hereby authorized to employ a purchasing agent who shall be a full-time employee of Clayton County, eligible to come under the Clayton County Civil Service System, and who shall be compensated in equal monthly installments from the funds of Clayton County in an amount to be fixed by the Board. The purchasing agent shall devote his entire time to the duties of his office and shall keep such office hours as the Board shall designate. The purchasing agent shall give a surety bond, signed by a surety company, licensed to transact business in this State, to be approved by the ordinary of Clayton County, in the sum of twenty-five thousand dollars ($25,000.00), payable to the ordinary and his successors in office, and conditioned upon the satisfactory discharge of his duties in carrying out the conditions thereof, which bond may be sued upon in the name of the ordinary, either on his own motion or by direction of the grand jury of the county. The premium for the bond shall be paid from the funds of Clayton County.

(b) The purchasing agent shall have the following duties:

(1) to secure prices for materials and supplies of every kind and character required by the various departments of the county;

(2) to inspect materials and supplies purchased by the county to determine that the materials and supplies have been properly represented;

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(3) to determine that the prices paid for materials and supplies purchased by the county are the best that can be obtained in the local market or elsewhere;

(4) such other duties as the Board of Commissioners may from time to time prescribe.

(c) The purchasing agent shall have the authority to purchase materials and supplies on the open market where the purchase price does not exceed one thousand five hundred dollars ($1,500.00). If the purchase price exceed one thousand five hundred dollars ($1,500.00), the purchase may be made by the purchasing agent only after the prospective purchase has been advertised in the official county newspaper and approved by the Board of Com missioners.

(d) The purchasing agent shall maintain a permanent inven tory of all personal property of the county having a value of fifty dollars ($50.00) or more and charged to the various county depart ments. The purchasing agent shall annually inventory all of the property belonging to Clayton County in accordance with the provisions of Code Chapter 91-8, relating to an annual inventory of State and county property, as now or hereafter amended.

(e) The purchasing agent shall inspect, or supervise the in spection of, all deliveries of materials, supplies or contractual services to determine their conformance with the specifications set forth in the pertinent purchase order or contract. The purchasing agent may require chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are neces sary to determine quality of the samples and conformance with specifications.

(f) The purchasing agent shall keep himself informed of current developments in the field of purchasing, prices, market conditions and new products. The purchasing agent shall secure for the county the benefits of research conducted in the field of pur chasing by other governmental jurisdictions, national technical societies, trade associations having national recognition and by private businesses and organizations.

(g) The purchasing agent shall maintain a file of all qualified vendors who desire to do business with the county, which file shall be maintained according to the nature of goods and materials offered and shall contain a description of commodities sold by various vendors.

(h) The purchasing agent shall have the authority to join with other governmental units in cooperative purchasing plans when the best interests of the county would be served thereby.

(i) No officer or employee of the county shall make any purchase for or on behalf of the county of any material, goods, wares or supplies of any kind whatsoever except through the

THURSDAY, FEBRUARY 22, 1973

1259

purchasing agent. It shall be a breach of duty on the part of any officer or employee of the county to make any purchase, or to aid or abet the making of any purchase, in any manner other than through the purchasing agent. However, the provisions of this Section shall not apply to emergency purchases provided for in this Section.

(j) No officer or employee of the county shall request a vendor to deliver goods, merchandise, materials or supplies to the county except upon a regular purchase order issued by the pur chasing agent; however, the provisions of this subsection shall not apply to emergency purchases provided for in this Section.

(k) In all cases where there is an immediate need for any material or supplies, goods, wares or merchandise by any depart ment of the county, the department shall write on its requisition to the purchasing agent, the words, 'For Emergency Purposes'; and, when a requisition so marked is received by the purchasing agent, it shall be his duty to give his immediate attention to the requisition. In the event that an emergency should arise after office hours, which emergency requires immediate action on the part of the county department involved for the protection of the best interests of the county, or should such a situation arise on a Saturday, Sunday or holiday and where it is not possible or con venient to reach the purchasing agent, any necessary purchase shall be made by the county department for which the purchase is necessary. The purchase shall be reported to the purchasing agent without delay.
(1) The purchasing agent shall prepare written specifications that will best serve the interests of the using county departments and of the county. All specifications shall be definite, certain and shall permit free and open competition.

(m) In the purchase of all materials and supplies pursuant to this resolution, except for emergency purchases, the purchase shall be made within five (5) days from the time the requisition is given to the purchasing agent. During the period within which the purchase is to be made, the purchasing agent shall give compet ing vendors an opportunity to bid. Calls for bids shall be made by the purchasing agent in such a manner as will, in his discretion, enable free and open competition in bidding. In the event calls for bids are advertised in a newspaper, the advertisement shall be run two (2) times, unless otherwise provided, in the official newspaper of the county, as provided in Section 13 of this Act.

(n) It shall be the duty of the purchasing agent to make all purchases on competitive bids, except as otherwise expressly pro vided by this Section.

(o) All bids submitted for goods and materials to be sold to the county under the provisions of this Section shall be kept on file in the Purchasing Department. After an award has been made, the bids shall be subject to inspection at any time by any citizen of the county.

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(p) The purchasing agent shall have the authority to declare a vendor who defaults on his quotations to be an irresponsible bidder and to disqualify him from receiving any business from the county for a specified period of time.

(q) In all purchases where quality as well as price and service is involved, the purchasing agent shall exercise discretion in making a purchase so that the best interests of the county are served thereby.

(r) In all cases where brand name items are requisitioned by any department, the purchasing agent has the authority to determine whether similar products of equal quality offered for sale to the county at a lower price shall be ordered in lieu of the requisitioned brand name items.

(s) When it is deemed advisable to dispose of any personal property owned by the county and used by the various departments thereof, or to dispose of personal property under the supervision of the Board, the property shall be sold by the purchasing agent. The purchasing agent shall confer with the head of the department desiring to sell the property, with the object of getting the best possible price in making the sale. This Section shall not authorize the sale of county personal property without authorization therefor by a resolution of the Board, but, where a resolution has authorized the sale of county personal property, the sale shall be consummated by the purchasing agent in conformity with this Section.

(t) When any personal property owned by the county has become worn out, useless, has become junk or has been used to such an extent that it is advisable to dispose of it, the head of the department in charge of the property shall certify to the purchas ing agent that certain itemized property in the custody of the department is no longer useful in the service of the county. Upon such certification, the purchasing agent shall, at public sale, in his discretion, sell the unserviceable property and remit the proceeds from the sale to the county fiscal authority, crediting the depart ment from which the property was obtained with the amount of the proceeds. No sales of unserviceable county personal property shall be made by the purchasing agent under this subsection where other provisions of law provide for such sales, but this subsection shall apply to the sale of unserviceable county personal property where no other provision of law is applicable.

(u) All transfers of personal property from one department of the county to another and all property disposed of shall be reported to the Purchasing Department immediately.

(v) As used in this Section, the term 'materials and supplies' shall mean and include such items as are normally used or con sumed during the course of a year and for which a general ap propriation has been made; the term shall include the purchase of automotive equipment, machinery, construction contracts or other purchases of materials of a permanent or semipermanent nature.

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1261

(w) All contracts entered into by the Board of Commissioners of Clayton County shall be governed by the provisions of Code Chapter 23-17, relating to contracts by counties, as now or here after amended."

Section 6. 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. It shall be unlawful for any member of the Board, purchasing agent or the comptroller-administrative assistant of the Board to purchase warrants drawn on county funds, and it shall also be unlawful for any member of the Board, purchasing agent or the comptroller-administrative assistant of the Board to speculate in such warrants. It shall be unlawful for the Board to contract with any person related to any member of the Board by blood or marriage within the third degree for any material, equipment or supplies unless the same be upon competitive bid and the person so related submits the lowest bid therefor. All purchases of supplies and other materials in an amount in excess of one thousand five hundred dollars ($1,500.00) shall be by com petitive bids with advertisement of said purchases to be published in the official organ of Clayton County for two weeks, once a week before the date of the purchase. It shall be unlawful for any mem ber of the Board, purchasing agent or the comptroller-administra tive assistant of the Board to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies for Clayton County. Any person serving as a member of the Board, purchasing agent or as a comptroller-administrative assistant who violates any provision of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, and such person's place shall immediately be declared vacant."

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 68th moved that the House agree to the Senate substitute to HB 77.

On the motion, the ayes were 110, nays 0.

The motion prevailed and the Senate substitute to HB 77 was agreed to.

The Speaker announced the House recessed until 1:45 o'clock, P.M.

1262

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The House was called to order by the Speaker.

The Speaker Pro Tern assumed the chair.

Mr. Groover of the 75th arose to a point of personal privilege and addressed the House.

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

HR 76-251. By Messrs. Kreeger of the 21st, Howard of the 19th, Duke, Nix and McDaniell of the 20th and others:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Cobb Judicial Circuit; 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Atherton Bailey Bennett Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Carlisle

Carr Carrell
Castleberry Chance
Clark Cole Coleman Collins, S. Colwell Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dickey Dixon Dollar

Dorminy
Duke Edwards Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Groover Harden Harris, J. F. Harris, J. R.

THURSDAY, FEBRUARY 22, 1973

1263

Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson King Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C.

Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Nix Odom Oxford Patterson Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J.

Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Sweat Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Beckham.

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Alien Berlin Berry Blackshear Bostick Brantley, H. L. Buck Busbee
Collins, M.
Coney
Davis, W.
Dean, J. E.
Dent
Egan
Elliott
Ezzard
Fraser
Grahl
Hamilton

Harrington Harrison Hawes Hill, B. L. Hill, G. Horton, W. L. Irvin, R. Irwin, J. R. Jones Jordan
Keyton
Knight
Lambert
Lane, W. J.
Lewis
Matthews, D. R.
McCracken
Mulherin
Mullinax
Murphy
Nessmith

Northcutt Patten, G. C. Patten, R. L. Pearce Peters Phillips, G. S. Rainey Savage Shepherd Stephens
Strickland
Thomason
Thompson
Townsend
Triplett
Ware
Wheeler, Bobby
Williams
Willis
Mr. Speaker

On the adoption of the Resolution, the ayes were 116, nays 1.

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JOURNAL OF THE HOUSE,

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

HB 41. By Messrs. Hudson of the 115th and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Nursing Homes, so as to authorize the Board to establish, provide or approve various education programs or courses for nursing home administrators; and for other purposes.

An amendment offered by Mr. Adams of the 14th was read and lost.

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

On the passage of the Bill, the ayes were 92, nays 10.

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

Mr. Walker of the 46th wished to be recorded as voting "aye" on the passage of HB 41.

HB 197. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to local re tirement systems and service rendered in such local systems; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to change the provisions relative to local retirement systems and service rendered in such local systems; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1265

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by striking in its entirety the last unnumbered paragraph of subsection (5) of Section 4 and substituting in lieu thereof a new para graph to read as follows:

"A teacher having teaching service in a public school system operating a local retirement fund, who becomes a member of the Teachers' Retirement System by his entry into a school system not operating a local retirement fund, may establish creditable service for service rendered as a member of the local retirement fund if: (a) the teacher pays the member contributions that would have been paid to the Teachers' Retirement System, plus accrued interest thereon as determined by the Board of Trustees, and (b) either the teacher pays or the local board of education or local retirement fund pays the employer contributions which would have been paid during the service as a member of the local retirement fund plus accrued interest thereon as determined by the Board of Trustees. Upon retirement, a teacher having established creditable service for service rendered with a public school system operating a local re tirement fund, as provided herein, shall receive a retirement allow ance in accordance with the provisions of subsections (2), (3) or (5) of Section 5 of this Act. The payment to be made by such teacher shall be reduced by any employer contributions already collected by this system and in no case shall a member or a local board of education pay more than the total member and employer contributions and interest in effect at the time such service was rendered."

Section 2. Said Act is further amended by adding a new paragraph at the end of paragraph (c) of subsection (2) of Section 5 to read as follows:

"Provided, however, upon the service retirement of any teacher who is a member of a local retirement fund, and who qualifies for service retirement in accordance with paragraph (a) of subsection (1) of this Section, such local retirement fund shall receive a serv ice retirement pension on account of the creditable service of such teacher, in accordance with the provisions of Section 9 of this Act which shall consist of:

(i) A pension equal to the annuity which would have been pro vided at the date the teacher retired had he been a member of this system and had made contributions of five per centum of his earnable compensation payable from State funds, but not to exceed an annuity which would have been provided at age 65 computed on the basis of such accumulated contributions as would have been made prior to age 65, and

(ii) An additional pension equal to the annuity which would have been provided at the date the teacher retired if the teacher

1266

JOURNAL OF THE HOUSE,

had a prior service certificate in full force and effect, but the pension shall not exceed an annuity which would have been provided at age 65 based upon three times the amount of such teachers' prior service accumulations as of January 1, 1945, as heretofore defined, with regular interest thereon in effect from January 1, 1945, to the date of the retirement of the teacher or the date the teacher attained age 65, whichever comes first."

Section 3. Said Act is further amended by striking subsections (2) and (3) of Section 9 in their entirety and substituting in lieu thereof new subsections (2) and (3) to read as follows:

"(2) Should a member of the Teachers' Retirement System be come employed by a public school system operating a local retire ment fund, he shall cease to contribute to this system and he shall become subject to the provisions of the local retirement fund but he shall not lose his previously accrued creditable service in the State retirement system as long as he continues in the service of such employer. Upon application for retirement as required in paragraph (a) of subsection (1) of Section 5, such member shall qualify for service retirement on such creditable service that he has established previously with this system. Such retirement benefit shall be calculated under the provisions of paragraphs (a) and (b) of subsection (2) of Section 5."

"(3) Should a teacher in the service of a public school system operating a local retirement fund enter into the service of a public school system without a local retirement fund, he shall become a member of the Teachers' Retirement System and shall contribute to the State system while so employed and may obtain creditable serv ice for service rendered while a member of the local retirement fund in accordance with the provisions of the last paragraph of subsec tion (5) of Section 4 of this Act. If the teacher had left intact credits he previously established as a member of the Teachers' Retirement System prior to membership with the local system, such credits will be transferred to his current account with this retire ment system."

Section 4. Said Act is further amended by striking subsection (5) of Section 9 in its entirety and substituting in lieu thereof a new sub section (5) to read as follows:

"(5) If a majority of the teachers employed by a public school system operating a local retirement fund vote to discontinue the local retirement fund's coverage of teachers and the school system approves such discontinuance, the local retirement fund's coverage of teachers shall be discontinued as of a date to be set by the local board of education and the Board of Trustees of this system. In such event, the managing board of the local retirement fund shall pay to each teacher covered by the local retirement fund the amount, if any, which would have been payable under the local retirement fund as a withdrawal benefit had his employment terminated on the date of discontinuance of coverage of teachers under the local retirement fund. If the assets of the local funds are not sufficient to make the aforesaid payments in full to or in respect of all

THURSDAY, FEBRUARY 22, 1973

1667

teachers, the payments made shall be reduced in the ratio that the amounts of such assets bear to the total of such payments if made in full; or if a balance remains after making such payments in full to or in respect of all teachers, such balance shall be paid by the managing board of the local retirement fund to the local board of education. In order for the teachers in such local retirement fund to establish creditable service under this retirement system for service credited with such local retirement fund, the teachers must pay the member contributions that would have been paid to this retirement system, plus the accrued interest thereon as determined by the Board of Trustees, and the local board of education or the local retirement fund where the teachers are employed must pay the employer contributions, plus interest thereon, as determined by the Board of Trustees, necessary to bring the total member con tributions and employer contributions paid to this retirement sys tem to the amount that would have been paid to this system had the teachers been members of this system during the years to be credited. When a local retirement fund discontinues coverage of teachers, as provided herein, then such local board of education or local retirement fund shall accept and pay to the Board of Trustees of this retirement system such additional liability, as determined by the Board of Trustees, as being due after the payment of such member and employer contributions and accrued interest thereon. If such local board of education or local retirement fund fails to pay for such additional liability, then such additional liability shall be paid from funds appropriated or otherwise available to this re tirement system. Upon the discontinuance of any local retirement fund's coverage of teachers, as provided herein, the local retire ment fund shall become liable for and shall pay all pensions entered upon and in effect at the time the local retirement fund discontinues coverage of teachers."

Section 5. Said Act is further amended by striking in its entirety subsection (7) of Section 9.

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H.

Alien Atherton Bailey Beckham Berry

Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L.

1268
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Eraser Gignilliat Grantham Greer Groover Hamilton

JOURNAL OF THE HOUSE,

Harden Harris, J. F. Harris, J. R. Hays Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, R. L.

Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. G. S. Phillips.

Those not voting were Messrs.:

Alexander, W. M. Bennett Berlin

Bostick Carlisle Collins, S.

Dean, J. E. Dixon Geisinger

Grahl Harrington Harrison Hawes Hill, B. L. Howard Howell
Irvin, R.

THURSDAY, FEBRUARY 22, 1973

1269

Irwin, J. R. Jessup Johnson Keyton Lewis McCracken McDaniell

Murphy Northcutt Patten, G. C. Thomason Ware Williams Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 1.

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

HB 543. By Mr. Noble of the 48th: A Bill to be entitled an Act to amend an Act requiring safe construction and installation of boilers and pressure vessels, so as to exempt certain water heaters; and for other purposes.
The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Berry
Blackshear Bohannon Bond Bostick
Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C.

Brown, S. P. Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman
Collins, M. Coney Connell Daugherty
Davis, E. T. Davis, W. Dean, Gib
Dean, J. E. Dean, N.

Dent Dickey Dixon Dollar Duke Edwards Egan Ellis Evans Ezzard
Farrar Floyd, J. H. Floyd, L. R. Foster
Gignilliat Grahl Grantham
Greer Groover

1270
Hamilton Harden Harrington Harris, J. P. Harris, J. R. Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis

JOURNAL OF THE HOUSE,

Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Reaves

Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wood

Those voting in the negative were Messrs.: Colwell and Twiggs.

Those not voting were Messrs.:

Atherton Bennett Berlin Buck Burruss Carrell Collins, S. Dorminy Elliott Praser Geisinger Harrison

Hawes Hill, B. L. Howard Irwin, J. R. Kreeger Larsen, W. W. McCracken McDaniell Murphy Northcutt Patten, G. C. Phillips, L. L.

Rainey Roach Savage Thomason Townsend Vaughn Wamble Ware Williams Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 2.

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

THURSDAY, FEBRUARY 22, 1973

1271

HB 523. By Messrs. Alexander of the 39th and Brown of the 34th:
A Bill to be entitled an Act to prohibit discrimination in housing ac commodations based on race, color, sex, religion or national origin; and for other purposes.

Mr. Lane of the 40th moved that HB 523 be recommitted to the Committee on State Planning and Community Affairs for further study.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alien Atherton Bailey Beckham Bennett Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Burruss Burton Busbee
Carlisle
Castleberry
Chance
Cole
Collins, S.
Colwell
Connell
Davis, W.
Dixon
Dollar
Duke
Edwards
Ellis
Floyd, J. H.
Foster
Fraser
Geisinger
Gignilliat

Grahl Grantham Harden Harris, J. F. Hays ,Hill, G. Howard Howell Hudson Hutchinson Irvin, R. Jessup Johnson Jones King Knight
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Lowrey
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
Miles Morgan
Moyer
Mulherin

Mullinax Nessmith Nix Oxford Patten, R. L. Patterson Peters Petro Phillips, G. S. Reaves Ritchie Roach Rogers Ross Rush Russell, J.
Sams
Shanahan
Smith, J. R.
Smith, V. B.
Snow
Sweat
Thomason
Toles
Triplett
Tucker
Turner
Twiggs
Waddle
Walker
Ware
Wilson, J. M.
Wilson, M. L.

1272

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams, John Alexander, W. H. Alexander, W. M. Berry Blackshear Bond Brown, B. D. Buck Carr Clark Coleman Coney Daugherty Dean, J. E.

Dean, N. Dent Egan Evans Farrar Floyd, L. R. Greer Hamilton Harris, J. R. Hill, B. L. Horton, G. T. Horton, W. L. Irvin, J. McKinney

. Milford Odom Pearce Phillips, L. L. Pinkston Russell, W. D. Savage Stephens Strickland Thompson Wall Whitmire Willis
Wood

Those not voting were Messrs.:

Berlin Bray Brown, S. P. Carrell Collins, M. Davis, E. T. Dean, Gib Dickey Dorminy Elliott Ezzard Groover Harrington

Harrison Hawes Irwin, J. R. Jordan Keyton Larsen, G. K. Le vitas Lewis Logan Marcus McCracken McDonald

Murphy Northcutt Patten, G. C. Rainey Shepherd Townsend Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Williams Mr. Speaker

On the motion to recommit, the ayes were 100, nays 42.

The motion prevailed and HB 523 was recommitted to the Committee on State Planning and Community Affairs.

Due to mechanical failure, the vote of Mr. Noble of the 48th was not re corded.

Mr. Levitas of the 50th stated that he had been called from the floor of the House when the roll was called on the motion to recommit HB 523 but had he been present would have voted "nay".

HB 125. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th and others:
A Bill to be entitled an Act to repeal Section 59-705 of the Code of 1933 in its entirety; and to amend Code Chapter 59-7, relating to general

THURSDAY, FEBRUARY 22, 1973

1273

provisions relative to traverse juries, so as to provide for the challenge of jurors for favor; and for other purposes.

The following Committee amendment was read and adopted:

The House Judiciary Committee moves to amend HB 125 as follows:
By striking the word "jurors" from line 33, page 2, and substituting therefor the words "panel of jurors from which the jury is to be se lected" ;
By striking the words "a witness" from line 5, page 3 and substitut ing therefor the words:
"panel of jurors from which the jury is to be selected";
By striking the words "five minutes" from lines 6 and 7 of page 3 and substituting therefor the words:
"in the aggregate four hours by the State or four hours by the defendant."

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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Bennett Blackshear Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss

Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coney Connell Daugherty Davis, W. Dean, N. Dent Dickey Dixon

Dollar Duke Edwards Egan Ellis Evans Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grantham Greer Groover Hamilton Harden

1274
Harrington Harris, J. F. Harris, J. R. Hawes Hays Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey

JOURNAL OF THE HOUSE,

Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney
Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross

Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B.
Snow Stephens Strickland Sweat Toles Townsend Triplett Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bond Hill, B. L.

Petro

Those not voting were Messrs.:

Adams, G. D. Alexander, W. H. Atherton Berlin Berry Bostick Bray Brown, B. D. Carrell Coleman Collins, M. Collins, S. Colwell Davis, E. T. Dean, Gib Dean, J. E.

Dorminy Elliott Ezzard Farrar Geisinger Grahl Harrison Hill, G. Horton, G. T. Horton, W. L. Irvin, R. Irwin, J. R. Larsen, W. W. Lewis Marcus McCracken

Thompson
McDaniell Murphy Patten, G. C. Pearce Peters Rainey Rush Russell, W. D. Thomason Twiggs Wamble Wheeler, Bobby Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 129, nays 4.

THURSDAY, FEBRUARY 22, 1973

1275

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

HB 321. By Mr. Murphy of the 18th:
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 the Fiscal Di vision of the Department of Administrative Services shall replace the State Treasurer as a member of the Board and perform all the duties of the State Treasurer; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 100-1, relating to State depositories, as amended, so as to provide that the Director of the Fiscal Division of the Department of Administrative Services shall replace the State Treasurer as a member of the Board and perform all of the duties formerly discharged by the State Treasurer; to clarify the additional duties of the Board; to provide that bonds of State depositories shall have the same binding force and effect as public officers' bonds; to authorize the Director to contract with any State depository for the purpose of safekeeping securities deposited with the Director, to provide for the submission of monthly statements by depositories to certain of ficials; to repeal the provisions requiring tax collectors to deposit State funds in certain designated depositories; to repeal the provisions au thorizing the tax officers to deposit State funds directly into the State Treasury; to repeal the provisions relating to the bond of the State Treasurer; to provide for the investment of State funds by the Fiscal Division of the Department of Administrative Services during short periods of time in securities purchased under repurchase agreements with State depositories; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 100-1, relating to State Depositories, as amended, is hereby amended by striking Code Section 100-101 in its en tirety and inserting in lieu thereof a new Code Section 100-101, to read as follows:
"100-101. State Depository Board, creation, membership; nam ing and appointment of depositories. The State Depository Board (hereinafter referred to as the 'Board') is hereby created, consisting of the Governor, the Comptroller General, the State Auditor, the

1276

JOURNAL OF THE HOUSE,

Commissioner of Banking and Finance, the State Revenue Commis sioner, and the Director of the Fiscal Division, Department of Ad ministrative Services (hereinafter referred to as the 'Director') who shall act as administrative officer of the Board, a majority of whom shall constitute a quorum, and the acts of the majority of whom shall be the acts of the Board. The Board, in its discretion, may, from time to time, name and appoint as State depositories of State funds any bank or trust company which has its deposits in sured by the Federal Deposit Insurance Corporation."

Section 2. Said Code Chapter is further amended by striking Code Section 100-101.1 in its entirety and inserting in lieu thereof a new Code Section 100-101.1, to read as follows:

"100-101.1. State Depository Board; meetings; records and proceedings; policy for depositing State funds, (a) The Board shall meet at least once each thirty days. The records and pro ceedings of the Board shall be available for inspection by each member of the General Assembly. At the end of each quarter, the Board shall furnish to the Chairmen of the Senate and House Ap propriations Committees, the Chairman of the Senate Banking and Finance Committee and the Chairman of the House Banks and Banking Committee a list of all State time deposits, indicating the amount in each depository, the rates of interest contracted on such deposits, and the physical location of the depository.

(b) Compatible with the desirability of placing all State funds on deposit among State depositories and the necessity to maximize the protection of State funds on deposit, the policy to be followed by the Board shall be that there will accrue to the State an advan tageous yield of interest on its funds in excess of those required for current operating expenses, in accordance with sound business man agement practices."

Section 3. Said Code Chapter is further amended by striking Code Section 100-104 in its entirety and inserting in lieu thereof a new Code Section 100-104, to read as follows:

"100-104. Bonds of depositories; recording; amount, evidence. Said depositories shall, before entering upon the discharge of their duties, by their proper officers, execute bonds, with good and suf ficient securities, to be fixed and approved by the Governor. Said bonds shall be conditioned for the faithful performance of all such duties as shall be required of them by law, and for a faithful ac counting for the money or effects that may come into their hands during their continuance in office. Said bonds shall be filed and re corded in the executive office and copies thereof, certified by one of the Governor's secretaries under the seal of the Executive De partment, shall be received in evidence in lieu of the original in any of the courts, and said bonds shall have the same binding force and effect as public officers' bonds and, in case of default, shall be enforced in like manner. In determining the amount of the bond to be given by a depository under this Section, the Governor shall so fix the same as to make it not less than the amount of money

THURSDAY, FEBRUARY 22, 1973

1277

to be entrusted to said depository, and, in no case, shall a larger amount of money be deposited in any depository than the amount of the bond, and the Governor may, at any time, require additional bond, if necessary, to cover fully the amount deposited or intended to be deposited in such bank. The Board may, in its discretion, waive the requirement of such bond as to demand deposits in a depository."

Section 4. Said Code Chapter is further amended by striking Code Section 100-105 in its entirety and inserting in lieu thereof a new Code Section 100-105, to read as follows:

"100-105. Authority of Board to determine amounts to be de posited. The Board shall be authorized to determine, from time to time, in respect to all State funds, whether deposited by the Director or any other department or agency of the State Government, any and all of the following:

(a) the maximum amount of State money which may be de posited in a particular depository;

(b) the maximum and minimum proportion of State funds which may be maintained in a particular depository;

(c) the amount of State funds to be deposited in particular State depositories as time deposits, as hereinafter defined, and the periods of such deposits. Provided that all State depositories shall give security for State deposits as now required by law, but the Board may, in its discretion, not require that security be given in the case of special deposits and operating funds placed in demand deposit checking accounts."

Section 5. Said Code Chapter is further amended by striking Code Section 100-106 in its entirety and inserting in lieu thereof a new Code Section 100-106, to read as follows:

"100-106. State Depository Board to advise itself of financial condition of State depositories. It shall be the duty of the Board to keep itself advised, from time to time, of the financial condition of the various State depositories, as well as of the financial condi tion and standing of the securities on the bonds of such depositories, and if at any time the Board should become satisfied of the insol vency of any of the depositories, or that the affairs or any of said depositories are in an embarrassed condition, it shall be the duty of the Board to direct the Director to withdraw the money of the State from such depository. In case the Board should be advised of the insolvency of the securities on the bond of any of said de positories, it shall be the duty of the Director to notify such de pository to strengthen said bond, and if, at the end of ten days, said bond is not strengthened, it shall be the duty of the Board to direct the Director to withdraw the money of the State from such depository. In either event, the Board may also withdraw designa tion as a State depository."

1278

JOURNAL OF THE HOUSE,

Section 6. Said Code Chapter is further amended by striking Code Section 100-108 in its entirety and inserting in lieu thereof a new Code Section 100-108, to read as follows:

"100-108. State's deposit limited to amount of bond; securities in lieu of bond, (a) The Director cannot have on deposit at any one time in any of the depositories for a time longer than ten days, a sum of money belonging to the State under a contract with the depository providing for the payment of interest by a depository which has not given a bond to the State in the amount as determined by the Board. The bond to be given by State depositories, when such bonds are required, whether State or national banks, shall be a surety bond signed by a surety company duly qualified and au thorized to transact business within this State in a sum as so re quired. In lieu of such a surety bond, the State depository may de posit with the Director:

(1) bonds, bills, certificates of indebtedness, notes or other direct obligations of the United States or of this State; or

(2) bonds, bills, certificates of indebtedness, notes or other obligations of the counties or municipalities of this State; or

(3) bonds of any public authority created by the laws of this State, if the statute creating such authority provides that the bonds of such authority may be used for this purpose, and such bonds have been duly validated as provided by law, and as to which there has been no default in payment, either of principal or interest; or

(4) industrial revenue bonds or bonds of development authorities created by the laws of this State which have been duly validated as provided by law and as to which there has been no default in payment, either of principal or interest.

(5) A state depository may deposit with the Director bonds, bills, certificates of indebtedness, notes or other obligations of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to prin cipal and interest, and the guarantee of the Federal Deposit Insur ance Corporation shall be accepted as collateral by the Director to cover State funds on deposit in State depositories to the extent authorized by the Federal law governing the Federal Deposit In surance Corporation.

(b) A State depository may secure deposits made with it in part by surety bond and in part by deposit of any or all of the bonds above mentioned, or by either method. The Board may, however, determine that such security will be required only in case of time deposits under a contract providing for the payment of interest.

(c) The Director is authorized to contract with any bank, other than the State depository offering the security, for the purpose of safekeeping the securities deposited with the Director under this law."

THURSDAY, FEBRUARY 22, 1973

1279

Section 7. Said Code Chapter is further amended by striking Code Section 100-109 in its entirety and inserting in lieu thereof a new Code Section 100-109, to read as follows:

"100-109. Monthly statements by depositories. State deposi tories shall furnish to the State official having custody of the funds a monthly statement of demand accounts, and shall furnish to the responsible official or to the Board such other statements as may be requested relating to funds or transactions in custody of or caused by the agencies, bureaus, boards, commissions or depart ments of the State of Georgia."

Section 8. Said Code Chapter is further amended by striking Code Section 100-112, relating to the payment of State funds by tax col lectors into certain designated depositories, in its entirety.

Section 9. Said Code Chapter is further amended by striking Code Section 100-113, relating to the authorization of tax officers to deposit State funds directly into the State Treasury, in its entirety.

Section 10. Said Code Chapter is further amended by striking Code Section 100-114, relating to the bond of the State Treasurer, in its entirety.

Section 11. Said Code Chapter is further amended by striking Code Section 100-116 in its entirety and inserting in lieu thereof a new Code Section 100-116, to read as follows:

"100-116. Director's duty as to deposits. The Director shall hereafter deposit all State moneys in compliance with the determina tion of the Board as to the maximum amount and proportion of de posits in particular depositories."

Section 12. Said Code Chapter is further amended by striking Code Section 100-117 in its entirety and inserting in lieu thereof a new Code Section 100-117, to read as follows:

"100-117. Requirement that funds be invested; interest yield; other investments; reports to Board. All demand funds held by any department, board, bureau or other agency of the State shall be deposited in state depositories, and such funds that are in excess of requirements for current operating expenses shall be so placed under time deposit agreements by the Director conforming to interest con tracts then having current approval of the Board made pursuant to Code Section 100-103, as now or hereafter amended, and any funds not so deposited or placed under time deposit agreements shall be subject to immediate withdrawal on order of the Director when directed by the Board. The Board may permit any department, board, bureau, or other agency to invest funds collected directly by that department, board, bureau or agency in short-term time deposit agreements, provided the interest income of those funds are re mitted to the Director as revenues of the State.

1280

JOURNAL OP THE HOUSE,

All departments, boards, bureaus and other agencies of the State shall report to the Board, on such forms and at such times as the Board may prescribe, such information as the Board may reasonably require concerning deposits and withdrawals pursuant to this Section as shall enable the Board to determine compliance with this Section. Interest earned on State funds withdrawn from the treasury of the Fiscal Division, Department of Administrative Services, on approved budgets, shall be remitted to the Fiscal Di vision, Department of Administrative Services, by each department, . board, bureau or agency and placed in the general fund. The Board may permit the Director to invest in securities which can be de posited by a State depository, in accord with this law, in lieu of a surety bond. These obligations, upon approval by the Board, shall be purchased under repurchase agreements whereby the seller, which shall be an approved State depository, agrees to repurchase the obligation at an established price within not less than five days and not more than fifteen days from the date of the agreement. At no time shall such repurchase agreements constitute more than twenty percent of the total time and demand accounts maintained by the Director."

Section 13. Said Code Chapter is further amended by striking Code Section 100-118 in its entirety and inserting in lieu thereof a new Code Section 100-118, to read as follows:

"100-118. Reports by Director. The Director, as administrative officer of the Board, shall furnish to the Governor and the Board such information and reports relating to funds held on demand accounts and as investments, estimates of treasury receipts and withdrawals and interest earned on investments as may be necessary or helpful to said Board in the administration of its duties hereunder."

Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Harris of the 51st moves to amend the Committee substitute to HB 321 as follows:
1. By adding at the end of the language quoted as Code Section 100-101 in Section 1 of said bill the following:
"The Board may also name and appoint as state depositories of state funds any building and loan association or federal savings and loan association which has its deposits insured by the Federal Sav ings and Loan Insurance Corporation."

THURSDAY, FEBRUARY 22, 1973

1281

The Committee substitute, 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, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Carlisle
Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke Edwards
Egan

Ellis Evans Ezzard Floyd, J. H. Foster Fraser Geisinger Gignilliat Greer Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G.
Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson

1282
Toles Townsend Triplett Tucker Turner Twiggs

JOURNAL OF THE HOUSE,

Waddle Walker Wall Wamble Ware Wheeler, Bobby

Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative were Messrs.:

Berry

Miles

Pearce

Those not voting were Messrs.:

Atherton Beckham Berlin Blackshear Brantley, H. L. Bray Buck Busbee Daugherty Davis, W. Dean, Gib Dorminy

Elliott Farrar Floyd, L. R. Grahl Grantham Groover Hamilton Harrison Hill, B. L. Howell Irwin, J. R. Larsen, W. W.

Lewis Logan McCracken Murphy Patten, G. C. Rush Russell, W. D. Thomason Vaughn Williams Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 3.

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

Mr. Harris of the 51st moved that HB 321, by substitute, as amended, be ordered immediately transmitted to the Senate.

The motion prevailed.

HB 380. By Messrs. Colwell of the 4th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the

THURSDAY, FEBRUARY 22, 1973

1283

State Board of Corrections, so as to provide that prisoners shall receive certain benefits on release except as otherwise provided and to provide the manner to implement the 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Davis, E. T. Dean, J. E. Dean, N. Dent Dickey

Dollar Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Gei singer Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R.
Johnson Jones Jordan Keyton King Knight Kreeger

Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas
Logan Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin McKinney Miles Milford
Moyer Mulherin Mullinax Nessmith
Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce
Peters Petro Phillips, G. S. Phillips, L. L.
Pinkston
Rainey Reaves Ritchie Roach

1284
Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow

JOURNAL OF THE HOUSE,

Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle

Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Dixon.

Those not voting were Messrs.:

Beckham Berlin Blackshear Bray Buck Collins, S. Daugherty Davis, W. Dean, Gib
Dorminy

Farrar Hamilton Harrison Hill, B. L. Horton, W. L. Hutchinson Irwin, J. R. Lewis McCracken
McDaniell

McDonald Morgan Murphy Northcutt Russell, W. D. Thomason Vaughn Wamble Williams
Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 1.

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

HB 425. By Messrs. Brown, Berlin and Evans of the 89th: A Bill to be entitled an Act to authorize the use of video recording equipment for the purpose of recording and preserving testimony; and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee amends HB 425 as follows: by adding between the word "recording" and the word "equipment"
on lines 1 and 6 the following: "and audio recording"

THURSDAY, FEBRUARY 22, 1973

1285

by adding at the end of Section 1 the following:

"The requirement of proving the conditions set forth in Numbers (1) through (5) of this section shall be abrogated if the video and audio recordings are sealed with the original of the tape or other substance on which the material is recorded is sealed, certified and delivered to the court in which the case is pending, or the court which issued the order allowing the taking of said testimony, all in accordance with the procedures set forth by law, for the taking and use of depositions for discovery and use at trial.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S.

Colwell
Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden

Harrington Harris, J. F. Harris, J. R. Hawes Hays Horton, G. T. Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald

1286
McEinney Miles Milford Morgan Mover Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, K. L. Patterson Pearce Peters Petro Phillips, L. L.

JOURNAL OP THE HOUSE,

Pinkston Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles

Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, G. D. Atherton Berlin Blackshear Buck
Dorminy Farrar Harrison Hill, B. L.

Hill, G. Horton, W. L. Howard Irvin, R. Irwin, J. R. Levitas Lewis Logan McCracken

McDaniell Murphy Phillips, G. S. Rainey Rush Smith, J. R. Thomason Williams Mr. Speaker

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

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.
HB 353. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st: A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law", so as to authorize the expansion of extension of facilities under certain conditions; and for other purposes.

The following Committee amendment was read and adopted:

THURSDAY, FEBRUARY 22, 1973

1287

The Committee on Banks and Banking moves to amend House Bill No. 353 as follows:

(1) Delete Lines 115 thru 125 (Page 3, Lines 15 thru 25) and insert in lieu thereof the following:

"13-411. Examination of Corporation or Persons Affiliated with Banks, (a) For the purpose of determining the condition of any bank and information concerning it, the Department may require reports and perform examinations of an affiliate of any bank to the same extent that it may require reports and examine the bank under this Code Title and may at any time examine a person or corporation performing bank services for the bank as defined in subsection (c) of this Section.

(b) As used in this Code Section, 'Affiliate' shall mean a person or corporation which controls, is controlled by, or is under common control with, any bank subject to the provisions of this Code Title.

(c) As used in this Code Section, 'bank services' shall mean clerical, bookkeeping, accounting, statistical and other functions of the type covered by the Bank Service Corporation Act (12 U.S.C. 1861), and Section 13-2023 (g) of this Code Title.

(2) On Line 86 (Page 2, Line 26) change the word "one" to "two" and change "(100)" to "(200)."

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 106, nays 0.

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

HB 678. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend Code Section 108-421, relating to certain authorized investments, so as to provide that certain obliga tions of farm credit institutions shall constitute valid investments for certain institutions; and for other purposes.

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

1288

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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton
Bailey Beckham Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke
Edwards
Egan
Elliot*
Ellis

Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lowrey Marcus Mason
Matthews, D. R.
Mauldin
McDonald
McKinney

Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie
Roach Rogers Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware
Wheeler, J. A.
Whitmire
Wilson, J. M.
Wood

THURSDAY, FEBRUARY 22, 1973

1289

Those not voting were Messrs.:

Alexander, W. M. Bennett Berlin Brantley, H. H. Buck Dean, Gib Dean, J. E. Harrison Hill, G. Irwin, J. R. Keyton

Lane, W. J. Levitas Lewis Logan Matthews, C. McCracken McDaniell Murphy Northcutt Rainey Ross

Smith, J. R. Stephens Strickland Sweat Thomason Vaughn Wheeler, Bobby Williams Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

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

HB 605. By Messrs. Moyer of the 99th, Ware of the 65th, Hays of the 1st and others:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to provide for the issuance of permanent honorary hunting licenses to certain disabled veterans; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Berry Blackshear Bohannon Bond Bostick

Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Burruss Burton Carlisle Carr Carrell Castleberry Chance Clark Cole

Collins, M. Colwell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan

1290
Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan King Knight

JOURNAL OF THE HOUSE,

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Mason Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L.

Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Sweat Thompson
Toles
Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Wilson, J. M. Wood

Those not voting were Messrs.:

Alexander, W. M. Beckham
Bennett Berlin Bray Brown, B. D. Buck Busbee Coleman Collins, S.
Coney Connell Dean, Gib Dean, J. E.

Dickey Ezzard Greer Harrison
Horton, W. L. Howard Irwin, J. R. Keyton Larsen, W. W. Lewis Logan Matthews, C.
Matthews, D. R.

McCracken McDaniell Northcutt Smith, J. R. Stephens
Strickland Thomason
Wall Wheeler, Bobby
Williams Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 140, nays 0.

THURSDAY, FEBRUARY 22, 1973

1291

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

HB 92. By Messrs. Savage of the 30th, Horton of the 56th, Hudson of the 115th and others:
A Bill to be entitled an Act to amend Code Title 84, relating to professions, businesses and trades, so as to change the provisions relating to expenses and per diem allowances of the Board of Dental Examiners; and for other purposes.

The following Committee amendment was read and adopted:
The Health and Ecology Committee moves to amend HB 92 as follows:
By striking from lines 27 through 30 of page 4 the following:
"All money received in excess of the expenses ordered to be paid under the provisions of this Chapter shall be held by the State Treasurer as a special fund for meeting the expenses of the board."

An amendment, offered by Mr. Horton of the 56th, was read and lost.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Atherton Bailey Beckham Berry Blackshear Bond Bray Brown, C. Brown, S. P. Burruss

Burton Busbee Clark Cole Coleman Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon

Dollar Dorminy Duke Egan Elliott Ellis Evans Farrar Floyd, J. H. Fraser Grantham Groover Hamilton Harden Harrington

1292
Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

JOURNAL OF THE HOUSE,

Le vitas Lowrey Mason Matthews, C. Matthews, D. R. McDonald McKinney Morgan Moyer Nessmith Noble Odom Oxford Patten, R. L. Pearce Peters Petro Rainey Reaves Ritchie Roach Rogers Russell, J.

Russell, W. D. Sams Savage Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson
Toles
Townsend Tucker Turner Twiggs Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Carlisle Foster Gignilliat King

Mauldin Miles Milford Patterson

Phillips, G. S. Triplett Wall

Those not voting were Messrs.:

Alexander, W. M. Alien Bennett Berlin Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Carr Carrell Castleberry Chance Collins, M. Collins, S. Dean, Gib Dean, J. E.

Edwards Ezzard Floyd, L. R. Geisinger Grahl
Greer Harrison
Hill, G. Howell Irwin, J. R.
Jones Larsen, G. K. Lewis Logan Marcus McCracken McDaniell Mulherin

Mullinax Murphy Nix Northcutt Patten, G. C. Phillips, L. L. Pinkston
Ross Rush Shanahan
Stephens Strickland Thomason
Vaughn Ware Williams Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 115, nays 11.

THURSDAY, FEBRUARY 22, 1973

1293

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

HB 4. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to qualifications and residence requirements of applicants for the Bar Examination, so as to provide that students who are enrolled in the last 2 quarters or the last semester of nationally accredited law schools shall be eligible to stand the Bar examination; and for other purposes.

The following amendment was read:

Mr. Horton of the 56th moves to amend HB 4 as follows:
By striking the words "nationally accredited law schools" as found in the caption, lines 6 and 7 and as found in lines 21 and 22 and by substituting the following words:
"law schools whose graduates are otherwise eligible".
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, J. H. Atherton Beckham Bohannon Bond Bostick Brown, B. D. Burruss Burton Busbee Castleberry Chance Coleman Collins, S. Daugherty Davis, E. T. Dean, N. Dent Dixon Dollar

Dorminy Duke Ellis Farrar Floyd, J. H. Floyd, L. R. Geisinger Greer Hamilton Harris, J. F. Hill, G. Horton, W. L. Howard Hudson Keyton King Kreeger Lane, Dick Lane, W. J.

Miles Moyer Nessmith Nix Noble Patterson Peters Petro Phillips, G. S. Ritchie Sams Savage Smith, V. B. Sweat Thompson Walker Wall Wheeler, Bobby Wilson, J. M.

1294

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H.
Alien Bailey Berry Brown, C. Brown, S. P. Carlisle Carrell Clark Connell Dickey Egan Elliott Evans Foster Fraser Gignilliat Grantham Harrington

Harris, J. R. Hawes Hays Horton, G. T. Hutchinson Jessup Johnson Jones Jordan Knight Lambert Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Mason Matthews, C. Mauldin McDonald Milford

Morgan Mullinax Odom Patten, R. L. Pearce Roach Rush
Russell, J. Russell, W. D. Shanahan Smith, J. R. Snow Stephens Toles Triplett Tucker Turner Waddle Wamble Wood

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Bennett Berlin Blackshear Brantley, H. H. Brantley, H. L. Bray Buck
Carr
Cole
Collins, M.
Colwell
Coney
Davis, W.
Dean, Gib
Dean, J. E.
Edwards
Ezzard
Grahl

Groover Harden Harrison Hill, B. L. Howell Irvin, J. Irvin, R. Irwin, J. R. Larsen, G. K,
Larsen, W. W.
Lewis
Marcus
Matthews, D. R.
McCracken
McDaniell
McKinney
Mulherin
Murphy
Northcutt
Oxford

Patten, G. C. Phillips, L. L. Pinkston Rainey Reaves Rogers Ross Shepherd Strickland
Thomason
Townsend
Twiggs
Vaughn
Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Mr. Speaker

On the adoption of the amendment, the ayes were 58, nays 62.

The amendment was lost.

THURSDAY, FEBRUARY 22, 1973

1295

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H.
Alien Bailey Beckham
Berry Bohannon Bond Bostick Brown, B. D.
Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Parrar Floyd, J. H.

Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson
Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Mason Matthews, C. McDonald Miles Morgan Moyer

Mullinax Nessmith Nix Noble Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Whitmire Wood

Those voting in the negative were Messrs.:

Atherton Burruss

Dixon Fraser

Mauldin Wilson, J. M.

1296

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Bennett Berlin Blackshear Brantley, H. H. Brantley, H. L. Bray Buck Clark Collins, M. Colwell Dean, Gib Dean, J. E. Ezzard Grahl

Groover Harrison Horton, G. T. Irvin, J. Irvin, R. Irwin, J. R. Lane, W. J. Larsen, G. K. Lewis Marcus Matthews, D. R. McCracken McDaniell McKinney Milford Mulherin

Murphy Northcutt Patten, G. C. Reaves Rogers Shepherd Strickland Thomason Townsend Vaughn Ware Wheeler, J. A. Williams Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 126, nays 6.

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

Mr. Horton of the 56th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 4.

HB 264. By Messrs. Burruss of the 21st, Egan of the 25th, Levitas of the 50th and others: A Bill to be entitled an Act to provide for the regulation of the sale of securities; to provide that certain practices shall be unlawful; and for other purposes.
By unanimous consent, further consideration of HB 264 was postponed until February 23, 1973, immediately after the period of unanimous consents.

The following Bill of the House, having been placed on the General Calendar for the purpose of considering the unfavorable report of the Committee on Industrial Relations thereon, was taken up for consideration.

HB 213. By Messrs. Stephens of the 37th and Murphy of the 18th:
A Bill to be entitled an Act to amend the "Fire Fighters' Mediation Act", so as to change the definition of the term "fire fighter"; and for other purposes.

THURSDAY, FEBRUARY 22, 1973

1297

Mr. Stephens of the 37th moved that the House disagree to the unfavorable report of the Committee on Industrial Relations.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Bailey Bennett Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke Edwards Elliott Ellis Evans

Floyd, J. H.

Floyd, L. R.

Foster

Fraser

Geisinger

Gignilliat

Grahl

Grantham

Greer

Groover

Harden

Harrington

Harris, J. F.

Harris, J. R.

Hawes

Hays

Hill, G.

Horton, G. T.

Howard

Howell

Hudson

Hutchinson

Irvin, J.

Irvin, R.

Jessup

Johnson

Jones

Keyton

Knight

Kreeger

Lambert

Lane, Dick

Lane, W. J.

Larsen, G. K.

Larsen, W. W.

Lee, W. J. (Bill)

Lee, W. S.

Lowrey

Marcus

'r

Mason

Matthews, C.

Matthews, D. R.

Mauldin

McDonald

McKinney

Miles

Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt
Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie
Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland
Sweat Thompson Toles Townsend Triplett Turner Waddle Walker Wall Wamble Ware

1298
Wheeler, Bobby Wheeler, J. A. Whitmire

JOURNAL OF THE HOUSE,

Willis Wilson, J. M.

Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Beckham Berlin Blackshear Bray Buck Colwell Daugherty Dean, Gib Dorminy Egan Ezzard

Farrar Hamilton Harrison Hill, B. L. Horton, W. L. Irwin, J. R. Jordan King Levitas Lewis Logan McCracken

McDaniell Murphy Rainey Smith, J. R. Thomason Tucker Twiggs Vaughn Williams Mr. Speaker

On the motion, the ayes were 145, nays 0.

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

The motion prevailed and the House disagreed to the unfavorable Committee Report on HB 213.
By unanimous consent, HB 213 was recommitted to the Committee on In dustrial Relations for further study.
The following Resolution of the House, having been placed on the General Calendar for the purpose of considering the unfavorable report of the Committee on State of Republic thereon, was taken up for consideration:

HR 83-280. By Mr. Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to pro vide for a unicameral legislature; and for other purposes.

Mr. Wall of the 61st moved that the House disagree to the unfavorable report of the Committee on State of Republic.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 22, 1973

1299

Those voting in the affirmative were Messrs. Bostick and Wall.

Those voting in the negative were Messrs.:

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Bohannon Bond Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Dean, N. Dent Dixon Dollar Dorminy Duke Egan Elliott Ellis Evans

Farrar Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDonald

McKinney Miles Milford Morgan Moyer Mullinax Nessmith Nix Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rogers Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Triplett Tucker Turner Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Adams, G. D. Berlin Blackshear

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

Coleman Collins, S. Davis, W.

1300
Dean, Gib Dean, J. E. Dickey Edwards Ezzard Floyd, J. H. Floyd, L. R. Greer Harrington Harrison Hill, B. L. Horton, W. L. Howell Irwin, J. R.

JOURNAL OF THE HOUSE,

Johnson Larsen, G. K. Lewis Marcus McCracken McDaniell Mulherin Murphy Northcutt Odom Patten, G. C. Pinkston Rainey

Ross Rush
Savage Strickland Toles Townsend Twiggs Vaughn Ware Williams Willis
Wood Mr. Speaker

On the motion, the ayes were 2, nays 127.

The motion was lost and the House agreed to the unfavorable report of the Committee on State of Republic on HR 83-280.

Due to mechanical failure, the votes of Messrs. Noble of the 48th and Shep herd of the 28th were not recorded.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 24. By Mr. Alexander of the 38th:
A Bill to be entitled an Act to amend Code Section 34A-1204, relating to the time for opening and closing polls in primaries and elections; so as to change the time for closing the polls; and for other purposes.

Mr. Jones of the lllth moved that HB 24 and all amendments thereto be placed upon the table.

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

Those voting in the affirmative were Messrs.:

Adams, J. H. Adams, John Adams, Marvin Alien

Bailey Beckham Berry Bohannon

Brown, C. Busbee Carlisle Castleberry

Chance Cole Coleman Collins, M. Connell Davis, E. T. Dean, N. Dixon Dollar Dorminy Duke Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grantham Harrington Harris, J. F. Hays

THURSDAY, FEBRUARY 22, 1973

1301

Hill, G. ^Howard
Hudson Jones King Knight Kreeger Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Mason Matthews, C. Mauldin Moyer Mullinax Nessmith Nix Odom Oxford

Patterson Pearce Peters Petro Rainey Reaves Rush Russell, J. Sams Shanahan Smith, J. R. Smith, V. B. Snow Sweat Toles Triplett Tucker Waddle Walker Wall Wheeler, Bobby Wood

Those voting in the negative were Messrs. :

Alexander, W. H. Atherton Blackshear Bond Bostick Brown, B. D. Brown, S. P. Burruss Burton Carrell Clark _Collins, S. Daugherty Dent Dickey Egan Elliot*

Evans Geisinger Greer Hamilton Harris, J. R. Hawes Hill, B. L. Horton, G. T. ~~Hutchinson Irvin, J. Irvin, R. Johnson Jordan Keyton Le vitas Matthews, D. R.

McDonald McKinney Miles Morgan Patten, R. L. Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Russell, W. D. Savage Stephens Turner Wamble Wilson, J. M.

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Bennett, J. T. Berlin
Brantley, H. H. Brantley, H. L. Bray Buck

Carr Colwell
Coney Davis, W.
Dean, Gib Dean, J. E. Edwards Ezzard

Grahl Groover Harden Harrison Horton, W. L. Howell Irwin, J. R. Jessup

1302
Lambert Lane, W. J. Larsen, G. K. Lewis Marcus McCracken McDaniell Milford Mulherin

JOURNAL OF THE HOUSE,

Murphy Northcutt Patten, G. C. Rogers Ross Strickland Thomason Thompson Townsend

Twiggs Vaughn Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Mr. Speaker

On the motion, the ayes were 78, nays 49.

The motion prevailed and HB 24 was placed upon the table.
Due to mechanical failure, the votes of Messrs. Noble of the 48th and Shep herd of the 28th were not recorded.
Mr. Berlin of the 89th requested that the following appear in the Journal:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
February 15, 1973
To: Honorable Geo. L. Smith II
I hereby request a leave of absence from my official duties as a member of the House of Representatives, District 89, Post 6 on the 22nd and 23rd of February, 1973 as I will be acting as an arbitrator of a dispute in Tallahassee, Florida. Said arbitration will be under the auspices of the American Arbitration Association.
/a/ Robert A. Berlin Approved:
/a/ Geo. L. Smith II Filed in Clerk's Office
/a/ Glenn W. Ellard Clerk 2/16/73
Leave of absence was granted to Mr. Williams of the 9th for this day in order that he might attend to pressing personal business.
Mr. Connell of the 80th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 9:30 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 23, 1973

1303

Representative Hall, Atlanta, Georgia Friday, February 23, 1973

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. H. F. Shepherd, Pastor, Greater Travelers Rest Baptist Church, Atlanta, Georgia:
Almighty God, the Giver of all true thoughts and the Rewarder of all who diligently seek Thee, visit us, we beseech Thee, in this hour and place. Dispel the clouds of doubt and distrust and direct our attention to the things which are spiritual and eternal. Unite us with those who have sought Thee in trouble and have been delivered. Grant that in our communing together and with Thee that our hearts rejoice together in Thy Spirit. May we be appreciative of purity, justice and all other holy things. May we fear only that which is hateful in Thine eyes. Help us to yield ourselves unto Thee that Thy peace may com pletely possess our souls. Thank You for devine love and the blessings which You seek to bestow upon us, one by one and all together.
We pray in the Name of our Lord Jesus Christ,
AMEN.

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

Mr. Mauldin of the 13th, Chairman of the Committee on 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.

1304

JOURNAL OF THE HOUSE,

4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

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

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

HB ^97. By Mr. Hudson of the 115th:
A Bill to be entitled an Act to amend Code Section 93-211, relating to domicile and office of the Public Service Commission, so as to change the domicile of the Public Service Commission in cases of judicial review of orders involving utilities not serving Fulton County; and for other purposes.
Referred to the Committee on Industry.

HB 898. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Proprietary School Act", so as to provide that any flight school which holds a current Federal Air Agency Certificate issued by the Federal Aviation Agency only shall be exempt from the provisions of the Act; and for other purposes.
Referred to the Committee on Industry.

HB 899. By Mr. Elliott of the 49th:
A Bill to be entitled an Act to provide for laws regulating the operation of bicycles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 900. By Messrs. Wilson of the 19th, Kreeger of the 21st, Duke and Nix of the 20th, Howard and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to require the Chairman and all Commissioners to vote in order to take official action on a zoning matter; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

FRIDAY, FEBRUARY 23, 1973

1305

HB 901. By Messrs. Brown, Pinkston, Evans, Coney and Dickey of the 89th:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 902. By Mr. Hill of the 110th:
A Bill to be entitled an Act to amend the "Georgia Minimum Wage Law", so as to increase the minimum wage; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 903. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to provide for concurrent jurisdiction in the juvenile court and superior court over certain con flicting laws; and for other purposes.
Referred to the Committee on Human Relations.

HB 904. By Messrs. Knight, Mullinax and Ware of the 65th:
A Bill to be entitled an Act to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, so as to provide that all misdemeanants and felons under the age of 17 shall be sentenced into the custody of the Division for Children and Youth of the State Department of Family and Children Services; and for other purposes.
Referred to the Committee on Human Relations.

HB 905. By Messrs. Sams of the 83rd, Beckham of the 82nd, Miles of the 79th, Mulherin of the 81st and Dent of the 78th:
A Bill to be entitled an Act to amend an Act relating to public educa tion within Richmond County, so as to provide that the County Board of Education shall have the right to retain an attorney to advise and represent said County Board of Education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 906. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to implement the constitutional amendment creating the Catoosa County Development Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1306

JOURNAL OF THE HOUSE,

HB 907. By Messrs. Egan of the 25th, Lee of the 114th, Lane of the 40th, Odom of the 114th, Wilson of the 19th, Howard of the 19th, Kreeger of the 21st, Burton of the 47th, Horton of the 56th, Elliott of the 49th and Marcus of the 26th:
A Bill to be entitled an Act to provide that a member of any State board, bureau, commission or authority which is charged with the responsibility of appointing the commissioner, director or chief execu tive officer by whatever name known, shall not be eligible to be appointed chief executive officer while a member of such board; and for other purposes.
Referred to the Committee on Rules.

HB 908. By Mr. Grahl of the 88th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Valley, so as to change the provisions relative to the chairman and members of the utilities commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 909. By Mr. Knight of the 65th: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Southern Growth Policies Agreement"; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HR 230-909. By Messrs. Evans of the 89th and Atherton of the 19th: A Resolution proposing an amendment to the Constitutional so as to authorize the General Assembly to expand the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 910. By Messrs. Levitas of the 50th, Geisinger of the 44th, Davis of the 56th, Elliott of the 59th and Harris of the 51st: 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.
By unanimous consent, the following Bills of the House and Senate were read the second time:

FRIDAY, FEBRUARY 23, 1973

1307

HB 859. By Mr. Toles of the 16th:
A Bill to be entitled an Act to assure academic freedom by requiring the teaching and presentation of special creation in public schools if the theory of evolution is taught; and for other purposes.

HB 860. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to provide for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by the terms of a contract of suretyship; and for other purposes.

HB 861. By Mr. Wilson of the 19th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to require disclosure of interests in real estate; and for other purposes.
HB 862. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 49-313, relating to the resignation of guardians, so as to provide for the appointment of a successor guardian by the ordinary under certain conditions in the event of the death of a duly appointed guardian; and for other pur poses.
HB 863. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, so as to provide that the ordinary of the county may appoint a successor guardian under certain conditions; and for other purposes.

HB 864. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to transfer additional functions from the Public Service Commission to the Department of Public Safety as pertains to safety regulations of drivers of motor carriers, and the establish ment of inspection criteria for the regulations of vehicle and driver safety; and for other purposes.

HB 865. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend an Act to amend an Act creating a Board of Commissioners of Hancock County, so as to provide that

1308

JOURNAL OF THE HOUSE,

it shall be the duty of the Board of Commissioners of Hancock County to have annual audits conducted of the financial affairs, books and records of Hancock County; and for other purposes.

HB 866. By Mr. Lambert of the 97th: A Bill to be entitled an Act to amend an Act incorporating the offices of Tax Receiver and Tax Collector of Hancock County, so as to change compensation of the tax commissioner; and for other purposes.
HB 867. By Mr. Lambert of the 97th: A Bill to be entitled an Act to amend an Act placing the sheriff, ordinary and clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation; to authorize the sheriff to appoint a chief deputy and three other deputies; and for other purposes.
HB 868. By Mr. Lambert of the 97th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Hancock County, so as to prohibit the employment of county police by the County Commissioners of Hancock County; and for other purposes.
HB 869. By Mr. Ross of the 72nd: A Bill to be entitled an Act to require protective wheel flaps on those motor vehicles under the jurisdiction of the Public Service Commission; and for other purposes.
HB 870. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend an Act known as the "Georgia Scenic Trails Act", so as to authorize and direct the Georgia Depart ment of Transportation to construct bicycle trails in this State; and for other purposes.
HB 871. By Messrs. McDonald of the 12th and Brantley of the 22nd: A Bill to be entitled an Act to amend the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licensees for the sale of distilled spirits or alcoholic beverages shall not be subject to the prohibitions of said Act; and for other purposes.
HR 209-871. By Messrs. Savage of the 30th, Stephens of the 37th, Hudson of the 115th, Grantham of the 127th and Hill of the 41st: A Resolution proposing an amendment to the Constitution so as to repeal the provision that there shall be exempt from all ad valorem

FRIDAY, FEBRUARY 23, 1973

1309

intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State; and for other purposes.

HB 872. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said city; and for other purposes.

HB 873. By Messrs. Ware and Mullinax of the 65th:
A Bill to be entitled an Act to provide that a head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his household without any requirement to be licensed for such purpose; to provide that there shall be no excise tax on such wine; and for other purposes.

HB 874. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Houston County, so as to change the compensation provisions relating to the members of the board of commissioners; and for other purposes.

HR 210-874. By Messrs. Waddle of the 98th, Moyer of the 99th and Walker of the 100th:
A Resolution proposing an amendment to the Constitution so as to authorize and empower the governing authority of Houston County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business in any area of Houston County outside the incorporated limits of municipalities; and for other purposes.

HB 875. 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 increase the salary of the clerk of the superior court; and for other purposes.

HB 876. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Catoosa County, so as to increase the clerical assistance allowance; and for other purposes.

1310

JOURNAL OF THE HOUSE,

HB 877. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.

HB 878. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for hospitalization insurance for county employees; and for other purposes.

HB 879. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City; and for other purposes.

HB 880. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to provide additional deputies for the sheriff; and for other purposes.

HB 881. By Mr. Milford of the 13th:
A Bill to be entitled an Act to amend an Act regulating traffic on streets and highways, so as to change the provisions relating to the making of accident reports by the individual and law enforcement agencies; and for other purposes.

HB 882. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said city; and for other purposes.

HB 883. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation", so as to increase the compensation of said Ordinary; and for other purposes.

HB 884. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend "An Act to consolidate the offices of Tax Receiver and Tax Collector of Upson County into the office of Tax Commissioner of Upson County; and for other purposes.

FRIDAY, FEBRUARY 23, 1973

1311

HB 885. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend "An Act to place the Sheriff of Upson County upon an annual salary in lieu of the fee system of compensation", so as to increase and fix the maximum compensation of the Chief Deputy Sheriff of Upson County; and for other purposes.

HB 886. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend Code Section 50-103, providing how habeas corpus petitions must be verified and to whom presented, so as to provide that habeas corpus petitions in criminal cases may be presented to the court of ordinary except where the court does not have the trial jurisdiction or where the person's liberty is being restrained; and for other purposes.

HB 887. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to create the Lowndes County Water and Sewerage Authority; and for other purposes.

HB 888. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to repeal an Act creating the Lowndes County Utilities Authority; and for other purposes.

HB 889. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax commissioner and ordinary of Cherokee County on a salary system in lieu of fees, so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers; and for other purposes.

HB 890. By Messrs. Howard of the 19th, Nix and Duke of the 20th, Kreeger of the 21st and McDaniell of the 20th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the Judge of the Cobb Juvenile Court, so as to change the compensation of said judge; and for other purposes.

HB 891. By Messrs. Nix of the 20th, Hays and Snow of the 1st, McDaniell of the 20th and Howard of the 19th:
A Bill to be entitled an Act to annually impose an annual motor vehicle registration fee not to exceed $5.00; and for other purposes.

1312

JOURNAL OF THE HOUSE,

HB 892. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers; and for other purposes.

HB 893. By Messrs. Hill of the 110th and Bond of the 32nd:
A Bill to be entitled an Act to amend Code Section 88-1201.1 relating to rules and regulations for tests for Phenylketonuria and Sickle Cell Anemia and Sickle Cell Trait, so as to provide that such rules and regulations for tests shall require such tests to be made before children begin attending public schools; and for other purposes.

HB 894. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the provisions relating to the compensation of the Sheriff; and for other purposes.

HB 895. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Lowndes County, so as to change the meeting date of the Board; and for other purposes.

HB 896. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to change the compensation of the coroner in certain counties of this State (population of not less than 55,110 and not more than 58,000) in lieu of all fees and other emoluments; and for other purposes.

SB 107. By Senator Fincher of the 54th:
A Bill to be entitled an Act to amend the "Georgia Anatomical Gift Act" relating to the gift of all or a part of the human body after death so as to provide a definition of death; and for other purposes.

SB 176. By Senators Fincher of the 54th, Brown of the 47th and Langford of the 51st:
A Bill to be entitled an Act to provide additional identification and re porting procedures for abused children; to provide a new Code Section 74-111 so as to include teachers, school administrators, child care per sonnel and law enforcement personnel as persons required to report; and for other purposes.

FRIDAY, FEBRUARY 23, 1973

1313

SB 177. By Senators Fincher of the 54th, Brown of the 47th and Langford of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to provide that the Department, pf Human Resources may provide financial assistance to families adopting certain children; and for other purposes.

Mr. Matthews of the 122nd District, Chairman of the Committee on Agri culture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under con sideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 201. Do Pass, by Substitute.
HB 607. Do Pass.
Respectfully submitted, Matthews of the 122nd, Chairman.

Mr. Williams of the 9th 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 833. Do Pass.
HB 612. Do Pass.
HB 613. Do Pass.
HB 355. Do Pass, by Substitute.
Respectfully submitted, Kreeger of the 21st, Secretary.

1314

JOURNAL OF THE HOUSE,

Mr. Brown of the 67th 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 instruced me to report the same back to the House with the following recommendations:

HB 370. Do Pass, by Substitute.

HB 469. Do Not Pass.

HB 472. Do Not Pass.

HB 562. Do Not Pass.

HB 650. Do Pass.

Respectfully submitted, Brown of the 67th, Chairman.

Mr. Vaughn of the 57th 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 140. Do Pass.
SR 53. Do Pass.
SR 33. Do Pass.
SB 130. Do Pass.
Respectfully submitted, Vaughn of the 57th, Chairman.

FRIDAY, FEBRUARY 23, 1973

1315

Mr. Smith of the 74th District, Chairman of the Committee on Motor Ve hicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 424. Do Pass.

HB 466. Do Pass.

HB 611. Do Pass.

HB 630. Do Pass.

Respectfully submitted, Smith of the 74th, Chairman.

Mr. Rainey of the 115th District, Chairman of the Committee on Recreation, submitted the following report:

Mr. Speaker:

Your Committee on Recreation 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 188. Do Pass, as Amended.

HB 444. Do Pass.

HB 799. Do Pass.

HB 189. Do Pass, as Amended.

Respectfully submitted, Peters of the 2nd, Vice-Chairman.

Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement, has had under consideration the following

1316

JOURNAL OP THE HOUSE,

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

HB 87. Do Pass, by Substitute.

HB 318. Do Pass, by Substitute.

HB 346. Do Pass, by Substitute.

Respectfully submitted, Buck of the 87th, Chairman.

Mr. Busbee of the 114th 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 the House and has instructed me to report the same back to the House with the following recommendation:
HB 644. Do Pass.
Respectfully submitted, Busbee of the 114th, Chairman.

Mr. Roach of the 8th District, Chairman of the Committee on Special Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 384. Do Pass.
Respectfully submitted, Roach of the 8th, Chairman.

FRIDAY, FEBRUARY 23, 1973

1317

Mr. Wamble of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 693. Do Pass.

HB 697. Do Pass.

HB 750. Do Pass.

HB 806. Do Pass.

HB

84. Do Pass, by Substitute.

HR 147-568. Do Pass.

HR 171-642. Do Pass.

HR 208-855. Do Pass.

Respectfully submitted, Wamble of the 120th, Chairman.

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & 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 439. Do Pass, as amended.
HB 731. Do Pass.
HB 747. Do Pass.
Respectfully submitted, Knight of the 50th, Secretary.

1318

JOURNAL OP THE HOUSE,

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation) 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 519. Do Pass.

HB 570. Do Pass.

HB 590. Do Pass.

HB 663. Do Pass.

HB 664. Do Pass.

HB 665. Do Pass.

HB 714. Do Pass.

HB 716. Do Pass.

HB 717. Do Pass.

HB 718. Do Pass.

HB 719. Do Pass.

HB 721. Do Pass.

HB 722. Do Pass.

HB 726. Do Pass.

HB 727. Do Pass. HB 729. Do Pass. HB 732. Do Pass. HB 733. Do Pass. HB 738. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

FRIDAY, FEBRUARY 23, 1973

1319

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

HB 519. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Burke County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

The report 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 560. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act amending Code Section 21-105, relating to fees paid coroners, so as to change the certain popu lation figures; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 570. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to provide for the filling of vacancies in the offices of ordinary, clerk of the superior court and sheriff in certain counties of this State (population not less than 65,500 and not more than 73,500); and for other purposes.

The report 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.

1320

JOURNAL OF THE HOUSE,

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

HB 590. By Messrs. Snow and Hays of the 1st and Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the number of councilmen; to provide for the appointment of the city clerk, treasurer and 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 663. By Mr. Fraser of the 117th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary, so as to change the compensation of the Clerk of the Superior Court and the compensation of the assistant to 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 664. By Mr. Fraser of the 117th: A Bill to be entitled an Act to amend an Act incorporating the City of Darien, so as to change the compenstaion of the mayor and members of the 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 105, nays 0.

FRIDAY, FEBRUARY 23, 1973

1321

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

HB 665. By Mr. Fraser of the 117th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Ordinary of Mclntosh County and providing in lieu thereof an annual salary, so as to change the compensation of the Ordi nary of Mclntosh County and providing in lieu thereof an annual salary, so as to change the compensation 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 ayes were 105, nays 0.

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

HB 714. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Taliaferro 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 716. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act fixing the compensation of the commissioner of roads and revenues of certain counties of this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

1322

JOURNAL OF THE HOUSE,

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

HB 717. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act fixing the compensation of the county treasurer of certain counties of this State; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 718. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to repeal an Act increasing the compensa tion of tax commissioners of certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 719. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to repeal an Act placing the ordinaries of certain counties on a salary system 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FEIDAY, FEBRUARY 23, 1973

1323

HB 721. By Messrs. Thompson of the 86th, Pearce and Buck of the 87th and others:
A Bill to be entitled an Act to ratify, confirm, and authorize the sale, of a certain tract or parcel of land in the City of Columbus; to remove the restriction "for cemetery purposes only"; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 722. By Messrs. Pearce of the 87th, Berry and Thompson of the 86th and others:
A Bill to be entitled an Act to amend an Act abolishing the justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in Columbus, so as to change the provisions relative to the compensation for the deputy marshal(s) and to change the provisions relative to costs; and for other purposes.

The report 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 726. By Messrs. Dollar of the 63rd, and Bohannon and Patterson of the 64th: 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 relative to the compensation of the clerk, ordinary, sheriff and 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.

1324

JOURNAL OP THE HOUSE,

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

HB 727. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Douglas County, so as to change the compensation and expenses allowance 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 105, nays 0.

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

HB 729. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th and others:
A Bill to be entitled an Act to amend "An Act to create and organize commissioners of Chatham County, who shall be ex officio judges to define their jurisdiction and duties", so as to change the provisions relative to the compensation of the commissioners and ex officio judges; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 732. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the Sheriff of Cook County, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners; and for other purposes.

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

FRIDAY, FEBRUARY 23, 1973

1325

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 733. By Messrs. Patten and Bostick of the 123rd: A Bill to be entitled an Act to amend an Act changing the mode of compensation of the Clerk of the Superior Court, the Ordinary and the Tax Commissioner of Cook County, so as to provide that all fees, costs or other emoluments of the Tax Commissioner shall become the property of the 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 738. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating the State Court of Sumter 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 105, 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 by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit:

1326

JOURNAL OF THE HOUSE,

SR 62. By Senator Kidd of the 25th:
A Resolution to authorize the lease or conveyance of certain land in Baldwin County.

SR 63. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County.

HR 212. By Messrs. Buck of the 87th, Murphy of the 18th, Smith of the 91st, and others:
A Resolution commending the Criminal Law Study committee.

HR 213. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, King of the 85th, and others:
A Resolution to mourn the death of, and pay respect to Mayor J. R. Alien of Columbus.

SR 64. By Senator Salter of the 17th:
A Resolution authorizing the conveyance of certain State-owned real property located in Butts County.

SR 81. By Senator Hill of the 29th: A Resolution authorizing the lease of certain real property located in Meriwether County, Georgia.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 218. By Messrs. Snow and Hays of the 1st and Floyd of the 5th:
A Bill to amend an Act creating the Bade County Water Authority, so as to change the provisions relative to the appointment and terms of office of members of the authority.

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

FRIDAY, FEBRUARY 23, 1973

1327

SB 19. By Senator Kidd of the 25th:
A Bill to provide for the protection of explosion or panic caused from the fear of fire in new and existing buildings used for the purposes such as medical or other treatment for persons suffering from illness or infirmity and for the aged.

SB 260. By Senator McDuffie of the 19th:
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 U.S. and a resident of Georgia.

SB 267. By Senator London of the 50th:
A Bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to redefine injury and personal injury; to change the provisions relative to coverage of employers and employees.

HB 12. By Messrs. Snow of the 1st, Hawes of the 43rd, Lee of the 114th, and others:
A Bill to amend Code Title 26, the Criminal Code of Georgia, so as to provide that a jury shall not return a verdict of punishment by death in cases against a defendant convicted of murder except under certain circumstances.

HB 137. By Messrs. Matthews and Logan of the 62nd, Ross of the 72nd, Lane of the 76th and others:
A Bill to amend an Act entitled "Executive Reorganization Act of 1972", so as to provide that the Board of Regents of the University System of Georgia shall be exempt from the provisions of said Act.

HB 163. By Messrs. Ware of the 65th, Strickland of the 116th, Knight of the 65th and others:
A Bill to amend Code Section 92-1403, relating to the levy of a motor fuel tax and exemptions therefrom, so as to provide that motor fuels other than gasoline, when purchased under certain conditions for nonhighway purposes, shall not be subject to the motor fuel tax.

HB 169. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, and others:
A Bill to amend Code section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be used for school lunch and extra-curricular athletic and band pur poses.

1328

JOURNAL OP THE HOUSE,

HB 354. By Messrs. Williams of the 9th, Pinkston of the 89th, and Kreeger of the 21st, and others:
A Bill to amend an Act known as "The Building and Loan Act", so as to provide that no court shall grant a new charter to any State-chartered association nor any renewals or amendments to any existing charters of any State-chartered association without the prior written approval of the Georgia Building & Loan Commissioner.

HB 364. By Mr. Farrar of the 52nd:
A Bill to amend Code Section 32-911, relating to the immunization of school children to their admission to public schools, so as to provide for a certain period of time within which a parent or guardian of a school child and school officials may secure the required immunization without violating the provisions of said section.

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

HB 352. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st and others:
A Bill to amend Code Section 109-302, relating to powers of corporations chartered by superior courts, so as to provide that any corporation may act in a limited fiduciary capacity with the approval of the Com missioner of Banking and Finance.

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

SB 30. By Senators Webb of the llth and London of the 50th: A Bill to create a Judicial Council of the State of Georgia.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 389. By Messrs. Brown, Dickey, and Berlin of the 98th, and others: A Bill to provide that the salary of the District Attorney of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Peach and Crawford Counties.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

FRIDAY, FEBRUARY 23, 1973

1329

SB 249. By Senator Reynolds of the 48th:
A Bill authorizing the Department of Transportation to establish and administer grant programs for the betterment of mass transportation systems and facilities throughout the State.

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

SB 19. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the protection of life from smoke, fire, explosion or panic caused from the fear of fire in new and existing buildings used for the purposes such as medical or other treat ment for persons suffering from illness or infirmity and for the aged; and for other purposes.
Referred to the Committee on Human Relations.

SB 30. By Senators Webb of the llth and London of the 50th:
A Bill to be entitled an Act to create a Judicial Council of the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

SR 62. By Senator Kidd of the 25th:
A Resolution to authorize the lease or conveyance of certain land in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 63. By Senator Kidd of the 25th:
A Resoltuion authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 64. By Senator Salter of the 17th:
A Resolution authorizing the conveyance of certain State-owned real property located in Butts County; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 81. By Senator Hill of the 29th:
A Resolution authorizing the lease of certain real property located in Meriwether County, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

1330

JOURNAL OF THE HOUSE,

SB 249. By Senator Reynolds of the 48th:
A Bill to be entitled an Act authorizing the Department of Transporta tion to establish and administer grant programs for the betterment of mass transportation systems and facilities throughout the State; and for other purposes.
Referred to the Committee on Highways.

SB 260. By Senator McDuffie of the 19th:
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 for other purposes.
Referred to the Committee on Temperance.

SB 267. By Senator London of the 50th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to redefine injury and personal injury; to change the provisions relative to coverage of employers and employees; and for other purposes.
Referred to the Committee on Industrial Relations.

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

HR 147-568. By Messrs. Hill of the 41st and Smith of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution 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 dollars ($2,000.00); to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park who are 65 years of age or older with an annual income of four thousand dollars ($4,000.00) or less, exclusive of Social Security beenfits, in an amount of four thousand dollars ($4,000.00); to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY 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:

FRIDAY, FEBRUARY 23, 1973

1331

"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 on'y 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 dollars ($2,000.00) of its value.

A homestead of each resident 65 years of age or older with an annual income of four thousand dollars ($4,000.00) or less ex clusive of Social Security benefits, of the City of College Park actually occupied by the owner primarily as such, is hereby ex empted from all City ad valorem taxes, except taxes levied by said City for the payment of interest and retirement of bonded indebt edness, in an amount of four thousand dollars ($4,000.00) of its value."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of College Park in an amount of two
( ) NO thousand dollars ($2,000.00) for resident homeowners under the age of 65 and in an amount of four thousand dollars ($4,000.00) 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 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, J. H. Adams, John

Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Bailey

1332
Beckham Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray . Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Evans Farrar Floyd, J. H. Floyd, L. R. Geisinger Grahl Grantham Greer Groover

JOURNAL OP THE HOUSE,

Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith
Nix

Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. D. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Bennett Brantley, H. H. Carr Collins, S. Colwell Daugherty

Dean, J. E. Edwards Elliott Ellis Ezzard Foster

Fraser Gignilliat Hamilton Horton, W. L. Irvin, R. Irwin, J. R.

FRIDAY, FEBRUARY 23, 1973

1333

Keyton Kreeger Levitas Lewis Matthews, D. R.

McCracken Patten, G. C. Rainey Rush Shepherd

Thomason Tucker Twiggs Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 146, nays 0.

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

HR 171-642. By Mr. Walker of the 100th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption of the City of Perry for persons over 65 years of age and to increase the maximum allowable income of such persons from a homestead exemption of $2,000.00 and maximum allowable in come of $4,000.00 to a homestead exemption of $4,000.00 and a maximum allowable income of $6,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:
"The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $2,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is de fined by Georgia law, from all sources, including any federal oldage, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes."
and inserting in lieu thereof the following paragraph:
"The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all

1334

JOURNAL OP THE HOUSE,

ad valorem taxes levied by such city in the amount of $4,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is de fined by Georgia law, from all sources, including any federal oldage, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $6,000.00 for the immediately preceding taxable year for income tax 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 increase the homestead exemption of the City of Perry for
( ) NO persons over 65 years of age and to increase the maximum allowable income of such persons from a homestead exemption of $2,000.00 and maximum al lowable income of $4,000.00 to a homestead exemption of $4,000.00 and a maximum allowable income of $6,000.00?"

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

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Bailey Beckham Berlin Berry

Blackshear Bohannon Bond Bostick Brantley, H. L. Bray

Brown, B. D. Brown, C. Brown, S. P.
Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M.
Coney Connell Davis, E. T.
Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Evans Farrar Floyd, J. H. Floyd, L. R.
Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes

FRIDAY, FEBRUARY 23, 1973

1335

Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J.
Jessup Johnson Jones Jordan King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.
Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith
Nix Northcutt Odom Oxford

Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Bennett Brantley, H. H. Carr Collins, S.
Colwell
Daugherty
Dean, J. E.
Edwards

Elliott Ellis Ezzard Foster
Fraser
Gignilliat
Hamilton
Horton, W. L.

Irvin, R. Irwin, J. R. Keyton Kreeger
Le vitas
Lewis
Matthews, D. R.
McCracken

1336
Patten, G. C. Rainey Rush

JOURNAL OF THE HOUSE,

Shepherd Thomason Tucker

Twiggs Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 146, nays 0.

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not re corded.

HR 208-855. By Messrs. Wilson and Atherton of the 19th, Nix, Duke and McDaniell of the 20th and Kreeger of the 21st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net in come not exceeding $6,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following para graph:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of Cobb County who is disabled is here by granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including bene fits received from any retirement or pension fund when such bene fits are based on contributions made thereto by such person or his spouse, but not including- any federal old-age, survivor or disability insurance benefits, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required

FRIDAY, FEBRUARY 23, 1973

1337

to obtan ia certificate from the Federal Social Security Administra tion and from not less than one nor 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 such person is mentally or physically incapacitated to the extent that such person is unable to be gain fully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Com missioner of Cobb County with the certificates provided for herein and files an appliaction with said Tax Commissioner giving the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional informa tion relative to receiving the benefits of such exemption as will enable said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Com missioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other appli cations for homestead exemption, and the provisions of law ap plicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certifi cates, as provided above, and has been allowed the exemption providetd herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said ex emption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after Decem ber 31, 1974."
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 a homestead exemption of $6,000.00 from all Cobb
( ) NO County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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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, J. H.
Adams, John Adams, Marvin
Alexander, W. H. Alexander, W. M.
Alien Atherton Bailey Beckham
Berlin Berry Blackshear Bohannon
Bond
Bostick Brantley, H. L.
Bray Brown, B. D. Brown, C.
Brown, S. P. Buck Burruss
Burton Busbee Carlisle Carrell Castleberry Chance
Clark Cole Coleman Collins, M.
Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent
Dickey Dixon Dollar
Dorminy Duke

Egan
Evans Farrar
Floyd, J. H. Floyd, L. R.
Geisinger Grahl Grantham
Greer Groover Harden Harrington
Harris, J. F. Harris, J. R.
Harrison Hawes Hays Hill, B. L. Hill, G.
Horton, G. T. Howard Howell Hudson Hutchinson
Irvin, J. Jessup Johnson Jones
Jordan King
Knight Lambert Lane, Dick
Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Logan Lowrey Marcus
Mason Matthews, C. Mauldin
McDaniell

McDonald McKinney Miles
Milford Morgan
Moyer Mulherin Mullinax
Murphy Nessmith Nix
Northcutt Odom Oxford
Patten, R. L. Patterson Pearce
Peters Petro Phillips, G. S. Phillips, L. L.
Pinkston Reaves Ritchie
Roach Rogers Ross Russell, J. Russell, W. D. Sams
Savage Shanahan Smith, J. R. Smith, V. B.
Snow Stephens Strickland
Sweat Thompson Toles Townsend Triplett
Turner Vaughn Waddle

Walker Wall Wamble Ware

FRIDAY, FEBRUARY 23, 1973

1339

Wheeler, Bobby Whitmire Williams Willis

Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Bennett Brantley, H. H. Carr Collins, S. Colwell Daugherty Dean, J. E. Edwards Elliott Ellis Ezzard

Foster, R. L. Fraser Gignilliat Hamilton Horton, W. L. Irvin, R. Irwin, J. R. Keyton Kreeger Levitas Lewis

Matthews, D. R. McCracken Patten, G. C. Rainey
Rush Shepherd Thomason Tucker Twiggs Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 146, nays 0.

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not re corded.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 508. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to provide a comprehensive program for the licensing and regu'ation of out-of-home child care 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 96, nays 1.

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

1340

JOURNAL OF THE HOUSE,

HB 603. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wood of the 9th and others:
A Bill to be entitled an Act to enact the Interstate Civil Defense and Disaster Compact; and for other purposes.

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

On the passage of the Bill, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 707. By Messrs. Keyton of the 121st, Mauldin and Milford of the 13th and others: A Bill to be entitled an Act to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to change the provisions relative to sending a copy of such bonds to the State Superintendent of Schools; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.

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

HB 385. By Messrs. Ware of the 65th, Berry of the 86th, Pearce of the 87th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to redefine the policy and purpose of civil defense; 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 Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224) as amended, particularly by an Act approved March 25, 1958 (Ga.

FRIDAY, FEBRUARY 23, 1973

1341

Laws 1958, p. 628), an Act approved March 3, 1962 (Ga. Laws 1962, p. 469), an Act approved March 3, 1962 (Ga. Laws 1962, p. 473), an Act approved March 3, 1962 (Ga. Laws 1962, p. 475), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 473), so as to redefine the policy and purpose of civil defense; to redefine civil defense to include all emer gencies and disasters, or the imminent threat thereof, resulting from man-made or natural causes, or enemy attack; to expand the coverage of civil defense to include environmental emergencies; to redefine the civil defense powers of the Governor; to enlarge the emergency powers of the Governor; to require all non-governmental rescue organizations, associations, groups, teams or individuals, not licensed by the Depart ment of Human Resources as an ambulance service, to be certified by the State Director of Civil Defense prior to performing any rescue or civil defense type activity; to authorize the Director of Civil Defense to promulgate rules and regulations required to effectuate the purposes and provisions of this Act; to provide for compensation of non-govern mental employees of mobile support units; to redefine emergency; to define disaster; to provide conditions under which the General Assembly and local governments operate during emergencies and disasters; to delete the present limitation, of actual enemy attack, on the emergency operations of the General Assembly and local governments; 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 Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. Laws 1958, p. 628), an Act approved March 3, 1962 (Ga. Laws 1962, p. 469), an Act ap proved March 3, 1962 (Ga. Laws 1962, p. 473), an Act approved March 3, 1962 (Ga. Laws 1962, p. 475), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 473), is hereby amended by striking Section 2 thereof in its entirety and inserting in lieu thereof a new Section 2, to read as
follows:

Section 2. Policy and Purpose, (a) Because of the existing and increasing possibility of the occurrence of emergency or dis asters, resulting from man-made or natural causes, or enemy attack, and in order to insure that preparations of this State will be ade quate to deal with such emergencies or disasters, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the State of Georgia, it is hereby found and declared to be necessary:

(1) to create a State Civil Defense Agency, and to authorize the creation of local organizations for civil defense in the political subdivisions of the State;

(2) to confer upon the Governor and upon the executive heads of governing bodies of the political subdivisions of the State the emergency powers provided herein;

1342

JOURNAL OP THE HOUSE,

(3) to provide for the rendering of mutual aid among the po
litical subdivisions of the State, and with other States, and with the Federal Government with respect to the carrying out of civil defense functions; and

(4) to authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this Act.

(b) It is further declared to be the purpose of this Act and the policy of the State of Georgia that all civil defense functions
of this State be coordinated to the maximum extent with the com parable functions of the Federal Government including its various
departments and agencies, of other States and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the Nation's manpower, re sources, and facilities for dealing with any emeregncy or disaster
that may occur."

Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. Definition. As used in this Act the term 'civil de fense' shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces
are primarily responsible, to prevent, minimize, and repair injury and damage resulting from emergencies or disasters, or the immi nent threat thereof, of man-made or natural origin, caused by
enemy attack, sabotage, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill, or other water contamination
requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot, or other hostile action, or other causes. These functions include, with out limitation, fire fighting services, police services, medical and health services, rescue, engineering, warning services, communica
tions, defense from radiological, chemical and other special weapons, evacuation of persons from stircken areas, emergency welfare serv ices, emergency transportation, plant protection, temporary restora
tion of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions."

Section 3. Said Act is further amended by striking Section 6 in
its entirety and inserting in lieu thereof a new Section 6 to read as follows:

"Section 6. Civil Defense Powers of the Governor, (a) The Governor shall have general direction and control of the Civil De fense Division, and shall be responsible for the carrying out of the
provisions of this Act, and in the event of disaster or emergency beyond local control, may assume direct operational control over
all or any part of the civil defense functions within this State.

FRIDAY, FEBRUARY 23, 1973

1343

(b) In performing his duties under this Act, the Governor is further authorized and empowered:

(1) To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this Act with due consideration to the plans of the Federal Government.

(2) To prepare a comprehensive plan and program for the civil defense of this State, such plan and program to be integrated into
and coordinated with the Defense Civil Preparedness Agency plans of the Federal Government and of other States to the fullest pos sible extent, and to coordinate the preparation of plans and pro
grams for civil defense by the political subdivisions of this State, such plans to be integrated into and coordinated with the civil defense plan and program of this State to the fullest possible extent.

(3) In accordance with such plans and program for the civil defense of this State, to ascertain the requirements of the State or the political subdivisions thereof for food, clothing, or other necessities of life, in the event of a man-made or natural emer gency or disaster, or enemy attack and to plan for and procure supplies, medicines, materials, and equipment, and to use and employ from time to time any of the property, services, and re sources within the State, for the purposes set forth in this Act; to make surveys of the industries, resources, and facilities within the State as are necessary to carry out the purposes of this Act; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of civil defense organizations in advance of actual emergency or disaster, to insure the furnishing of adequately trained and equipped forces of civil defense personnel in time of need.
(4) To coordinate with the President and heads of the Armed Forces, and the Defense Civil Preparedness Agency of the United States, and with the officers and agencies of other States in mat ters pertaining to the civil defense of the State and Nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate Federal officers and agencies, for any action looking to civil defense, including the direction or con trol of civil defense exercises he deems necessary and appropriate for operational capability.

(5) To take such action and give such directions to State and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Act and with the orders, rules, and regulations made pursuant thereto.

(6) To employ such measures and give such directions to the State or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this Act or with the findings or recommendations of such boards of

1344

JOURNAL OF THE HOUSE,

health by reason of conditions arising from emergencies or dis asters, man-made or natural, or the threat of enemy attack or otherwise.

(7) To utilize the services and facilities of existing offices, and agencies of the State and of the political subdivisions thereof; and all such offices and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.

(8) To establish agencies and offices and to appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this Act including, with due considera tion to the recommendations of the local atuhorities, full-time State and regional area or field coordinators.

(9) To delegate any authority vested in him under this Act.

(10) On behalf of this State to enter into reciprocal aid agree ments or compacts with other States and the Federal Government, either on a State-wide basis or local political subdivision basis or with a neighboring State. Such mutual aid arrangements shall in clude but not be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services; emer gency housing; police services; National or State guards while under the control of the State; health, medical and related services; fire fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these serv ices; and such other supplies, equipment, facilities, personnel, and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel, and similar items for mobile support units; fire fighting, and police units and health units; and on such terms and conditions as are deemed necessary.

(11) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the State, similar to the mutual aid arrangements with other States referred to above.

(12) In addition to the emergency and disaster prevention measures included in the State and local Civil Defense emergency and disaster plans, the Governor shall make such studies, surveys, or analyses of potential emergency or disaster areas of the State as he deems necessary, both public and private, to prevent or re duce the harmful consequences of emergencies or disasters, re sulting from man-made or natural causes, or from enemy attack; and develop or cause to be developed measures to reduce such harmful consequences indicated in such studies, survey or analyses."

Section 4. 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. Emergency Powers, (a) In the event of actual or impending emergency or disaster, of natural or man-made origin, or impending of actual enemy attack, within or affecting

FRIDAY, FEBRUARY 23, 1973

1346

the State of Georgia, or against the United States, the Governor may declare that a state of emergency or disaster exists. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with to the extent that emergency or disaster condi tions no longer exist and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than thirty (30) days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emer gency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster.

(b) A declaration of a state of emergency or disaster shall activate the emergency and disaster response and recovery aspects of the State and local emergency or disaster plans applicable to the political subdivision or area in question and be atuhority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this Act or any other provision of law relating to emergencies or disasters.

(c) The Governor shall have and may exercise for such period as such state of emergency or disaster exists or continues, the fol lowing additional emergency powers:

(1) To enforce all laws, rules, and regulations relating to civil defense and to assume direct operational control of all civil forces
and helpers in the State;

(2) To seize, take for temporary use, or condemn property for the protection of the public in accordance with condemnation proceedings as provided by law;

(3) To sell, lend, give, or distribute all or any such property among the inhabitants of the State and to account to the proper agency for any funds received for such property;

(4) To perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safe ty and protection of the civilian population.

(5) In addition to any other powers conferred upon the Gov ernor by law, he may:

(a) suspend the provisions of any regulatory statute pre scribing the procedures for conduct of State business, or the orders, rules, or regulations of any State agency, if strict compliance with the provisions of any statute, order, rule, or regulations would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster;

1346

JOURNAL OP THE HOUSE,

(b) utilize all available resources of the State government as reasonably necessary to cope with the emergency or disaster and of each political subdivision of the State;

(c) transfer the direction, personnel, or functions of State departments and agencies or units thereof for the purpose of per forming or facilitating emergency services;

(d) commandeer or utilize any private property if he finds this necessary to cope with the emergency or disaster;

(e) direct and compel the evacuation of all or part of the population from any stricken or threatened area within the State if he deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
(f) prescribe routes, modes of transportation, and destination in connection with evacuation;

(g) control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupany of premises therein;

(h) suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; and

(i) make provision for the availability and use of temporary emergency housing.
(j) When the available funds are not sufficient for the purpose of paying the expenses incident to carrying out the provisions authorized by this Act, the Governor may transfer from any avail able fund in the State treasury, such sum as may be necessary to meet such emergency or disaster, and said moneys so transferred, shall be repaid to the fund from which transferred when moneys become available for that purpose by legislative appropriation or otherwise.
(k) In the event that the Governor proclaims an emergency or disaster, as defined by this Act, to be a catastrophe within the meaning of subparagraph b, Paragraph IV, Section IX, Article VII of the Constitution of the State of Georgia of 1945, as amended, the funds referred to in said paragraph of the Constitution may be utilized by the Governor for the purpose of carrying out the provisions authorized by this Act."

Section 5. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Mutual Aid Arrangements, (a) The director of each local organization for civil defense may, in collaboration with other public and private agencies within this State, develop or

FRIDAY, FEBRUARY 23, 1973

1347

cause to be developed mutual aid arrangements for reciprocal civil defense aid and assistance in case of emergency or disaster too great to be dealt with unassisted. Such arrangements shall be con sistent with the State civil defense plan and program, and in time of emergency it shall be the duty of each local organization for civil defense to render assistance in accordance with the provisions of such mutual aid arrangements.

(b) The director of each local organization for civil defense may, subject to the approval of the Governor, enter into mutual aid arrangements with civil defense agencies or organizations in other States for reciprocal civil defense aid and assistance in case of emergency or disaster too great to be dealt with unassisted."

Section 6. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:

"Section 9. Local Organization for Civil Defense, (a) The governing body of each city of this State having a population of 1,000 or more according to the United States census of 1970 or according to any subsequent United States census and each county of the State is hereby authorized and directed to establish a local organization for civil defense in accordance with the State civil defense plan and program. The Governor, or the Director at the request of the Governor, may a1 so establish local organizations in other cities whenever he determines there exists a need for such local organizations. Provided, however, any two or more of the above mentioned political subdivision may, with the approval of the Director, contract with each other so as to form one civil defense organization for the entire area included in the bounds of the con tracting political subdivisions. (The term 'political subdivision' for the purpose of this Chapter shall mean: (1) Cities haivng a popu lation of over 1,000; (2) Cities having a population of less than 1,000 in which the Governor has established a local organization; and (3) Counties.) The executive officer or governing body of the political subdivision is authorized to nominate a director whose nomination must be endorsed by the State Civil Defense Director prior to appointment by the Governor. The Director shall have di rect responsibility for the organization, administration and opera tion of such local organization for civil defense, subject to the direction and control of such executive officer or governing body. Each local organization for civil defense shall perform civil defense functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this Act.

(b) Each political subdivision shall have the power and authority:

(1) To appropriate and expend funds, execute contracts, ob tain and distribute equipment, materials, and supplies for civil defense purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any

1348

JOURNAL OP THE HOUSE,

emergency or disaster resulting from man-made or natural causes, or enemy attack and to direct and coordinate the development of civil defense plans and programs in accordance with the policies and plans set by the Federal and State civil defense agencies;

(2) To appoint, employ, remove, or provide, with or without compensation, chiefs of services, warning personnel, rescue teams, auxiliary fire and police personnel, and other civilian defense workers;
(3) To establish a primary and one or more secondary control centers to serve as command posts during an emergency or disaster;
(4) Subject to the order of the Governor, or the chief executive of the political subdivision, to assign and make available for duty, the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for civil defense purposes and within or outside of the physical limits of the subdivision."
Section 7. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. Mobile Support Units, (a) The Governor, or the Director at the request of the Governor, is authorized to create and establish such number of mobile support units as may be nec essary to reinforce civil defense organizations in stricken areas and with due consideration of the plans of the Federal Government and of other States. He shall appoint a commander for each such unit who shall have primary responsibility for the organization, administration, and operaton of such unit. Mobile support units shall be called to duty upon orders of the Governor or the Director and shall perform their functions in any part of the State, or upon the conditions specified in this Section, in other States.
(b) Personnel of mobile support units while on duty, whether within or without the State, shall:

(1) if they are employees of the State, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment;

(2) if they are employees of a political subdivision of the State, and whether serving within or without such political sub division have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and

(3) if they are not employees of the State or a political sub division thereof, be entitled to adequate compensation incidental to their employment by the State for their services and to the same rights and immunities as are provided by law for the employees of

FRIDAY, FEBRUARY 23, 1973

1349

this State. All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of civil defense activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses.

(c) The State shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of such political subdivi
sions while serving as members of a mobile unit, and for all pay ments for death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to sup plies and equipment of such political subdivision resulting from the operation of such mobile support unit.

(d) Whenever a mobile support unit of another State shall render aid in this State pursuant to the orders of the Governor of its home State and upon the request of the Governor of this State, this State shail reimburse such other State for the compen sation paid and actual and necessary travel, subsistence, and main tenance expenses of the personnel of such mobile support unit while rendering such aid, and for all payments for death, disability, or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other State or a political subdivision thereof resulting from the rendering of such aid. Provided, that the laws of such other State contain provisions substantially similar to this Section or that provisions to the foregoing effect are embodied in a reciprocal mutual aid agreement or compact or that the Federal Government has authorized or agreed to make reimbursement for such mutual aid as above provided.

(e) No personnel of mobile support units of this State shall be ordered by the Governor to operate in any other State unless the laws of such other State contain provisions substantially simi lar to this Section or unless the reciprocal mutual aid agreements or compacts include provisions providing for such reimbursement or unless such reimbursement will be made by the Federal Govern ment by law or agreement."

Section 8. Said Act is further amended by striking Section 17 in its entirety and substituting in lieu thereof a new Section 17 to read as follows:

"Section 17. Immunity, (a) Neither the State nor any political subdivision of the State, nor the agents or representatives of the State or any political subdivision thereof; shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer civilian defense worker, or member of any agency engaged in civilian defense activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under the workmen's com pensation law or Section 10 hereof or any pension law or any Act of Congress.

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JOURNAL OP THE HOUSE,

(b) Neither the State nor any political subdivision of the State nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the State or
any political subdivision thereof, nor any volunteer or auxiliary civilian defense worker or member of any agency engaged in any
civilian defense activity, complying with or reasonably attempting to comply with this Act, or any order, rule, or regulation promul
gated pursuant to the provisions of this Act, or pursuant to any ordinance relating to precautionary measures enacted by any po
litical provisions of this Act, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of
the State, shall be liable for the death of or the injury to persons, or for damage to property, as a result of any such activity."

Section 9. Said Act is further amended by striking Section 25 in its entirety and substituting therefor a new Sectoin 25 to read as follows:

"Section 25. (a) As used in this Section, the following words shall have the following meanings unless the context clearly indi
cates a contrary meaning:

(1) Unavailable means either that a vacancy in an office exists
as the result of any emergency as hereinafter defined and there is no deputy or other successor authorized to exercise all of the powers and discharge all of the duties of the office, or the lawful incum
bent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers
and discharge the duties of the office;

(2) Emergency interim successor means a person designated pursuant to this Section, in the event an officer is unavailable to
exercise the powers and discharge the duties of an office until a
successor is appointed or elected and qualified as may be pre scribed by the Constitution, statutes, laws, charters and ordinances of this State and its political subdivisions, or until the lawful in
cumbent or his successor is able to resume the exercise of the powers and the discharge of the duties of the office.

(3) Office means the position of head of any and all depart
ments, agencies, boards of commissions of the State or any of its political subdivisions, all constitutional State House offices, all constitutional and other county offices, all of the judgeships of the State and its political subdivisions and all of the positions in the
legislative departments of the State or its political subdivisions. Officer means the individual who shall hold an office. State Office and State Officer shall pertain to positions in the government of the State of Georgia; and local offices and local officers shall per
tain to positions in the political subdivisions of the State.

(4) Political subdivisions shall mean cities, counties, towns, villages, authorities and any other bodies created by the State and
exercising any of the governmental powers of the State.

FRIDAY, FEBRUARY 23, 1973

1351

(5) Emergency means a sudden generally unexpected occur rence or set of circumstances demanding immediate action.

(6) Disaster means any happening that causes great harm or damage.

(b) All State officers, shall within thirty (30) days after the approval of this Act by the Governor or after it otherwise becomes a law or within thirty (30) days after taking office, whichever date shall be later, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of office, designate by title individuals as emergency interim suc cessors and specify their order of succession. The officer shall re view and revise, as necessary, designations made pursuant to this Act to insure their current status. The officer shall designate a sufficient number of such emergency interim successors so that there will be not less than three (3), nor more than seven (7), such deputies or emergency interim successors or any combination there of, at any time. In the event that any State officer is unavailable following an emergency or disaster, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency successors shall exercise said powers and dis charge said duties only until such time as the Governor under the Constitution or authority other than this Act (or other official authorized under the Constitution or this Act to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as pro vided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise, or resume the exercise of, the powers and discharge the duties of his office.

(c) All emergency interim successors designated under this Act shall have the same qualifications as are prescribed by law for the officer by whom they are designated.

(d) Designations of emergency interim successors to State officers shall become official upon the officer filing a list of such successors with the Secretary of State, who shall inform the Gov ernor, the State Office of Civil Defense, all emergency interim successors to the officer involved and the Ordinary of the county of legal residence of the successors of all such designations and any changes therein. Any designation of an emergency interim suc cessor may be changed or altered by the officer concerned filing a notice of such change or alteration with the Secretary of State.

(e) All constitutional county officers shall, within thirty (30) days after the approval of this Act or after it otherwise becomes a law or within thirty (30) days after taking office, whichever date shall be later, in addition to any deputy authorized pursuant to law to exercise all the powers and discharge the duties of the office, designate by title individuals as emergency interim succes-

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JOURNAL OP THE HOUSE,

sors and specify their order of succession. Such successors shall have the same powers, duties and qualifications as specified by subsection (b) and (c) of this Act for successors to State officers. Designations of such successors shall be made in the same manner as prescribed for successors to State officers in subsection (d) of this Section.

(f) The legislative bodies of all political subdivisions of the State are hereby authorized and directed to provide by ordinance or resolution for emergency interim successors for the officers of such political subdivisions. Such resolutions and ordinances shall not be inconsistent with the provisions of this Act.

(g) At the time of their designation, emergency interim suc cessors shall take such oath as may be required for them to exercise
the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply
with any other provision of law relative to taking office.

(h) Emergency interim successors shall receive the same com pensation as is paid the officer by whom they are appointed. Such compensation shall be paid only during such time as a successor shall exercise the powers of the officer by whom he has been desig
nated.

(i) Governmental powers shall be exercised by emergency in terim successors appointed under this Section only during a period of emergency or disaster as defined by this Section.

(j) The operation of this Section, as applied to any office or officer to which it may not constitutionally or lawfully apply, is hereby suspended until such time as the Constitution of the State shall be amended, so as to make this Section applicable to all officers and offices. Upon the ratification of such an amendment to the Constitution, this Act shall become completely operative as to all offices and officers. Without limiting the generality of the fore going, the operation of the provisions of this Section shall be suspended as to the judgeships in this State, and as to members of the General Assembly of this State until such time as this Section shall be applicable to all offices and officers."
Section 10. Said Act is further amended by striking Section 7a in its entirety and substituting therefor a new Section 7a to read as follows:
"Section 7a. (a) Whenever, due to an emergency or disaster resulting from man-made or natural causes, or enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of State government at the normal location of the seat thereof in Atlanta, Fulton County, Georgia, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of govern-

FRIDAY, FEBRUARY 23, 1973

1353

ment at such p'ace, or places, within or without this State as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of State government to such emergency temporary location, or locations. Such emergency temporary loca tion, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency or disaster is declared to be ended by the Governor, and the seat of government is returned to its normal location.

(b) During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority in this State, including the convening and meeting of the legislature shall be as valid and binding when performed at such emergency tem porary location, or locations, as if performed at the normal location of the seat of government."

Section 11. Said Act is further amended by striking Section 7b in its entirety and substituting in lieu theerof a new Section 7b to read as follows:

"Section 7b. The General Assembly shall meet at the new loca tion provided for in Section 7a either upon the call of the Governor, or if no call is issued, through the initiative of the members thereof following as emergency or disaster resulting from man-made or natural causes, or enemy attack, impending or affecting the State of Georgia. At such time the General Assembly shall not be limited by any constitutional provisions relating to length of sessions, and it may suspend the operation of any and all constitutional rules governing the procedure of both the House of Representatives and the Senate as it deems necessary during the period of emergency or disaster."

Section 12. Said Act is further amended by striking Section 7c in its entirety and substituting in lieu thereof a new Section 7c to read as follows:

"Section 7c. Whenever, due to an emergency or disaster re sulting from man-made or natural causes, or enemy attack, it be comes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision, including but not limited to each and every city, county and municipality of the State, may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emer gency or disaster situation. Such sites or places may be within or without the territorial limits of such political subdivision and may

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JOURNAL OP THE HOUSE,

be within or without this State. During the period when the public
business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this State shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative, and
judicial powers and functions conferred upon such body and offi cers by or under the laws of this State. Such powers and functions
may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining there
to, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision."

Section 13. Said Act is further amended by adding, following Sec tion 7c, a new Section to be designated Section 7d, to read as follows:

"Section 7d. The provisions of Sections 7a, 7b and 7c of this Act shall be operative only in the event and for the duration of an
emergency or disaster of man-made or natural causes, or enemy attack, impending on or affecting the State of Georgia and/or
affecting the United States as proclaimed by an appropriate State official."

Section 14. Said Act is further amended by adding, following Sec tion 26, a new Section to be designated Section 27, to read as follows:

"Section 27. All rescue organizations, associations, groups, teams or individuals, whether or not they are holders of a charter
issued by the State of Georgia or officers thereof, which have not been licensed by the Department of Human Resources as an ambu lance service, shall be prohibited from performing any rescue or
civil defense type activity until such organization, association, group, team or individual has been certified by the State Director of Civil Defense."

Section 15. Said Act is further amended by adding, following Sec tion 27, a new Section to be designated Section 28, to read as follows:

"Section 28. The State Director of Civil Defense shall be au
thorized to promulgate such rules and regulations required to ef fectuate the purposes of this Act."

Section 16. Said Act is further amended by striking Section 3' of
the amendatory Act approved March 3, 1962 (Ga. Laws 1962, p. 473) in its entirety.

Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 18. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, FEBRUARY 23, 1973

1355

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 671. By Messrs. Morgan of the 70th, Lee of the 114th, Walker of the 100th, and others:
A Bill to be entitled an Act to amend Code Title 50, relating to habeas corpus, so as to provide that all reasonable grounds for relief shall be raised in the original or amended petition for writ of habeas corpus; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Alexander, W. M. Alien Bailey Beckham Berlin Berry Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Clark

Cole Coleman Collins, M. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, J. H.

Floyd, L. R. Foster Fraser Grahl Grantiham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton

1356
King Knight Lambert Lane, D. Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKdnney Miles Milford Morgan Moyier Mulherin

JOURNAL OP THE HOUSE,

Nessmith Nix Noble Odom Oxford Patten Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Riljehie Roach Rogers Boss Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd

Smith, J. R.
Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, B. Wheeler, J. A. WhitmSre Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, M. Alexander, W. H. Atherton Bennett Black shear Bond Bostick Brown, B. D. Burrusa Chance Collins, S. Daugherty Ellis

Ezzard Geisinger Gignilliat Hamilton Harrison Hill, B. L. Hill, G. Horton, G. T. Horton. W. L. Hutchinson Irwin Kreeger Lane, W. J.

Lewis MeCracken Mullinax Murphy Northcutt
Patten, G. C. Rainey
Savage Thomason Townsend Vaughn Ware Mr. Speaker

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

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

HB 556. By Mr. Gignilliat of the 105th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide a name for the committee concerned with pro tection of the Georgia coastal marshlands; and for other purposes.

FRIDAY, FEBRUARY 23, 1973

1357

The report of the Committee, which was favorable 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, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bennett Berlin Berry Blaickshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castieberry Chance Clark Cole Collins, M. Collins, S. Colwell Coney Connell Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan

Ellis Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Gel singer Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Irvin, J. Irvin, R. Irwin, J. R. Jessup Jones Jordan Keyton Ring Knight Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K.
Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason

Matthews, D. R. Mauldin McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phfflips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thompson
Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall

1358
Wamhle Wheeler, J. A. Whitmire

JOURNAL OF THE HOUSE,

Williams Willis

Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, M. Atherton Dailtey Beckham Burruss Ooleman Daugherty Davis, E. T. Dixon Elliot* Parrar Groover Hamilton

Harrison Howard Hutchinson Johnson Larsen, W. W. Lee, W. J. Matthews, C. McCracken McDaniell Morgan Murphy Nortihcutt Patten, G. C.

Rainey Russell, W. D. Savage Strickland Sweat Thomason Townsend Ware Wheeler, B. Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 0.

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

Due to mechanical failure, the vote of Mr. Noble of the 48th was not recorded.

Mr. Sweat of the 125th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 556, but had he been present would have voted "aye".
Mr. Dixon of the 125th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 556, but had he been present would have voted "aye".
HB 190. By Messrs. Keyton of the 121st, Collins and Matthews of the 122nd, and others: A Bill to be entitled an Act to amend Code Section 26-2904, relating to the issuance of a license to carry a pistol or revolver, so as to provide for the sheriff in each county to evaluate applications for licenses; and for other purposes.
The following amendment was read: Mr. Whitmire of the 9th moves to amend HB 190 by adding a new
sentence to Section 26-2904, line 13, page 2, to read as follows:

FRIDAY, FEBRUARY 23, 1973

1359

"Any person who applies for such license must be fingerprinted before a license shall be granted."

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, M. Atherton Bailey Berlin Bohannon Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Burton Busbee Cairrell Gastleberry CoMns, M. Colwell Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dixon Dollar Duke Edwards Egan Foster Geisinger

Gignilliat Grahl Gran th am Harden Harrington Harris, J. R. Hawes Hill, B. L. Horton, W. L. Hudson Hutchinson Jessup Johnson Jordan Keyiton Knight Kreeger Lane, D. Larsen, G. K. Lee, W. J. Lee, W. S. Le vitas Logan Lowrey Marcus Matthews, C. McDaniell Morgan Mullinax Nix

Noble Odom Oxford
Patten, R. L. Petro Ritehie Rogers
Ross Savage Shanahan
Shepherd Smith, V. B. Stephens
Sweat
Totes Triplett Tucker Turner Twiggs Vaughn Waddle Wall Wamble Wheeler, J. A. Whitmire
Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Berry Black shear Brantley, H. L. Clark Dorminy Evans Floyd, J. H. Fraser

Harris, J. F. Harrison
Hays Irvin, R. Irwin, J. R. King Lambert Mauldin McKinney Nessmith

Pearce Peters Phillips, G. S. Phillips, L. L. Russell, J. Sams Snow Strickland Thompson Walker

1360

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams, J. H. Alien Beckham Bennett Bostick Bray Brown, C. Buck Carlisle Carr Chance Cole Coleman Collins, S.
Coney Daugherty Dean, Gib Dent Dfickey Elliot*

Ellis Ezzard Farrar Floyd, L. R. Greer Groover Hamilton Hill, G. Horton Howard Howell Irvin, J. Jones Lane, W. J. Larsen, W. W. Lewis Mason Matthews, D. R. McCracken McDonald

Miles Milford Moyer Mulherin Murphy Northcuitt Patten, G. C. Patterson Pinkston Rainey Reaves Roach Rush Russell, W. D. Smith, J. R. Thomason Town send Ware Wheeler, B. Mr. Speaker

On the adoption of the amendment, the ayes were 90, nays 30.

The amendment was adopted.

The following amendment was read and adopted:
Mr. Adams of the 14th moves to amend HB 190 by adding a subsec tion (e) to read as follows:
"is of good moral character;"

The following amendment was read:
Mr. Castleberry of the 96th moves to amend HB 190 by changing the fee from $3.00 to $5.00.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John

Adams, Marvin Alien Atherton

Berlin Berry Bohannon

FRIDAY, FEBRUARY 23, 1973

1361

Brantley, H. H. Brantley, H. L. Buck Burruss Burton Busbee Carr Castleberry Chance Collins, M. Calling, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dollar Dorminy Duke Edwards Egan Elliott Ellis Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover

Harden
Harrington Harris, J. R. Hill, G. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson
Jones Jordan Keyton Kreeger Lambert
Lane, Dick Larsen, G. K.
Lee, W. S. Levitas Lewis Logan Lowrey Matthews, C. Mauldin McKinney Milford Morgan Moyer Mulherin MulKnax Nix

Noble Odom Patten, R. L. Patterson Pearce Petro Phillips, G. S. Reaves RitcMe Rogers Ross Rush Russell, W. D. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Toles Triplett Tucker Turner Twiggs Vauighn Waddle Walker Ware Whitmire Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Alexander, W. H. Alexander, W. M. Beckham Blackshear Bond Bray Brown, B. D. Carrell Clark Dean, J. E. Dixon Evans Floyd, J. H.

Greer Harris, J. F. Harrison Hawes Hays Hill, B. L. Howell
King Lane, W. J. McDaniell McDonald Miles Nessmith

Northcutt Phillips, L. L. Pinkston Russell, J. Sams Snow Sweat Wall Wamble Wheeler, J. A. Williams

Those not voting were Messrs.:

Bailey Bennett Bostick

Brown, C. Brown, S. P. Carlisle

Cole Coleman Coney

1362
Dean, Gib Dent Dickey Ezzard Parrar Hamilton Horton, G. T. Howard Jessup Knight

JOURNAL OF THE HOUSE,

Larsen, W. W. Lee, W. J. (Bill)
Marcus Mason Matthews, D. R. McCracken Murphy Oxford Patten, G. C. Peters

Rainey Roach
Strickland Thomason Thompson Townsend Wheeler, Bobby Wilson, J. M. Mr. Speaker

On the adoption of the amendment, the ayes were 105, nays 37.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Buck Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Collins, M.

Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean Dent Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl

Grantham Greer Groover Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King

FRIDAY, FEBRUARY 23, 1973

1363

Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
Miles
Milford
Morgan
Mulherin

Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves
Ritchie
Rogers
Ross
Rush
Russell, J.
Russell, W. D.
Sams
Savage

Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Tucker Turner Twiggs Vaughn Waddle Wall
Wamble
Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Dean, Gib Floyd, J. H.

Harris, J. F.

Walker

Those not voting were Messrs.:

Adams, J. H. Beckham Bennett Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Carlisle Cole Coleman

Coney Dickey Ezzard Hamilton Howard Larsen, W. W. McCracken McKinney Moyer Murphy Patten, G. C.

Peters Rainey Roach Strickland Thomason Townsend Triplett Wheeler, Bobby Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 144, nays 4.

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

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JOURNAL OF THE HOUSE,

SB 108. By Senator Holloway of the 12th:
A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.

An amendment offered by Mr. Russell of the 53rd and others was ruled out of order.

The report of the Committee, which was favorable 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, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Carr Carrell Castleberry Chance Clark Coleman Colwell Coney Connell Daugherty Dean, Gib Dean, J. E. Dent Dickey Dollar

Edwards Ellis Evans Ezzard Praser Grahl Grantham Greer Groover Hamilton Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Keyton Knight Lambert Lee, W. J. (Bill) Lee, W. S. Lewis Marcus Mason Matthews, C. McDonald McKinney

Morgan Moyer Mulherin Mullinax Murphy Northcutt Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, W. D. Shepherd Smith, J. R. Snow Stephens Strickland Thompson Triplett Tucker Twiggs Waddle Wamble Ware Wheeler, J. A. Williams Willis Wilson, M. L.

FRIDAY, FEBRUARY 23, 1973

1365

Those voting in the negative were Messrs.:

Adams, John Alien Atherton Beckham Burruss Burton Busbee Cole Collins, M. Collins, S. Davis, E. T. Dean, N. Dorminy Duke Egan Elliott Farrar Foster Geisinger Gignilliat Harden

Harrington Harris, J. F. Harris, J. R. Horton, W. L. Irvin, R. Irwin, J. R. Jordan King Kreeger Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Le vitas Logan Lowrey Matthews, D. R. Mauldin Miles Milford Nessmith

Nix Odom Oxford Petro Reaves Russell, J. Sams Savage Shanahan Smith, V. B. Sweat Toles Townsend Turner Vaughn Walker Wall Whitmire Wilson, J. M. Wood

Those not voting were Messrs.:

Carlisle Davis, W. Dixon Floyd, J. H.

Floyd, L. R. McCracken McDaniell Patten, G. C.

Rainey Thomason Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 105, nays 62.

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

Mr. Noble of the 48th stated that due to a mechanical malfunction, his vote was not recorded on the passage of SB 108. He wished to be recorded as voting "nay".

Mr. Carlisle of the 67th stated that he had been called from the floor of the House when the roll was called on the passage of SB 108, but had he been present would have voted "nay".
Mr. Floyd of the 5th stated that due to mechanical failure his vote did not record. He wished to be recorded as voting "nay" on the passage of SB 108.

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Mr. Dixon of the 126th stated that he had been called from the floor of the House when the roll was called on the passage of SB 108, but had he been present would have voted "nay".

Pursuant to House Rule 198, the following statement was received from Mr. Levitas of the 50th with respect to SB 108.

After study of the report of the Georgia Compensation Commission, I have concluded that the proposed salary schedule is fair and proper. I do not disagree with their recommendations. However, I vote against SB 108 because I do not believe we should increase the compensation of the highest paid officials until we have adjusted the salaries of the lowest paid State employees. This applies to laborers, clerks, teachers, police and the like.

In addition, I believe it would be preferable to let elected officials serve their terms at the salary rate in effect when they sought their offices. Whenever pos sible, it should be policy to let any increases commence at the end of the current
term.

Mr. Connell of the 80th moved that the House do now adjourn until 10:00 o'clock, Monday morning, February 26, 1973 and the motion prevailed.

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

MONDAY, FEBRUARY 26, 1973

1367

Representative Hall, Atlanta, Georgia Monday, February 26, 1973

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. Hugh M. Jefferson, Pastor, Cuba and Ft. Gaines Presbyterian Churches, Cuthbert, Georgia:
0 God,
Many years ago King Solomon prayed not for wealth, nor fame, nor power--but for wisdom to govern his people. Even so today we pray for wisdom as we live in a confused world. Our Lord Jesus taught that love is the governing principle, so may we in our private affairs and matters of the State use love in our decisions as well as wisdom. Upon these governing principles we seek and hope for a Nation and State in which all can live in security, prosperity and peace. In the name of Jesus Christ,
AMEN.

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

Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

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5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 26, 1973, and submits the following:

HB

67. Gasoline Dist. & Dealers, Franchise Agreements

HB

87. Emp. Retirement System, Prior Service Credit

HB 158. Change of Names, Minors, Parents Consent

HB 164. Insurance, Lending Institutions

HB 209. Motor Vehicles, Security by Owners

HB 220. Trailers, Inspection

HB 246. Driver's Licenses Revoked, Point System (Recon.)

HB 255. Deceptive Practices, Trade or Commerce

HB 264. Sale of Securities, Regulation (P.P.)

HB 644. Claims Advisory Board, Resolution Introduced

HR 176-680. Secretary of State, Private Companies

HB 731. Subdivided Land Sales, Out of State

The Speaker shall have the right to call the above Bills and Resolu tion in any order which he may desire.

Respectfully submitted, Busbee of the 114th, Chairman.

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

MONDAY, FEBRUARY 26, 1973

1369

HB 911. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend Code Section 56-2437, relating to the purchase of liability insurance by municipal corporations, counties and other public bodies, so as to redefine and expand the circumstances in which a county, municipal corporation or other political body shall be authorized to purchase liability insurance; and for other purposes.
Referred to the Committee on Insurance.

HB 912. By Mr. Irvin of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the salaries of the elected of ficials of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 913. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to regulate the bail bond business in the State; to provide for a short title; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 914. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to prescribe safety standards for petroleum tank farms; to provide for declaration of purposes; and for other purposes.
Referred to the Committee on Industry.

HB 915. By Messrs. Matthews of the 122nd, Rush of the 104th, Wheeler of the 13th, Toles of the 16th, King of the 85th and Adams of the 74th:
A Bill to be entitled an Act to amend Code Chapter 26-12, relating to abortion, so as to delete the provisions relative to the reasons for an abortion; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 916. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to create the Lowndes County Water and Sewerage Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 917. By Messrs. Kreeger of the 21st, Wilson of the 19th and Howard of the 19th:
A Bill to be entitled an Act amending, revising, consolidating and super seding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 918. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to amend an Act known as the "Aid to De pendent Children Act", by repealing in its entirety the amending Act approved February 15, 1952, so as to delete the additional eligibility re quirements where an illegitimate child is named as a dependent by the applicant for such aid; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 919. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to change the count of shrimp from 55 shrimp with heads on to the pound, to 45 shrimp with heads on to the pound; and for other purposes.
Referred to the Committee on Recreation.

HB 920. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to provide for addi tional deputy sheriffs and their compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 921. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act to amend an Act known as the "State Ports Authority Act", so as to authorize the Governor to convey certain property to the Georgia State Ports Authority subject to the Marsh lands Protection Act of 1970; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 231-921. By Mr. Petro of the 46th, Mrs. Clark of the 55th, Messrs. Burton of the 47th, Horton of the 56th and Dean of the 54th:
A Resolution proposing an amendment to the Constitution so as to au-

MONDAY, FEBRUARY 26, 1973

1371

thorize DeKalb County to adopt ordinances authorizing pari-mutuel betting in DeKalb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 922. By Mr. Irwin of the 113th:
A Bill to be entitled an Act to amend Code Section 23-1113, relating to the performance of the duties of the county surveyor by another person where there is no county surveyor, so as to provide for the performance of the duties of a county surveyor by a registered land surveyor; and for other purposes.
Referred to the Committee on Judiciary.

HB 923. By Messrs. Miles of the 79th and Sams of the 83rd:
A Bill to be entitled an Act to amend an Act creating the Civil Court of Richmond County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 924. By Mr. Berlin of the 89th:
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 a judge in his discretion may allow sentences of six months or less to be served on weekends; and for other purposes.
Referred to the Committee on Judiciary.

HB 925. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as "The Lender Credit Card Act", so as to change the method of computing the finance charge; and for other purposes.
Referred to the Committee on Industry.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on State Planning and Community Affairs:

HB 932. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so

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as to redefine the corporate limits of the City of Athens, and for other purposes.

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

HB 897. By Mr. Hudson of the 115th:
A Bill to be entitled an Act to amend Code Section 93-211, relating to domicile and office of the Public Service Commission, so as to change the domicile of the Public Service Commission in cases of judicial review of orders involving utilities not serving Fulton County; and for other purposes.
HB 898. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Proprietary School Act", so as to provide that any flight school which holds a current Federal Air Agency Certificate issued by the Federal Aviation Agency only shall be exempt from the provisions of the Act; and for other purposes.

HB 899. By Mr. Elliott of the 49th:
A Bill to be entitled an Act to provide for laws regulating the operation of bicycles; and for other purposes.

HB 900. By Messrs. Wilson of the 19th, Kreeger of the 21st, Duke and Nix of the 20th, Howard and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to require the Chairman and all Commissioners to vote in order to take official action on a zoning mat ter; and for other purposes.

HB 901. By Messrs. Brown, Pinkston, Evans, Coney and Dickey of the 89th:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City; and for other purposes.

HB 902. By Mr. Hill tof the 110th:
A Bill to be entitled an Act to amend the "Georgia Minimum Wage Law", so as to increase the minimum wage; and for other purposes.

MONDAY, FEBRUARY 26, 1973

1373

HB 903. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to provide for concurrent juris diction in the juvenile court and superior court over certain conflicting laws; and for other purposes.

HB 904. By Messrs. Knight, Mullinax and Ware of the 65th:
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, so as to provide that all misdemeanants and felons under the age of 17 shall be sentenced into the custody of the Division for Children and Youth of the State Department of Family and Chil dren Services; and for other purposes.

HB 905. By Messrs. Sams of the 83rd, Beckham of the 82nd, Miles of the 79th, Mulherin of the 81st and Dent of the 78th:
A Bill to be entitled an Act to amend an Act relating to public educa tion within Richmond County, so as to provide that the County Board of Education shall have the right to retain an attorney to advise and repre sent said County Board of Education; and for other purposes.

HB 906. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to implement the constitutional amendment creating the Catoosa County Development Authority; and for other purposes.

HB 907. By Messrs. Egan of the 25th, Lee of the 114th, Lane of the 40th, Odom of the 114th, Wilson of the 19th, Howard of the 19th, Kreeger of the 21st, Burton of the 47th, Horton of the 56th, Elliott of the 49th and Marcus of the 26th:
A Bill to be entitled an Act to provide that a member of any State board, bureau, commission or authority which is charged with the responsi bility of appointing the commissioner, director or chief executive officer by whatever name known, shall not be eligible to be appointed chief exectuive officer while a member of such board; and for other purposes.

HB 908. By Mr. Grahl of the 88th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Valley, so as to change the provisions relative to the chairman and members of the utilities commission; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 909. By Mr. Knight of the 65th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Southern Growth Policies Agreement"; and for other purposes.

HR 230-909. By Messrs. Evans of the 89th and Atherton of the 19th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to expand the purposes for which revenue anticipation obligations may be issued by any county, municipal cor poration or political subdivision of this State; and for other purposes.
HB 910. By Messrs. Levitas of the 50th, Geisinger of the 44th, Davis of the 56th, Elliott of the 49th and Harris of the 51st:
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.
SB 19. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the protection of life from smoke, fire, explosion or panic caused from the fear of fire in new and existing buildings used for the purposes such as medical or other treat ment for persons suffering from illness or infirmity and for the aged; and for other purposes.

SB 30. By Senators Webb of the llth and London of the 50th:
A Bill to be entitled an Act to create a Judicial Council of the State of Georgia; and for other purposes.

SR 62. By Senator Kidd of the 25th:
A Resolution to authorize the lease or conveyance of certain land in Baldwin County; and for other purposes.

SR 63. Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County; and for other purposes.

SR 64. By Senator Salter of the 17th:
A Resolution authorizing the conveyance of certain State-owned real property located in Butts County; and for other purposes.

MONDAY, FEBRUARY 26, 1973

1375

SR 81. By Senator Hill of the 29th:
A. Resolution authorizing the lease of certain real property located in Meriwether County, Georgia; and for other purposes.

SB 249. By Senator Reynolds of the 48th:
A Bill to be entitled an Act authorizing the Department of Transporta tion to establish and administer grant programs for the betterment of mass transportation systems and facilities throughout the State; and for other purposes.

SB 260. By Senator McDuffie of the 19th:
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 for other purposes.

SB 267. By Senator London of the 50th: A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to redefine injury and personal injury; to change the provisions relative to coverage of employers and employees; and for other purposes.
Mr. Levitas of the 50th 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 intstructed me to report the same back to the House with the following recommendations:
HB 94. Do Pass.
HB 743. Do Pass.
HB 745. Do Pass.
HB 746. Do Pass.
HB 758. Do Pass.
HB 759. Do Pass.
HB 760. Do Pass.

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HB 761. Do Pass.

HB 762. Do Pass.

HB 764. Do Pass.

HB 765. Do Pass.

HB 766. Do Pass.

HB 767. Do Pass.

HB 768. Do Pass. HB 769. Do Pass.

HB 770. Do Pass.

HB 772. Do Pass.

HB 773. Do Pass.

HB 774. Do Pass.

HB 775. Do Pass. HB 776. Do Pass. HB 777. Do Pass. HB 780. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 94. By Mr. Brown of the 67th: A Bill to be entitled an Act to amend an Act incorporating Peachtree City, as amended, so as to provide for additional territory which might be incorporated within said corporate limits; to stagger the terms of office of the councilmen; to change the dates on which elected officials shall take office; and for other purposes.

MONDAY, FEBRUARY 26, 1973

1377

The report 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 745. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the coroner of Habersham 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 105, nays 0.

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

HB 746. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Clarkesville, as amended, so as to authorize the Mayor and Council to close a portion of Hoyt Circle; and for other purposes.

The report 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 761. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Webster County, as amended, so as to change the compen sation of the Commissioner of Webster County; 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 105, nays 0.

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

HB 762. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Lumpkin, as amended, so as to eliminate the prohibi tions against the use of funds of the City to provide water and sewage service, natural gas, paving, or drainage to certain areas 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 105, nays 0.

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

HB 743. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act incorporating the City of Cornelia, as amended, so as to change the compensation of the mayor and 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 758. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the office of county treasurer for the County of Webster, as amended, so as to change the compensation of the treasurer; and for other purposes.

MONDAY, FEBRUARY 26, 1973

1379

The report 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 759. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating the office of county tax commissioner of Webster 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 760. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Webster County, known as the fee system; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 764. By Messrs. Beckham of the 82nd, Connell of the 80th, Dent of the 78th and others:
A Bill to be entitled an Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elec tions and the registration of electors; 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 765. By Messrs. Lewis and McCracken of the 77th and Nessmith and Lane of the 76th: A Bill to be entitled an Act to provide for the method of appointing successors to the present members of the Burke County Hospital Au thority; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 766. By Messrs. Colwell and Twiggs of the 4th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriffs' 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 105, nays 0.

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

HB 767. By Messrs. Rogers and Harden of the 128th:
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 provide for

MONDAY, FEBRUARY 26, 1973

1381

additional personnel within the sheriff's office; to change the compen sation of the sheriff and certain personnel within the sheriff's office; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 768. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, as amended, so as to increase the salaries of the clerks; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 769. By Messrs. Rogers and Harden of the 128th:
A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, as amended, so as to provide for the number and selection of jurors in said court; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

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HB 770. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Metter, as amended, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 772. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend "An Act to create a board of commissioners of roads and revenues for Butts County", as amended, so as to change the compensation of the commissioners; to repeal conflitcing laws; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 773. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
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, as amended, so as to change the provisions relating to deputy sheriffs; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

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

MONDAY, FEBRUARY 26, 1973

1383

HB 774. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Butts County, as amended, so as to change the method of selecting a chairman of said board; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 775. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, as amended, so as to change the com pensation of the tax commissioner; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 776. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Talbot County on an annual salary, as amended, so as to change the expense allowance of the sheriff; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

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HB 777. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 780. By Messrs. Walker of the 100th, Moyer of the 99th and Waddle of the 98th:
A Bill to be entitled an Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elec tions; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

By unanimous consent, the following Bill of the House was recommitted to the Committee on Industrial Relations for further study:

HB 259. By Messrs. Mullinax of the 65th, Grantham of the 127th, Harden of the 128th and others:
A Bill to be entitled an Act to assure safe and healthful working con ditions for working men and women; to authorize enforcement of the standards developed under this Act; and for other purposes.

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 and House, to-wit:

MONDAY, FEBRUARY 26, 1973

1385

HB 221. By Mr. Walker of the 100th:
A Bill to amend an Act creating a new charter for the City of Perry, so as to increase the qualifying fees of candidates for the offices of mayor and councilmen.

HB 222. By Mr. Walker of the 100th:
A Bill to amend an Act creating a new charter for the city of Perry, so as to provide that the mayor and councilmen shall be elected by a majority vote.

HB 254. By Mr. Irvin of the 10th:
A Bill to abolish the present mode of compensating the Coroner of Stephens County, known as the fee system; to provide in lieu thereof an annual salary.

HB 316. By Mr. Smith of the 91st:
A Bill to amend an Act placing the Ordinary of Emanuel County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary.

HB 373. By Mr. Ross of the 72nd:
A Bill to allow the tax commissioner in certain counties to retain as compensation a part of the fee collected for the sale of a motor vehicle license and tag and to retain as compensation a part of the fee collected for the transfer of a motor vehicle license and tag.

HB 414. By Messrs. Jones of the 109th, Alien of the 108th, Gignilliat of the 105th, and others:
A Bill to amend an Act creating a board of commissioners of Chatham County, so as to change the name of the commissioners of Chatham County and ex officio judges.

HB 422. By Mr. Brantley of the 92nd:
A Bill to amend an Act providing a salary for the sheriff of Candler County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff, the sheriff's deputies, supplies and equipment.

HB 423. By Mr. Brantley of the 92nd: A Bill to amend an Act creating a Board of Commissioners of Candler

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County, so as to change the provisions relative to the compensation of the chairman and members of said board.

HB 453. By Messrs. Berlin, Coney, and Dickey of the 89th and others:
A Bill to create the "Macon Transit Authority"; to prescribe the duties, powers, privileges, exemptions and immunities thereof.

HB 454. By Messrs. Buck of the 87th, Berry of the 86th, Adams of the 84th and others:
A Bill to further define and prescribe the powers and duties of the Columbus Airport Commission and the exercises thereof and to enlarge same.

HB 457. By Messrs. Patterson and Bohannon of the 64th:
A Bill to abolish the present mode of compensating the Coroner of Carroll County, known as the fee system; to provide in lieu thereof an annual salary.

HB 461. By Messrs. Matthews and Collins of the 122nd:
A Bill to amend an Act incorporating the Town of Riverside, so as to change the maximum amount of ad valorem taxation which the mayor and aldermen may levy and collect.

HB 486. By Mr. Castleberry of the 96th:
A Bill to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, so as to change the compensation pro visions relating to deputies.

HB 495. By Mr. Irvin of the 10th:
A Bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Stephens County, so as to change the provisions relative to the compensation of the employees.

HB 496. By Mr. Irvin of the 10th:
A Bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provision relative to the compensation of deputies and the secretary.

MONDAY, FEBRUARY 26, 1973

1387

HB 497. By Mr. Irvin of the 10th:
A Bill to amend an Act placing the Ordinary of Stephens County on an annual salary, so as to change the provisions relative to the compen sation of the Clerk appointed by the Ordinary.

HB 501. By Mr. Shanahan of the 7th:
A Bill to amend an Act creating the office of County Commissioner of Gordon County, so as to provide that the clerk of the commissioner shall be appointed by the commissioner and shall serve at the pleasure of the commissioner.

HB 502. By Mr. Morgan of the 70th:
A Bill to amend an Act establishing a new charter for the Town of Mansfield, so as to provide for councilmen to receive a fee for attending meetings.

HB 503. By Mr. Morgan of the 70th:
A Bill to amend an Act providing for the compensation of the mayor and councilmen of the municipality of Porterdale, so as to change the mayor and councilmen.

HB 510. By Messrs. Wheeler and Grantham of the 127th:
A Bill to amend an Act placing the sheriff of Bacon County on a an nual salary in lieu of the fee system of compensation, so as to change the minimum annual salary of the sheriff.

HB 511. By Messrs. Wheeler and Grantham of the 127th:
A Bill to amend an Act creating a Board of Commissioners for Bacon County, so as to provide for a change in the compensation of the Chair man and other members of the Board under certain conditions.

HB 512. By Messrs. Wheeler and Grantham of the 127th: A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner so as to authorize the tax commissioner to employ part-time personnel with the approval of the governing authority of Bacon County.
HB 514. By Messrs. Wheeler and Grantham of the 127th: A Bill to create and establish a Small Claims Court in and for Bacon County.

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HB 515. By Messrs, Rush of the 104th, and Brantley of the 92nd:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, so as to change the compensation of the chairman and members of the Board.

HB 516. By Messrs. Rush of the 104th and Brantley of the 92nd:
A Bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to change the compensation of the chairman and members of the Board of Education.

HB 517. By Messrs. Rush of the 104th and Brantley of the 92nd:
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 salary of the sheriff.

HB 518. By Messrs. Rush of the 104th and Brantley of the 92nd:
A Bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the clerk.

HB 521. By Mr. Carrell of the 71st:
A Bill to amend an Act creating the Walnutgrove-Youth Water Au thority, so as to correct a typographical error in Section 3 (b).

HB 524. By Mr. Irvin of the 10th:
A Bill to amend an Act incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits.

HB 525. By Mr. Irwin of the 113th:
A Bill to amend an Act abolishing the mode of compensating the Sheriff of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation of the deputy sheriff.
HB 538. By Messrs. Collins and Matthews of the 122nd:
A Bill to amend an Act creating the City Court of Camilla, so as to change the maximum salary to be paid to the judge and solicitor of said court,

MONDAY, FEBRUARY 26, 1973

1389

HB 540. By Messrs. Adams of the 14th, Lowrey of the 15th, and Toles of the 16th:
A Bill to provide for the method of filling vacancies in the membership of the Hospital Authority of Floyd County.

HB 484. By Mr. Ross of the 72nd:
A Bill to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change the compensation of the clerk of the superior court.

HB 499. By Mr. Ross of the 72nd:
A Bill to amend an Act creating a new charter for the City of Lincolnton, so as .to change the qualifications of mayor and councilman.

HB 526. By Mr. Phillips of the 73rd:
A Bill to amend an Act placing certain of the county officers of Co lumbia County on an annual salary, so as to change the compensation of the clerk of the superior court, and the sheriff of Columbia County.

HB 527. By Mr. Phillips of the 73rd:
A Bill to amend an Act creating the Board of Commissioners of Co lumbia County, so as to change the compensation of the Chairman of said Board.

HB 528. By Mr. Phillips of the 73rd:
A Bill to create and establish a Small Claims Court in and for Columbia County.

HB 349. By Mr. Vaughn of the 57th:
A Bill to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of pro viding personnel and equipment for the control of traffic, so as to pro vide that the Fiscal Division of the Department of Administrative Services shall make computations and payments of the individual mu nicipal grants.

SB 17. 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

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State, as amended, so as to provide for the payment into the county treasury of any moneys over and above the payment of expenses and court costs.

SB 139. By Senator Stephens of the 36th:
A Bill to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof.

SB 195. By Senator Webb of the llth:
A Bill to amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to redefine the word "project".

SB 231. By Senator London of the 50th: A Bill to create the White County Water and Sewerage Authority.
\
SB 240. By Senator Stephens of the 36th: A Bill to amend an Act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County) so as to authorize the destruction of certain records.

SB 242. By Senator Stephens of the 36th:
A Bill to repeal an Act providing that in counties having a population over 500,000, the Tax Commission shall retain the physical custody of all tax deeds as agent for the grantee.

SB 243. By Senator Stephens of the 36th:
A Bill to repeal an Act providing that in counties having a population over 500,000, the sale or transfer of tax fi. fas. shall be optional with the Tax Commissioner.

SB 255. By Senators Parker of the 31st, Wasden of the 2nd and Salter of the 17th:
A Bill to prohibit cutting, harvesting, removing or eradicating sea oats.

SB 263. By Senator Overby of the 49th:
A Bill to amend an Act incorporating and granting a new charter to the City of Oakwood, so as to provide for the minimum width of the driving surface of streets.

MONDAY, FEBRUARY 26, 1973

1391

SB 266. By Senator London of the 50th:
A Bill providing coverage for certain employees of the political subdivi sions of this State under the Social Security Act, approved Feb. 21,1951, as amended, so as to make provisions for cooperative educational service agencies.

SB 270. By Senator Broun of the 46th:
A Bill to amend an Act reincorporating the Town of Watkinsville, as amended, Mayor shall be elected by a majority vote.

SB 285. By Senator Reynolds of the 48th:
A Bill authorizing the Department of Transportation to provide finan cial support to municipalities, counties, authorities, State agencies and instrumentalities for clearing, dredging, or maintaining free from ob struction the ports, seaports or harbors of this State.

SB 5. By Senators London of the 50th, and Kidd of the 25th:
A Bill to amend an Act known as the "Current Income Tax Payment Act of 1960", as amended, so as to change the date for making quarterly returns.

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

SR 46. By Senator Webb of the llth:
A Resolution creating a Joint Committee for the Study and Recommen dation of Pattern Jury Instructions.

SR 76. By Senators McGill of the 24th, Dean of the 6th, and Kennedy of the 4th:
A Resolution urging the Secretary of Agriculture to establish the sup port price for manufacturing milk for the marketing year beginning April 1, 1973, at the level of 85 percent of the parity price.

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-Wit:
HB 268. By Messrs. Rainey of the 115th and Peters of the 2nd: A Bill to provide for the organization of the Board of Natural Re sources; to provide a short title.

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SB 250. By Senator Reynolds of the 48th:
A Bill to provide for the licensing of open to the public airports by the Department of Transportation; to provide the procedure connected therewith.

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

SB 5. By Senators London of the 50th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Current In come Tax Payment Act of 1960", so as to change the date for making quarterly returns; and for other purposes.
Referred to the Committee on Ways and Means.

SB 17. 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 ex penses and court costs; and for other purposes.
Referred to the Committee on Judiciary.

SR 46. By Senator Webb of the llth:
A Resolution creating a Joint Committee for the Study and Recommen dation of Patten Jury Instructions; and for other purposes.
Referred to the Committee on Judiciary.

SR 76. By Senators McGill of the 24th, Dean of the 6th and Kennedy of the 4th:
A Resolution urging the Secretary of Agriculture to establish the sup port price for manufacturing milk for the marketing year beginning April 1, 1973, at the level of 85% of the partly price; and for other purposes.
Referred to the Committee on Agriculture.

SB 139. By Senator Stephens of the 36th:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, FEBRUARY 26, 1973

1393

SB 195. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to redefine the word "project"; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 231. By Senator London of the 50th: A Bill to be entitled an Act to create the White County Water and Sewerage Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 240. By Senator Stephens of the 36th: 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 thorize the destruction of certain records; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 242. By Senator Stephens of the 36th: A Bill to be entitled an Act to repeal an Act providing that in counties having a population over 500,000, the Tax Commissioner shall retain the physical custody of all tax deeds as agent for the grantee; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 243. By Senator Stephens of the 36th: A Bill to be entitled an Act to repeal an Act providing that in counties having a population over 500,000, the sale or transfer of tax fi. fas. shall be optional with the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 250. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to provide for the licensing of open to the public airports by the Department of Transportation; and for other purposes.
Referred to the Committee on Highways.

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SB 255. By Senators Parker of the 31st, Wasden of the 2nd and Salter of the 17th:
A Bill to be entitled an Act to prohibit cutting, harvesting, removing or eradicating sea oats; and for other purposes.
Eeferred to the Committee on Natural Resources.

SB 263. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act incorporating and grant ing a new charter to the City of Oakwood, so as to provide for the minimum width of the driving surface of streets; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 266. By Senator London of the 50th:
A Bill to be entitled an Act providing coverage for certain employees of the political subdivisions of this State under the Social Security Act, so as to make provisions for cooperative educational service agencies; and for other purposes.
Referred to the Committee on Retirement.

SB 270. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Watkinsville, so as to provide that the Mayor shall be elected by a majority vote; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 285. By Senator Reynolds of the 48th:
A Bill to be entitled an Act authorizing the Department of Transpor tation to provide financial support to municipalities, counties, author ities, State agencies and instrumentalities for clearing, dredging, or maintaining free from obstruction the ports, seaports or harbors of this State; and for other purposes.
Referred to the Committee on Highways.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

MONDAY, FEBRUARY 26, 1973

1395

HB 264. By Messrs. Burruss of the 21st, Egan of the 25th, Levitas of the 50th and others:
A Bill to be entitled an Act to provide for the regulation of the sale of securities; to provide that certain practices shall be unlawful; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to regulate the sale of securities in this State; to provide for a short title; to provide for definitions; to provide for the registration of dealers, limited dealers, salesmen and limited sales men; to provide for examinations and fees therefor; to provide for the refusal of registrations; to provide for the renewal of registrations; to provide for fees for initial registrations and renewal registrations; to provide for bonds; to provide for records and the preservation thereof; to provide for the examination of records by representatives of the Com missioner; to provide for the suspension or revocation of registration of dealers, limited dealers, salesmen and limited salesmen; to provide for the registration of securities; to provide for registration statements; to provide that registration statements shall contain certain information; to provide for registrations by notification; to enumerate certain provi sions generally applicable to securities registrations; to provide for the denial, suspension and revocation of registrations; to provide for exempt securities; to provide for exempt transactions; to provide that the Sec retary of State shall administer the provisions of this Act; to designate the Secretary of State as the Commissioner of Securities; to authorize the Commissioner to employ examiners, clerks, stenographers and other employees; to authorize the Commissioner to promulgate rules and regu lations; to provide for the compensation and expenses of persons em ployed by the Commissioner; to authorize the Commissioner to appoint an Assistant Commissioner and to delegate such of his powers and duties to such Assistant as he desires; to provide for investigations and sub poenas; to declare certain practices unlawful; to provide for the injunc tion and prosecution of violations; to provide for criminal penalties; to provide for civil liability from sales of securities; to provide for ap peals ; to provide for hearings; to provide for consent to service; to pro vide for certain credit transactions; to provide for immunity; to provide for evidentiary matters; to provide that prior law governs all suits, actions, prosecutions or proceedings pending or initiated before the effec tive date of this Act; to provide for prior registrations; to provide for judicial review; to provide for all matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short Title. This Act shall be known as and may be cited as the "Georgia Securities Act of 1973".

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Section 2. Definitions, (a) Unless clearly indicated otherwise by the context, the following terms when used in this Act, for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section:

(1) "Affiliate" of, or a person affiliated with, a specified per son, means a person who directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common con trol with the person specified. Any beneficial owner of 20 percent or more of the voting securities of a person or any executive officer, director, trustee, or general partner of a person is an affiliate of such person unless such shareholder, executive officer, director, trustee, or general partner shall prove that he in fact does not control, is not controlled by, and is not under common control with such person.

(2) "Beneficial owner" means, with regard to any securities, any person who owns such securities or who enjoys benefits sub stantially equivalent to ownership. A person's beneficial ownership of securities shall be deemed to include, but shall not be limited to, any securities owned by: his spouse; his minor children; any revo cable trust of which he is a settlor; any trust of which he, his spouse, and his minor children have an aggregate vested beneficial interest of 20 percent or more in the income or the corpus; any partnership in which he is a general partner; any corporation of which he is the beneficial owner of 20 percent or more of the outstanding voting securities or of which he is an executive officer if such corporation has no substantial business other than investment in securities; or any ancestor, sibling, or lineal descendant of his who resides in his home.

(3) "Commissioner" means the Commissioner of Securities of this State.

(4) "Control" (including the terms "controlling", "controlled by" and "under common control with") means the possession, direct or indirect, of the power to direct or cause the direction of the man agement and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.

(5) "Dealer" means every person, other than a salesman, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, sell ing or other dealing or trading in securities issued by another per son, but does not include a bank or trust company, or any person insofar as such person buys or sells securities for his own account, either individually or in some fiduciary capacity, other than as a part of a regular business, and does not include individuals who are general partners or executive officers of an issuer offering or sell ing securities of such issuer unless they are paid a commission for the sale of such securities.

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1397

(6) "Executive officer" means the chief executive officer, the president, the principal financial officer, the principal operating of ficer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secre tary, the treasurer, or any other person performing similar func tions with respect to any organization whether nicorporated or un incorporated.

(7) "Issuer" means every person who issues or proposes to issue any security; except that with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates, or with re spect to certificates of interest or shares in an unincorporated in vestment trust not having a board of directors (or persons perform ing similar functions) or of the fixed, restricted management, or unit type, the term "issuer" means the person or persons perform ing the acts and assuming the duties of depositor or manager pur suant to the provisions of the trust or other agreement or instrument under which such securities are issued; except that in the case of an unincorporated association which provides by its articles for lim ited liability of any or all of its members, or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity; except that with respect to equipment-trust certificates or like securities, the term "issuer" means the person by whom the equipment or property is or is to be used; and except that with respect to fractional un divided interests in oil, gas, or other mineral rights, the term "is suer" means the owner of any such right or of any interest in such right (whether whole or fractional) who creates fractional interests therein for the purpose of public offering.

(8) "Limited dealer" means a dealer who is authorized under this Act to sell or offer for sale only a certain issue of or a certain class of securities specified by the Commissioner.

(9) "Limited salesman" means a salesman who is authorized under this Act to sell or offer for sale only a certain issue of or a class of securities specified by the Commissioner.

(10) "Majority-owned subsidiary" means a subsidiary more than 50 percent of whose outstanding securities representing the right, other than as affected by events of default, to vote for the election of directors, is owned by the subsidiary's parent, by one or more of the parent's other majority-owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majorityowned subsidiaries.

(11) "Parent" of a specified person means an affiliate con trolling such person directly, or indirectly through one or more intermediaries.

(12) "Person" means an individual, a corporation, a partner ship, an association, a joint stock company, a trust or any unincor porated organization.

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(13) "Prospectus" means any prospectus, notice, circular, ad vertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security; except that (i) a confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of Section 5(a)(3) at the time of such confirmation, was sent or given to the person to whom the confirmation was sent or given, and (ii) a notice, circular, advertisement, sales literature, letter or com munication in respect of a security shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of Section 5(a) (3) may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and contain such other information as the Commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit.

(14) "Sale" or "sell" means and shall include every contract of sale or disposition of a security or interest in a security, for value. The term "offer to sell", "offer for sale", or "offer" shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. The terms de fined in this subsection shall not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer, or any person on whose behalf an offering is to be made. Any security given or delivered with, or as a bonus on account of, any purchase of se curities or any other thing, shall be conclusively presumed to con stitute a part of the subject of such purchase and to have been of fered and sold for value. The issue or transfer of a right or privi lege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person, or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other secur ity; but the issue or transfer of such other security upon the exer cise of such right of conversion or subscription shall be deemed a sale of such other security.

(15) "Salesman" means an individual other than a dealer or a limited dealer, employed or appointed or authorized by a dealer, lim ited dealer, or by an issuer, to sell securities in this State. The gen eral partners or executive officers of a dealer or a limited dealer engaged in the offer or sale of securities, and the general partners or executive officers of an issuer offering or selling securities of such issuer shall not be deemed to be salesmen within the meaning of this definition unless they are paid a commission for the sale of
such securities.

MONDAY, FEBRUARY 26, 1973

1399

(16) "Security" means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, in vestment certificate, certificate of interest or participation in any profit-sharing agreement, certificate of interest in oil, gas or other mineral rights, collateral trust certificates, preorganization cer tificate or subscription, transferable share, investment contract, voting-trust certificate, limited partnership interest, or beneficial interest in profits or earnings, or any other instrument commonly known as a security, including any certificate of interest or partic ipation in, temporary or interim certificate for, receipt for, guaran tee of, or warrant or right to subscribe to or purchase, any of the foregoing. "Security" shall not mean any insurance or endowment policy or annuity contract under which an insurance company pro mises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period, nor to any vari able annuity contract as provided for and regulated under the Geor gia Insurance Code and issued by a life insurance company licensed to do business in the State of Georgia, nor shall it mean any interest in a residential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income derived from the rental of units owned by others.

(17) "Securities of the same class" means (i) all common stock of an issuer, regardless of varying series or designations and all se curities convertible into common stock or conferring the right to acquire common stock, or (ii) all preferred stock of an issuer, re gardless of varying preferences, series, or designations and all se curities convertible into preferred stock or conferring the right to
acquire preferred stock.

(18) "Significant subsidiary" means a subsidiary meeting any one of the following conditions:

(i) The assets of the subsidiary, or the investments in and ad vances to the subsidiary by its parent and the parent's other sub sidiaries, if any, exceed 10 percent of the assets of the parent and its subsidiaries on a consolidated basis.

(ii) The sales and operating revenues of the subsidiary exceed 10 percent of the sales and operating revenues of its parent and the parent's subsidiaries on a consolidated basis.
(iii) The subsidiary is the parent of one or more subsidiaries and, together with such subsidiaries, would, if considered in the aggregate, constitute a signifcant subsidiary.
(19) "Subsidiary" of a specified person is an affiliate con trolled by such person directly or indirectly through one or more intermediaries.

(20) "Underwriter" means any person who has purchased from an issuer or an affiliate of an issuer with a view to, or offers or

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sells for an issuer or an affiliate of an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; provided, however, that a person shall not be consid ered an underwriter with respect to any securities which he has owned beneficially for at least one year; and provided further, that a dealer shall not be considered an underwriter with respect to any securities which do not represent part of an unsold allotment to or subscription by the dealer as a participant in the distribution of such securities by the issuer or an affiliate of the issuer; provided further, that in the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person shall include the period during which the convertible security was beneficially owned and the period during which the security ac quired on conversion has been beneficially owned.

(b) The rules of statutory construction contained in Chapter 102-1 of the Code of Georgia of 1933, as now or hereafter amended, shall apply to the provisions of this Act.
Section 3. Registration of Dealers and Salesmen, (a) No dealer, limited dealer, salesman or limited salesman shall offer for sale or sell any securities within or from this State, except in transactions exempt under subsection (a), (b), (f), (g), (h), (i), (k), (1), (m) or (n) of Section 9, unless he is a registered dealer, limited dealer, salesman or limited salesman pursuant to the provisions of this Section; provided, however, that real estate salesmen licensed to sell real estate in this State shall not be required to register as salesmen or limited salesmen under this Act in connection with the sale by them of a security con sisting of any interest in a residential unit and any rental management arrangement relating thereto.
(b) Dealers and Limited Dealers. Application for registration as a dealer may be made by any person. Such application for registration shall be made in writing in a form prescribed by the Commission, shall be executed by the applicant, shall be duly verified under oath, shall be filed in the office of the Commissioner, and shall contain the following information:
(1) The name of the applicant.
(2) The address of the principal place of business of the appli cant, and the addresses of all branch offices of the applicant in this State.
(3) The form of business organization and the date of organiza tion of the applicant.
(4) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, affiliate, or executive

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officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten (10) years.

(5) A brief description of the general character of the business conducted or proposed to be conducted by the applicant.

(6) A list of any other states in which the applicant is reg istered as a securities broker, dealer or salesman, and, if registra tion of the applicant as a securities broker, dealer or salesman has ever been denied, revoked, suspended or withdrawn, or if such a proceeding is pending in any state, full details with respect thereto.

(7) Whether the applicant is registered as a broker or dealer under the Securities Exchange Act of 1934 or any Act adopted in amendment thereof and whether any such registration of the appli cant has ever been denied, revoked or suspended or is then the sub ject of proceedings for revocation or suspension by the Securities and Exchange Commission.
(8) The names of all organizations of securities brokers or dealers of which the applicant is a member or before which any ap plication for membership on the part of the applicant is then pend ing, and whether any membership of the applicant in any such or ganization has ever been denied, revoked or suspended or is then the subject of proceedings for revocation or suspension.
(9) The names of any securities exchanges of which the ap plicant or any of its partners, limited partners, directors, affiliates, or executive officers is a member, and whether any such member ship has ever been denied, revoked or suspended or is then the sub ject of proceedings for revocation or suspension.
(10) A balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing un less the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the fiscal year preceding such last fiscal year. Such balance sheets shall be prepared in accordance with generally ac cepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(11) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities busi ness, has ever been convicted of, or is currently being prosecuted for, a misdemeanor of which fraud is an essential element or which

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involves a security or any aspect of the securities business, or has ever been convicted of, or is currently being prosecuted for, a felony, and if so, all pertinent information with respect to such injunction, disciplinary proceeding, prosecution or conviction.

The Commissioner may waive the furnishing of any information required by this subsection (b) and may require such additional informa tion as to the previous history, records or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the ap plicant should be registered as a dealer under the provisions of this Act.

No applicant shall be registered as a dealer under this Act, nor any such registration be renewed, unless each principal of such applicant has passed a written examination administered by the Commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the Commissioner showing that each principal has previously passed a similar examination conducted by the National Asso ciation of Securities Dealers, Inc., or any other examination substantially similar to that given by the Commissioner, as the Commissioner may determine. The Commissioner is further authorized to prescribe the time, manner or procedure relative to the holding of such examination, and may impose a fee against each principal taking said examination to cover the costs thereof, not to exceed $15. For the purposes of this Sec tion 3 (b) only, with respect to a dealer or an applicant for registration as a dealer, the term "principal" refers to a person associated with such dealer or applicant who is engaged in the management of such dealer's or applicant's business, including the supervision, solicitation or conduct of such business, or the training of persons associated with such dealer or applicant for any of these functions.

There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Commissioner in actions against such applicant in the manner and form hereinafter provided in Section 18, and payment of the prescribed registration fee.

When an applicant has fully complied with the provisions of this subsection and subsections (g), (h) and (i), the Commissioner shall register such applicant as a dealer unless he shall find that the applicant is not of good business reputation, or does not comply with the bonding requirements of this Act, or does not appear qualified by training or experience to act as a dealer in securities. When the Commissioner has registered an applicant as a dealer, he shall immediately notify the ap plicant of such registration.

The procedure and requirements relative to the registration of a dealer as provided in this subsection (b) shall likewise apply to the registration of a limited dealer, except that an applicant for registration as a limited dealer shall furnish the Commissioner, as part of his ap plication, information as to the particular issue or class of securities which he desires to sell or offer for sale. Any license, certificate or other evidence of registration issued by the Commissioner to a limited dealer shall specify the issue or class of securities which such registration au thorizes such limited dealer to sell or offer for sale.

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(c) Salesmen and Limited Salesmen. Application for registration as a salesman may be made by any individual. Such application for reg istration shall be made in writing in a form prescribed by the Commis sioner, shall be executed by the applicant and by the dealer, limited dealer or issuer employing or proposing to employ such applicant, shall be duly verified under oath, shall be filed in the office of the Com missioner, and shall contain the following information:

(1) Name and residence and business address of the applicant.

(2) Name of the dealer, limited dealer or issuer employing or proposing to employ the applicant.

(3) Names and addresses of three persons of whom the Com missioner may inquire as to the character and business reputation of the applicant.

(4) Applicant's age and education.

(5) The nature of employment and names and addresses of em ployers of the applicant for the period of ten years immediately preceding the date of application.

(6) Other state or federal laws under which the applicant has ever been registered as a securities broker, dealer or salesman, and, if any such registration has ever been refused, canceled, suspended or revoked, or if such a proceeding is pending, full details with re spect thereto.

(7) Whether the applicant has ever been subject to any injunc tion or disciplinary proceeding of the Securities and Exchange Com mission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of, or is currently being prosecuted for, a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of, or is currently being prosecuted for, a felony, and if so, all pertinent information with respect to such injunction, disciplinary proceeding, prosecution, or conviction.

The Commissioner may waive the furnishing of any information re quired by this subsection (c) and may require such additional informa tion as to applicant's previous business experience as he may deem nec essary to determine whether or not the applicant should be registered as a salesman under the provisions of this Act. There shall be filed with such application payment of the prescribed registration fee.

When an applicant has fully complied with the provisions of this subsection and subsections (g), (h) and (i), the Commissioner shall register such applicant as a salesman, unless he finds that such ap plicant is not of good business reputation, or does not appear to be quali fied by training, experience or knowledge of the securities business to act as a salesman of securities. When the Commissinoner has registered

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an applicant as a salesman, he shall immediately notify the applicant of such registration.

No dealer, limited dealer or issuer shall employ any salesman or limited salesman who is not registered as required by this Act and each such person shall promptly notify the Commissioner of the termination of the employment by him of a salesman or limited salesman; and the registration of such salesman or limited salesman shall automatically be terminated from the time of termination of such employment. Any li cense, certificate or other evidence of such registration which such sales man or limited salesman has been issued shall immediately be returned to the Commissioner.

The procedure relative to the registration of a salesman as provided in this subsection shall likewise apply to the registration of a limited salesman, except that an applicant for registration as a limited salesman shall furnish the Commissioner with information as to the particular issue or class of securities which he desires to sell or offer for sale. Any license, certificate or other evidence of registration issued by the Com missioner to a limited salesman shall specify the issue or class of se curities which such registration authorizes such limited salesman to sell
or offer for sale.

No applicant shall be registered as a salesman or limited salesman under this Act, nor any such registration be renewed, unless such person has passed a written examination administered by the Commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the Commissioner showing that he has previously passed a similar examination conducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the Commissioner, as the Commissioner may determine. The Commissioner is further authorized to prescribe the time, manner and procedure relative to the holding of such examination, and may im pose a fee against such applicant taking said examination to cover the costs thereof, not to exceed $15.

There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Commissioner in actions against such applicant in the manner and form hereinafter provided in Section 18.

(d) Refusal of Registration. If, after affording an applicant a hearing or an opportunity for a hearing as provided in Section 17, the Commissioner finds that there are sufficient grounds to refuse to reg ister such applicant as provided in this Section, he shall enter an order refusing to register such applicant. Such order shall state specifically the grounds for its issuance. A copy of such order shall be mailed to the applicant at his business address, and, if the application is for registra tion as a salesman or limited salesman, to the dealer or limited dealer or issuer who proposed to employ such applicant.

(e) If the Commissioner shall find that an applicant has committed any act or made any omission which would constitute a sufficient ground for revocation of a dealer's, limited dealer's, salesman's or limited sales-

MONDAY, FEBRUARY 26, 1973

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man's registration under Section 4 of this Act, such act or omission may constitute a sufficient ground for a finding by the Commissioner, under subsection (b) or subsection (c) of this Section, that such applicant is not of "good business reputation".

(f) Record and Renewal of Registrations. Every registration under this Section shall expire on the 31st day of December in each year. Reg istration of dealers, limited dealers, salesmen, and limited salesmen must be renewed each year by the submission of a renewal application con taining the information required in an application for registration, to the extent that such information had not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and in the case of a dealer or limited dealer, by the filing of a balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the preced ing fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.

Upon any change in the general partners, limited partners, directors, affiliates or executive officers of a dealer or limited dealer, such dealer or limited dealer shall promptly notify the Commissioner and shall furnish to him in writing such information concerning such persons which has not previously been filed as required in an original applica tion for registration.

(g) Fees. The fee for the initial registration of a dealer shall be $250. The annual renewal fee for a dealer shall be $50. The initial reggistration fee for a limited dealer shall be $100. The annual renewal fee for a limited dealer shall be $50. The initial registration fee for each salesman and each limited salesman shall be $50. The annual renewal fee for each salesman and each limited salesman shall be $10.

(h) Except as otherwise provided herein, no applicant shall be reg istered as a dealer, limited dealer, salesman or limited salesman under this Act, nor shall any such registration be renewed, until such applicant files with the Commissioner bond satisfactory to the Commissioner in the sum of twenty-five thousand dollars ($25.000) as to dealers and limited dealers, and two thousand five hundred dollars ($2,500) as to salesmen and limited salesmen, payable to the State of Georgia for the use of all interested persons, and conditioned upon the faithful compliance by the principal with any and all provisions of this Act and any regulations and orders issued by the Commissioner. Any such bond may be cancelled by the principal or surety by giving notice to the Commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic can cellation of the principal's registration until new bond satisfactory to the Commissioner is filed. Any cause of action on such bond must be brought within two (2) years after accrual thereof. The amounts above

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prescribed for the bonds required of salesmen, limited salesmen, dealers and limited dealers shall be construed as being the aggregate liability recoverable against such bonds, regardless of the number of claimants, and shall not be construed as individual liability.

The requirement for the filing of such bond by an applicant for registration, or renewal of registration, as a dealer or limited dealer shall not be applicable if the most recent certified balance sheet filed by such applicant pursuant to this Section 3, and any subsequent noncertified balance sheet so filed, shall show that such applicant had, as of the dates of such balance sheets, a net worth of not less than $250,000 as determined in accordance with generally accepted accounting prin ciples. The requirement for the filing of such bond by an applicant for registration or renewal of registration as a salesman or limited sales man shall not be applicable if the dealer or limited dealer by whom such applicant is employed, or is to be employed, is not subject to the bond requirements of this Section.

(i) Every dealer, limited dealer, salesman or limited salesman reg istered under this Act shall make and keep such accounts and other records with respect to sales of securities in this State, whether or not pursuant to exemptions contained in Section 8 or Section 9 of this Act, as the Commissioner may by rule or regulation require. All records so required shall be preserved for five years unless the Commissioner shall provide otherwise. All records of such dealers, limited dealers, salesmen or limited salesmen are subject to such reasonable periodic, special or other examinations by representatives of the Commissioner, within or without this State, as the Commissioner deems necessary or appropriate in the public interest or for the protection of investors.

Section 4. Suspension or Revocation of Registration of Dealers and Salesmen, (a) The registration of any dealer, limited dealer, salesman or limited salesman may be suspended or revoked by the Commissioner as provided in subsection (b) hereof if he finds that such registrant, and in the case of a dealer or limited dealer, any general partner, limited partner, director, affiliate or executive officer of such dealer or limited dealer:

(1) Has willfully made or caused to be made in any application for registration under this Act, or in any hearing conducted by the Commissioner, any statement which was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, or has willfully omitted to state in any such application any material fact which is required to be stated therein;

(2) In the case of a dealer or limited dealer, does not meet the bonding requirements of this Act, or is insolvent in the sense that he cannot meet his obligations as they mature.

(3) Has willfully violated or willfully failed to comply with any provision of this Act or a predecessor Act, or any regulation or order promulgated or issued under this Act or any predecessor Act;

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(4) Has been convicted of a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of a felony;

(5) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business;

(6) Is subject to any currently effective order of the Securities and Exchange Commission or the securities administrator of any other State denying registration to or revoking or suspending the registration of such person as a dealer, or is subject to any currently effective order of any national securities association or national se curities exchange (as defined in the Securities Exchange Act of 1934, as now or hereafter amended) suspending or expelling such person from membership in such association or exchange;

(7) Conducts business in purchasing or selling securities at such variations from current market prices, or fair value in the case of securities for which there is no determinable market value, as, in the light of all the circumstances, are unconscionable; or

(8) Has failed to file with the Commissioner any financial statement required pursuant to subsection (c) below.

(b) Where the Commissioner reasonably believes that there are grounds for revocation or suspension as hereinbefore provided, he may issue an order requiring a dealer, limited dealer, salesman or limited salesman to show cause why his registration should not be suspended or revoked, or where the Commissioner deems the danger to the public to be imminent, he may temporarily suspend the registration of a dealer, limited dealer, salesman or limited salesman prior to any hearing, such order in the latter event to expire automatically if the Commissioner fails to afford the registrant a hearing or an opportunity for hearing as provided in Section 17 of this Act.

Any hearing held pursuant to this Section 4 shall conform to the requirements of Section 17 of this Act. After hearing, if the Commis sioner finds that grounds for revocation or suspension exist, the Com missioner may enter an order revoking or suspending such registration. Any order issued under this subsection shall state specifically the grounds for its issuance, but the technical rules of pleading applicable in court proceedings shall not apply thereto. A copy of any order issued under this Section shall be sent by registered mail to the person affected thereby at his business address, and, if the suspension or revocation is of the registration of a salesman or limited salesman, to the dealer or limited dealer who employs such salesman or limited salesman.

Suspension or revocation of the registration of a dealer or limited dealer shall also suspend or revoke the registration of all his salesmen or limited salesmen; but suspension or revocation of the registration of a salesman or limited salesman solely because he was employed by a dealer or limited dealer whose registration was suspended or revoked

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shall not prejudice subsequent application for registration by such sales man or limited salesman.

(c) The Commissioner may at any time require a dealer or limited dealer to file with him a financial statement showing the financial con dition of such dealer or limited dealer as of the most recent practicable date, but such financial statement need not be certified.

Section 5. Registration of Securities. It shall be unlawful for any person to offer for sale or to sell any securities to any person in this State unless (i) they are subject to an effective registration statement under this Act, or (ii) the security or transaction is exempt under Sec tion 8 or Section 9 hereof, respectively.

(a) Registration by Qualification.

(1) Any security may be registered by qualification under the terms and conditions hereinafter provided by filing a registration statement which shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or per sons performing similar functions (or, if there is no board of di rectors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer). A registration statement shall be deemed effective only as to the securities specified therein as proposed to be offered.
(2) The registration statement shall contain the information specified in Section 5(b) (1) and shall be accompanied by the documents specified in Section 5(b) (2), except that the Com missioner may by rules or regulations provide that any such in formation or document (other than the requirements with respect to financial statements provided in Section 5(b) (1) need not be included with respect to any class of issuers or securities if he finds that the requirement of such information or document is in applicable to such class and that disclosure fully adequate for the protection of investors is otherwise required to be included within the registration statement. If any accountant, attorney, engineer, or appraiser, or any person whose profession gives authority to a statement made by him, is named in the registration statement as having prepared an opinion referred to in the registration state ment or as having certified any part of the registration statement, or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written con sent of such person to the references to him in the registration state ment shall be filed with the Commissioner prior to the effectiveness of the registration statement. Any such registration statement shall contain such other information, and be accompanied by such other documents, as the Commissioner may by rules or regulations re quire as being necessary or appropriate in the public interest or for the protection of investors. Each registration statement which is filed hereunder shall be accompanied by the payment of the filing fee prescribed in Section 6 (a), an issuer's bond required by Sec tion 6(b), and, if required under Section 6(c), a consent to ser vice of process meeting the requirements of Section 18.

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(3) A prospectus which is part of a registration statement effective under this Section 5 (a) and which contains the informa tion specified in Section 5(b)(l), except to the extent modified by rules or regulations promulgated by the Commissioner as pro vided in paragraph (2) above, shall be delivered to any purchaser prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first.
(4) (i) Any person who purchases securities registered under this Section 5(a) from the issuer, any affiliate of such issuer or underwriter shall have the unqualified and unwaivable right to rescind such purchase within 72 hours of the execution by such person of a written agreement to purchase, the delivery of con firmation of sale, or the payment for such securities, whichever shall occur first. Such recission shall be effective upon actual de livery or mailing of notice of recission to the person specified in subparagraph (xvi) of Section 5(b) (1).
(ii) It shall be unlawful for any person speciefid in subparagraph (xvi) of Section 5(b) (1) as the person responsible for making any repayment required in subparagraph (ii) above to fail to return within seven days of receipt of notice of rescission any consideration received from a person exercising the right of rescis sion specified in subparagraph (i) above. Any part of such con sideration which consists of an abligation on the part of a person exercising said right of rescission which was entered into in con nection with the transaction rescinded and which required such person to make future payments to the issuer, affiliate of such issuer, or underwriter shall be marked cancelled and shall be re turned to such person exercising said right of rescission. Within seven days of receipt by such person exercising said right of res cission of all consideration given to the issuer, affiliate of such issuer or underwriter in connection with the transaction rescinded, such person exercising said right of rescission shall deliver to the person specified in subparagraph (xvi) of Section 5(b) (1) any se curities issued in connection with the transaction rescinded.
(iii) Following receipt of notice of rescission by the person specified in subparagraph (xvi) of Section 5(b) (1) as the person responsible for making any repayment required in subparagraph (ii) above, it shall be unlawful for any agent of the issuer, of an affiliate of such issuer, or of an underwriter to contact such per son exercising the right of rescission specified in subparagraph (i) above for the purpose of influencing such person exercising said right of rescission to withdraw any notice of rescission or for the purpose of making further sales of any securities of such issuer until all consideration given to the issuer, affiliate of such issuer or underwriter has been returned to such person exercising said right of rescission, as provided in subparagraph (ii) above.
A registration statement under this subsection (a) becomes effec tive when the Commissioner so orders.
(b) Registration Statement.

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(1) Every registration statement filed under Section 5(a) shall contain the following information:

(i) with respect to the issuer: its name, street address, form of organization and its telephone number; the State or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged;

(ii) with respect to every director and officer of the issuer, or person occupying a similar status or performing similar functions: his name, address, and principal occupation for the past five (5) years; any criminal convictions or pending criminal proceedings involving the sale of securities of any such person or any dis ciplinary action taken or pending against any such person by the Securities and Exchange Commission, the National Association of Securities Dealers, the Commissioner, or any State securities, regu latory authority; the amount of securities of the issuer held by him as of a specified date within thirty (30) days of the filing of the registration statement; and a statement (including price informa tion) of all transactions by such person in securities of the issuer beneficially owned by him during the two years preceding such date; the amount of the securities covered by the registration state ment to which he has indicated his intention to subscribe; and with respect to each such person and any affiliate of such person or affiliate of a person specified in subparagraphs (v) or (vi) below, a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three (3) years or proposed to be effected;

(iii) with respect to any person named as serving or as having agreed to serve as an advisory director of the issuer or in a similar capacity, a description of the exact relationship that will exist be tween the issuer and such person; the compensation paid to such person to serve in such capacity, the amount of time that such per son will actually spend on the affairs of the issuer, and each such person shall file with the Commissioner a written consent to the use of his name in the prospectus prior to the effectiveness of the registration statement;
(iv) the remuneration paid during the past twelve (12) months and estimated to be paid during the next twelve (12) months, di rectly or indirectly, by the issuer (together with all predecessors, subisdiaries, and affiliates) to each of the three highest paid of ficers or directors of the issuer and to all those persons covered by subparagraph (ii) in the aggregate;

(v) with respect to any person owning of record, or beneficially, if known, ten percent (10%) or more of the outstanding shares of any class of equity security of the issuer: the information specified in subparagraph (ii) other than his occupation;

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(vi) with respect to every promoter if the issuer was organized within the past three (3) years: the information specified in subparagraph (ii), any amount paid to him within that period or in tended to be paid to him, and the consideration for any such payment;

(vii) with respect to any person other than an issuer on whose behalf any part of .the offering is to be made: his name and ad dress ; the amount of securities of the issuer held by him as of the date of the filing of the registration statement; and a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three (3) years or proposed to be effected;

(viii) the capitalization (including short and long-term debt) both as of the latest practicable date within 90 days, and as adjusted to give effect to the proposed offering, of the issuer and all sub sidiaries whose financial statements are filed with the registration statement on either a consolidater or an individual basis; including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of con sideration (whether in the form of cash, physical assets, services, patents, goodwill, or anything else) for which the issuer or any sub sidiary has issued any of its securities within the past two (2) years or is obligated to issue any of its securities;

(ix) the kind and amount of securities to be offered; the pro posed offering price or the method by which it is to be computed; any variation therefrom at which any portion of the offering is to be made to any person or class of persons other than the under writers, with a specification of any such person or class; the basis upon which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders' fees (including separately, cash, securi ties, contracts, or anything else of value to accrue to the under writers or finders in connection with the offering) or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated aggregate amounts of other selling expenses, including legal, engineering, printing and accounting charges; the name and address of every underwriter and every recipient of a finder's fee; and a description of the plan of distribution of the securities which are to be offered;

(x) the net estimated cash proceeds to be received by the issuer from the offering after deducting all estimated expenses of the offering; the purposes for which the proceeds are to be used by the issuer; the amount proposed to be used for each purpose; the proposed order or priority in which the proceeds will be used for the purposes stated in the event the offering is not pursuant to an underwriting agreement under which no securities will be sold unless all securities to be offered are sold; the amounts of any funds to be raised from other sources to achieve the purposes stated; the nature of the sources of any such funds;

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(xi) in any case where the securities to be offered are to be sold in any manner except an underwriting agreement under which no securities will be sold unless all securities to be offered are sold, and where the issuer of such securities (A) has not had any sub stantial gross revenues from the sale of products or services or any substantial net income from any source for any fiscal year ended during the past three years, and (B) has not succeeded and does not intend to succeed to any business which has had any substantial gross revenues from the sale of products or services, or any sub stantial net income from any source, for any fiscal year ended during the past three years, the minimum amount of funds to be derived from the offering after expenses of the offering which the issuer reasonably believes to be necessary to enable the issuer to operate the business it proposed to conduct;

(xii) a description of any stock options or other security op tions outstanding, or to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in subparagraphs (ii), (v), (vi), (vii), or (ix) and by any person who holds or will hold, after giving effect to the proposed offering ten percent (10%) or more of the securities subject to such options;
(xiii) the dates of, parties to, and general description concisely stated of, every management or other material contract made or to be made otherwise than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement;

(xiv) a description of any pending litigation or proceeding to which the issuer is a party and which could materially adversely affect its business or assets (including any such litigation or pro ceeding known to be contemplated by governmental authorities) ;

(xv) the following financial statements: (i) a balance sheet of the issuer or a consolidated balance sheet of the issuer and its sub sidiaries prepared in accordance with generally accepted accounting principles as of a date within ninety (90) days prior to the filing of the registration statement, and, if such balance sheet is not cer tified, also a certified balance sheet of the issuer or a certified con solidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date not more than one (1) year prior to the date of filing unless the last fiscal year of the issuer has ended within ninety (90) days prior to the date of filing, in which case such certified balance sheet may be as of the end of the fiscal year preceding such last fiscal year; (ii) a profit and loss statement, analysis of surplus and a statement of source and application of funds of the issuer or con solidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the three (3) fiscal years preceding the date of the most recent balance sheet filed, which shall be certified, and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the most recent balance sheet filed and, with respect to the profit and loss statement, for the corresponding

MONDAY, FEBRUARY 26, 1973

1413

period of the preceding year, statements for which interim and cor responding periods need not be certified; or, if the issuer and its predecessors have been in existence for less than three (3) fiscal years, the profit and loss and other required statements for the periods for which it has been in existence; and (iii) of a substantial part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be re quired if that business were the registrant; provided, however, if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of con solidated statements, individual statements for it and its majorityowned subsidiaries; provided, that if any such financial statements are required to be certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.

(xvi) on the inside back cover page in the case of a printed prospectus, or the final page in the case of a prospectus reproduced by other means, notices in a form satisfactory to the Commissioner which shall provide a means of exercising the right of rescission provided in Section 5(a) (4) of this Act and which shall be ad dressed to the Commissioner and to the person responsible for making any repayment specified in subparagraph (ii) of Section 5 (a) (4); and on the inside front cover page of the prospectus in the case of a printed prospectus or on the second page of the prospectus in the case of a prospectus reproduced by any other means, in bold-faced print or capital type the following legend:

ANY PERSON WHO PURCHASES THE SECURITIES OF FERED HEREBY SHALL HAVE THE UNQUALIFIED AND UNWAIVABLE RIGHT TO RESCIND SUCH PURCHASE WITHIN 72 HOURS OF THE EXECUTION OF A WRITTEN AGREEMENT TO PURCHASE ANY SECURITIES OF FERED HEREBY, THE DELIVERY OF A CONFIRMATION OF SALE, OR THE PAYMENT FOR ANY SECURITIES OFFERED HEREBY, WHICHEVER SHALL OCCUR FIRST.

RECISSION MAY BE ACCOMPLISHED BY COMPLETING AND MAILING THE FORMS PROVIDED ON PAGE--OF THIS PROSPECTUS.

(2) Every registration statement filed under Section 5(a) shall be accompanied by the following documents:

(i) A copy of the prospectus proposed to be used in complying with the requirements of Section 5(a) (3) of this Act;

(ii) A copy of any notice, circular, advertisement, sales litera ture, letter or communication (if any such notice, circular, adver tisement, sales literature, letter or communication is to be used in connection with the offering) in respect of a security which states from whom a written prospectus meeting the requirements of Sec tion 5(a) (3) of this Act may be obtained and which does no more than identify the security, state the price thereof, state by whom

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orders will be executed, and contain such other information as the
Commissioner, by rules or regulations deems necessary or appro priate in the public interest and for the protection of investors and
subject to such terms and conditions as may be prescribed therein, may permit;

(iii) A specimen or copy of the security being registered; a copy of the issuer's articles of incorporation and bylaws, or their substantial equivalents, as currently in effect; and a copy of any indenture or other instrument relating to the security to be registered;
(iv) A signed opinion of legal counsel which shall state whether or not the security, when sold, will be legally issued, fully paid, and nonassessable, and, if a debt security, a binding obligation of the issuer;
(v) A copy of any underwriting or selling group agreement pursuant to which the distribution is to be made;
(vi) A copy of every management or other material contract referred to in Section 5(b) (1) (xiii) above;

(vii) A signed copy of any professional opinions or any reports or certifications specifically referred to in the prospectus; and

(viii) A copy of any literature concerning the issuer or the offering given to any person directly engaged in the sale of the
securities.

(c) Registration by Notification. Any security whose issuer or any predecessors have been in continuous operation for at least five years may be registered by notification, whether or not it is also eligible for registration by qualification under subsection (a) above, if:

(1) There has been no default during the current fiscal year nor within three preceding fiscal years in the payment of principal, interest, or dividends on any security of the issuer (or any pred ecessor) with a fixed maturity or a fixed interest or dividend
provision; and

(2) The issuer and any predecessors during the past three
fiscal years have had average net earnings, determined in ac cordance with generally accepted accounting principles, which are applicable to all securities without a fixed maturity or a fixed interest or dividend provision and which (i) equal at least five
percent (5%) of the amount of securities without a fixed maturity or a fixed interest or dividend provision outstanding at the date
the registration statement is filed (as measured by the maximum offering price or the market price on a day selected by the regis trant within 30 days before the date of filing the registration state
ment, whichever is higher, or if there is neither a readily determinable market price nor an offering price^ book value on a day selected

MONDAY, FEBRUARY 26, 1973

1415

by the registrant within 90 days of the date of filing the registra tion statement), or (ii) if the issuer and any predecessors have not had any securities without a fixed maturity or a fixed interest or dividend provision outstanding for three full fiscal years, equal at least five percent (5%) of the amount (as measured by the maximum public offering price) of such securities which will be outstanding if all the securities being offered or proposed to be offered (whether or not they are proposed to be registered or of fered in this State) are issued.

(3) A registration statement under this subsection shall be signed by the issuer, any other person on whose behalf the offering is to be made, any registered dealer, limited dealer, or by any duly authorized agent of any such person, and shall contain the following information or documents, in addition to payment of the filing fee prescribed in Section 6(a), and, if required under Section 6(c), a consent to service of process meeting the requirements of Section 18:

(i) a statement demonstrating eligibility for registration by notification;

(ii) the issuer's name, address, and form of organization; the state (or foreign jurisdiction) and the date of its organization; and the general character and location of its business;

(iii) with respect to any person on whose behalf any part of the offering is to be made in a non-issuer distribution: his name and address; and the amount of securities of the issuer held by him as of the date of the filing of the registration statement;

(iv) the information specified in subparagraph (viii) of Sec tion 5(b) (1); and

(v) any prospectus proposed to be used in offering the securi ties in this State and a copy of any underwriting or selling agree ment relating to the offering.

(4) If no stop order is in effect and no proceeding is pending under Section 17, a registration statement under this subsection (c) automatically becomes effective at three o'clock (3:00) Georgia Time in the afternoon of the fifth full business day after the filing of the registration statement, or at such earlier time as the Com missioner determines.

Section 6. Provisions Generally Applicable to Registration of Se curities, (a) Every person registering securities pursuant to Section 5 of this Act shall pay a filing free of l/20th of 1 percent of the maximum aggregate offering price at which the registered securities are to be offered in this State, but the fee shall not be less than $50. When a registration statement is withdrawn before the effective date or before a pre-effective stop order is entered under Section 7, the Com missioner shall retain $50 and return the remainder of the fee, if any, to the applicant in the case of registration by notification, and shall re-

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tain the amount of the fee up to $250 in the case of registration by qualification and return the remainder of the fee, if any, to the applicant.

(b) No securities shall be registered by qualification under Section
5(a) until the applicant for registration first files with the Commissioner a bond satisfactory to the Commissioner in the sum of twenty-five
thousand dollars ($25,000) payable to the State of Georgia for the use of all interested persons, and conditioned upon the faithful compliance
by the applicant with any and all provisions of this Act and any regu lations and orders issued by the Commissioner. Any such bond may be
cancelled by the applicant or surety by giving notice to the Commis sioner, but such cancellation shall not affect any cause of action ac cruing thereon prior to cancellation and such cancellation shall result
in automatic cancellation of the registration of the securities until new bond satisfactory to the Commissioner is filed. Any cause of action on such bond must be brought within two (2) years after accrual thereof.
The $25,000 amount shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants,
and shall not be construed as individual liability.

(c) Every person who proposes to offer in this State a security required to be registered under Section 5 who has not previously filed with the Commissioner an irrevocable consent to service of process in
the form prescribed by Section 18 shall, as a condition of registration, file with the Commissioner such a consent.

(d) Every offering circular or prospectus used in connection with an offering of securities registered by qualification under Section 5 (a) shall contain the following legend on the cover page thereof in boldface print or capital type:
THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES COMMISSIONER OF THE STATE OF GEOR GIA. THE SECURITIES COMMISSIONER, BY ACCEPTING REGISTRATION, DOES NOT IN ANY WAY ENDORSE OR RECOMMEND THE PURCHASE OF ANY OF THESE SECURI TIES.

(e) In any case where securities are to be registered for sale in this State and where the issuer of such securities (A) has not had any substantial gross revenues from the sale of products or services, or any
substantial net income from any source, for any fiscal year ended during the past three years, and (B) has not succeeded and does not intend to succeed to any business which has had any substantial gross revenues from the sale of products or services, or any substantial net
income from any source, for any fiscal year ended during the past three years, the Commissioner may by regulation or order require either or both of the following as a condition of registration under this Act:

(1) except in an offering pursuant to an underwriting agree ment under which no securities will be sold unless all securities to be offered are sold, the deposit in escrow of not less than 85 percent of the proceeds from the sale of the registered securities until such escrow account contains the amount specified in subparagraph (xi) of Section 5(b) (1) of this Act; and

MONDAY, FEBRUARY 26, 1973

1417

(2) the deposit in an escrow account for a period not exceeding one year from the effective date of the registration statement or any renewal thereof, of

(i) any securities of the same class issued to a person who is an executive officer, director, general partner or affiliate of the issuer within two years prior to the date of filing of the original registration statement and still beneficially owned by such person;

(ii) any securities of the same class as the securities registered which are to be issued to a person specified in subparagraph (i) at a price more than 50 percent below the proposed offering price of such securities, or for a consideration other than cash. No in terest in any security held in such an escrow account shall be sold or transferred during the term of such escrow account without the written consent of the Commissioner;
provided, that any escrow accounts required pursuant to this subsec tion (e) shall be with a bank, trust company or other escrow agent ap proved by the Commissioner upon terms provided by the Commissioner.
(f) Any document filed under this Act or a predecessor act with in five years preceding the filing of a registration statement may be incorporated by reference as an exhibit to any registration statement filed under Section 5 of this Act to the extent that the document is currently accurate.
(g) The Commissioner may treat any exhibit filed under subpara graph (vi) of Section 5(b) (2) as confidential and not subject to public inspection upon a showing, satisfactory to him, that disclosure of such information or document to the public would be detrimental to the applicant for registration or to the issuer and that confidential treat ment is consistent with the public interest.
(h) Any registration filed under this Act may be withdrawn prior to the effectiveness of such registration statement or the issuance of a pre-effective stop order under Section 7.
(i) A registration under Section 5 shall be effective for 12 months from its effective date. If the securities registered for sale are not sold within 12 months and the applicant desires to continue the offering under substantially the same terms, a renewal registration statement may be filed with the Commissioner. Such renewal registration state ment shall recite the total number of shares or principal amount of securities sold in this State under the original (together with any re newal) registration and shall in all respects, including currency of information, comply with the requirements for an original registration. The Commissioner shall examine applications for renewal by the same standards as for original applications and upon that basis grant or deny the renewal registrations. Such registrations, if granted, shall be effec tive for a period of 12 months. In lieu of the filing fee prescribed by subsection (a) above, the Commissioner shall charge a renewal fee of $100 for such renewal registrations. Successive renewal registration

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statements may be filed when appropriate. The prospectus delivery re quirements of Section 5(a) (3) shall apply to sales of securities pur suant to a renewal registration.

(j) (1) Every person who has registered securities for sale in this State shall, for a period of 12 months following the effective date of such registration statement or any renewals thereof, file with the Commissioner:

(i) within 60 days of the close of each fiscal quarter of the issuer of the securities registered, except the last fiscal quarter of each fiscal year, the following financial statements prepared in accordance with generally accepted accounting principles: (A) a consolidated profit and loss statement of the issuer and its sub sidiaries for each such fiscal quarter and for the corresponding period of the preceding fiscal year if the issuer or any predecessor was them in existence, and (B) such other financial statements as the Commissioner shall, by rule or regulation, require;

(ii) within 90 days of the close of such issuer's fiscal year the following financial statements prepared in accordance with gen erally accepted accounting principles: (A) a consolidated balance sheet of the issuer and its subsidiaries as of the end of such fiscal year, (B) a consolidated profit and loss statement of the issuer and its subsidiaries for such fiscal year and for the preceding fiscal year if the issuer or any predecessor was then in existence, and (C) such other financial statements as the Commissioner may, by rule or regulation, require; provided that such financial statements shall be certified by an independent public accountant duly reg istered and in good standing as such under the laws of the place of his residence or principal office;

(iii) if a substantial part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required in subparagraphs (i) and (ii) above if that business were the issuer; provided, however, if the issuer does not report its accounts in the normal course of its busi ness on a consolidated basis, then it may furnish, in lieu of the con solidated statements required in subparagraphs (i), (ii), and (iii) above, individual statements for it and its majority-owned sub sidiaries.

(2) Each filing provided in paragraph (1) above shall be ac companied by a filing fee of $10.

(3) A copy of each financial statement filed with the Commis sioner pursuant to this subsection (j) shall be delivered with any prospectus required to be delivered pursuant to Section 5 (a) (3) of this Act.

Section 7. Denial, Suspension and Revocation of Registration, (a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration (and shall

MONDAY, FEBRUARY 26, 1973

1419

give notice of such issuance pursuant to Section 17 of this Act) if he finds that the order is in the public interest and that:

(1) the registration statement as of its effective date, or as of an earlier date in the case of an order denying effectiveness, con tains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; or

(2) any prospectus used or to be used in connection with the offering contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; or

(3) any provision of this Act or any rule, order or condition lawfully imposed under this Act has been willfully violated in con nection with the offering, by (i) the person filing the registration statement, (ii) the issuer, any partner, executive officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any affiliate, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer, or (iii) any underwriter; or

(4) the security registered or sought to be registered is the subject of a stop order of any federal or state securities commis sion or agency or similar order or a permanent or temporary in junction of any court of competent jurisdiction entered under any other federal or state act applicable to the offering; but (i) the Commissioner may not institute a proceeding against an effective registration statement under this paragraph (4) more than one year from the date of the order or injunction relied on, and (ii) may not enter an order under this paragraph (4) on the basis of an order or injunction entered under any other state act unless that order or injunction was based on facts which would currently con stitute a ground for a stop order under this Section; or

(5) the offering has worked or tended to work a fraud upon purchasers or would so operate; or

(6) the security is sought to be registered by notification and is not eligible for such registration.

(b) The Commissioner may by order summarily postpone or suspend the effectiveness of the registration statement pending final determination of any proceeding under this Section. Upon the entry of the order, the Commissioner shall promptly notify by telephone or tele graph the issuer, any person on whose behalf such distribution is being made and the representative of the underwriters that it has been entered and of the reasons therefor and that within 15 days after the receipt of a written request the matter will be set down for hearing. If no hearing is requested and none is ordered by the Commissioner, the order will remain in effect until it is modified or vacated by the Commissioner. If a hearing is requested or ordered, the Commissioner, after notice of an opportunity for hearing to each person specified in subsection

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(c), may modify or vacate the order or extend it until final determina tion.

(c) No stop order may be entered under any part of this Section 7 except the first sentence of subsection (b) without (1) appropriate prior notice to the person filing the registration statement, the issuer,
and the person on whose behalf the securities are to be or have been
offered, (2) opportunity for hearing, and (3) written findings of fact and conclusions of law.

(d) The Commissioner may vacate or modify a stop order if he finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.
Section 8. Exempt Securities. Section 5 of this Act shall not apply to any of the following securities:
(a) any security (including a revenue obligation) issued or guaran teed by the United States, any State, any political subdivision of a State, or any agency, authority, public corporation or other instrumentality of one or more of the foregoing, including any underlying or separate se curity which secures any of the foregoing securities;

(b) any security issued or guaranteed by Canada, any Canadian
province, any political subdivision of any such province, any agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government with which the United States currently
maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor;

(c) any security issued by and representing an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United States, or any bank, savings institution, or trust company or ganized and supervised under the laws of any State;
(d) any security issued by and representing an interest in or a debt of, or guaranteed by, any federal savings and loan association, or any building and loan or similar association organized under the laws of any State and authorized to do business in this State;
(e) any security issued by a farmers' cooperative association as defined in Section 521 of the Internal Revenue Code of 1954, as now or hereafter amended;
(f) any security issued or guaranteed by any federal credit union or any credit union, industrial loan association, or similar association organized and supervised under the laws of this State;

(g) any security issued or guaranteed by any railroad, other com mon carrier, public utility, or holding company which is (1) subject to
the jurisdiction of the Interstate Commerce Commission; (2) a registered holding company under the Public Utility Holding Company Act of
1935, as now or hereafter amended, or a subsidiary of such a company

MONDAY, FEBRUARY 26, 1973

1421

within the meaning of that Act; (3) regulated in respect of its rates and charges by a governmental authority of the United States or any State; or (4) regulated in respect of the issuance or guarantee of the security by a governmental authority of the United States, any State, Canada, or any Canadian province;

(h) securities listed or approved for listing upon notice of issuance on the New York Stock exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Coast Stock Exchange, the Phila delphia-Baltimore-Washington Stock Exchange, or any other stock ex change approved by the Commissioner as hereinafter provided; and all securities senior or equal in rank to any securities so listed or approved, any security represented by subscription rights which have been so listed or approved, or any warrant or right to purchase or subscribe to any of the foregoing; provided that the Commissioner may by written order approve any stock exchange in addition to those specified in this subsection if he minds that it would be in the public interest for securi ties listed on such exchange to be exempt under this subsection; and provided that the Commissioner shall have power at any time by written order to withdraw the approval theretofore so granted;

(i) any security issued by any person organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purposes, or as a chamber of commerce or trade or professional association;

(j) negotiable instruments maturing in not more than twelve months from date of issuance; provided that said securities are not offered for sale by means of advertisements publicly disseminated in the news media or through the mails;

(k) notes issued in connection with the acquisition of real or per sonal property, if such notes are issued to the sellers of and are secured by the real or personal property so acquired.

Section 9. Exempt Transactions. Except as hereinafter in this Sec tion expressly provided, Section 3 of this Act shall not apply to any offer or sale of a security in connection with any transaction de scribed in subsection (a), (b), (f), (g), (h), (i), (k), (1), (m) or (n) below, and Section 5 of this Act shall not apply to any offer or sale of any security in connection with any of the following transactions:

(a) Any transaction by an executor, administrator, or guardian who is not an affiliate of the issuer of the security sold or offered for
sale, or by a sheriff, marshall, conservator, receiver or trustee in bank ruptcy.

(b) Any transaction executed by a bona fide pledgee without any purpose of evading this Act.
^
(c) Any transaction in securities not involving the issuer of the securities, an underwriter of the securities, or an affiliate of the issuer of the securities.

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(d) Any transaction in securities by an affiliate of the issuer of such securities, provided (1) such affiliate is not acting as an under writer in the sale of such securities, (2) such securities are sold by the affiliate through a dealer registered under Section 3 of this Act acting as agent for the account of the affiliate of the issuer, (3) there is no solicitation, directly or indirectly, of orders to purchase any such se curities by the affiliate or any dealer offering such securities for sale by him, (4) the dealer does no more than execute orders to sell as a broker and receives no more than the usual or customary broker's com mission, and (5) the affiliate makes no payments in connection with the execution of such transactions other than the broker's commission permitted under (4) above.

(e) Any transaction in securities pursuant to a registration state ment effective under the Securities Act of 1933, as now or hereafter amended, or of securities exempt from the registration requirements of such Act pursuant to Sections 3(b) or 3(c) thereof, but only during the continuance of such exemption, provided that the Commissioner has received prior to such sale:

(1) a Notice of Intention to Sell which has been executed by the issuer, any other person on whose behalf the offering is to be made, a dealer or limited dealer registered under this Act, or any duly authorized agent of any such person and which sets forth the name and address of the applicant, the name and address of the issuer, and the title of the securities to be offered in this State;

(2) a copy of the initial registration statement (excluding ex hibits) or the Notification on Form 1-A, 1-B, 1-E or 1-F (or any form substituted therefor) and related offering circular or offering sheet (but excluding other exhibits) filed with the Securities and Exchange Commission;
(3) a filing fee of $250; and
(4) a consent to service of process in the form prescribed by Section 18 of this Act which has been executed by the person which executed the Notice of Intention to Sell unless such person has previously filed with the Commissioner an irrevocable consent to service of process in the form prescribed by Section 18 of this Act.

The Commissioner shall issue to the person which executed the Notice of Intention to Sell a certificate which shall be signed and sealed by the Commissioner and which shall state the compliance or non-com pliance with the requirements of paragraphs (1) through (4) of the items filed pursuant to such paragraphs. The provisions of this subsec tion (e) shall not apply to any transaction which is otherwise exempt under this Section 9.
(f) Any transaction involving the issuance and delivery of securi ties by an issuer to its own security holders as a result of a stock divi dend (whether the corporation distributing the dividend is the issuer of the stock or not), stock split, or other distribution or recapitaliza tion for which the recipient does not pay any consideration or surrender

MONDAY, FEBRUARY 26, 1973

1423

the right to a distribution in cash or property other than such securities, or the sale of any fractional interest resulting from such a distribution or recapitalization.
(g) Any transaction involving the sale of securities to a bank, sav ings institution, trust company, insurance company, investment com pany as defined in The Investment Company Act of 1940, as now or hereafter amended, real estate investment trust, small business invest ment corporation, pension or profit sharing plan or trust, other financial institution, or a dealer registered under this Act, whether the purchaser is acting for itself or in some fiduciary capacity.

(h) Preorganization subscriptions and the issuance and sale of se curities pursuant to such subscriptions by an issuer to not more than (10) persons in this State in addition to persons who acquire securi ties in transactions which are not subject to this Act or which are otherwise exempt under subsections of this Section 9; provided that (1) no commission or other remuneration is paid or given in connection with such sale, (2) such securities are not offered for sale by means of publicly disseminated advertisements or sales literature, (3) any cer tificate or certificates representing such securities shall be marked for a period of one year from the date of issuance to indicate clearly that they were issued in reliance upon the exemption contained in this sub section, and may not be resold except in compliance with this Act, and (4) each purchaser in this State executes a statement to the effect that such securities have been purchased for investment for his own account. As used in this Act, the phrase "purchase for investment" shall mean the purchase of any securities with the intent of holding such securities for investment and without the intent of participating directly or in directly in a distribution of such securities. Any person who holds such securities for a period of one year from the date of such securities have been fully paid for by such person shall be conclusively presumed to have purchased such securities for investment.

(i) Any transaction involving the issuance of a security (1) in connection with a stock bonus plan requiring payment of no considera tion other than services, (2) an employee's pension, profit sharing, or stock purchase plan as such terms are respectively defined in the in ternal Revenue Code of 1954, as now or hereafter amended, (3) in connection with retirement plans for self-employed individuals if that security is issued pursuant to a plan established and administered by a bank organized under the laws of the United States or by any bank or trust company organized and supervised under the laws of any State of the United States, or by any investment company as defined by the In vestment Company Act of 1940, as now or hereafter amended, (4) in connection with a stock option plan in which no person except an em ployee of the issuer or of an affiliate of such issuer may participate, if no consideration is paid for any options granted other than services, or (5) in connection with the issuance of securities upon the exercise of options granted pursuant to such a stock option plan.
(j) Any offer (but not a sale) of a security for which a registra tion statement has been filed under the Securities Act of 1933, as now or hereafter amended, if no stop order or refusal order is in effect and no public proceeding or examination looking toward such an order is pending under such Act.

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(k) Any transaction incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests, or partly in such exchange and partly for cash.

(1) Any transaction involving the issuance or transfer of securities of the issuer by such issuer or by a subsidiary of such issuer to a cor poration or its shareholders in connection with a merger, consolidation, reclassification of securities or sale or transfer of corporate assets in consideration of the issuance or transfer of such securities, where the transaction must be approved by the vote of the shareholders of such corporation pursuant to its articles or certificate of incorporation or corporate charter or the applicable corporation statute.

(m) Any transaction involving the sale of securities during any twelve-month period by or on behalf of an issuer, an affiliate of an is suer, or an issuer and affiliates of the issuer; provided that (1) the aggregate number of persons purchasing securities pursuant to this subsection during any 12-month period shall not exceed 35 persons ex clusive of persons who acquire securities in transactions which are not subject to this Act or which are otherwise exempt under subsections of this Section, (2) such securities are not offered for sale by means of publicly disseminated advertisements or sales literature, (3) any cer tificate or certificates representing such securities are marked to indi cate clearly that they may not be transferred except in compliance with this Act, (4) each purchaser in this State executes a statement to the effect that such securities have been purchased for investment, as such phrase is defined in subsection (h) above, for his own account.

(n) Any transaction pursuant to an offer exclusively to existing security holders of the issuer or a subsidiary of the issuer, including persons who at the time of the transaction are holders of convertible se curities of the issuer, if (1) the offer is exclusively for the exchange of a security of the issuer for an outstanding security of the issuer or a subsidiary of the issuer, and (2) no commission or other remuneration is paid or given directly or indirectly for soliciting any exchange by a security holder in this State.
Section 10. Administration, (a) The administration of the pro visions of this Act shall be vested in the Secretary of State, who is here by designated Commissioner of Securities.

(b) The Commissioner shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this Act. The Commissioner shall cooperate with the administrators of the securities laws of other States and of the United States with a view to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws.

(c) The Commissioner shall have authority to employ examiners, clerks and stenographers and other employees as the administration of that portion of this law vested in him may require.

MONDAY, FEBRUARY 26, 1973

1425

(d) The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this law; provided, however, that any party adversely affected by any such ruling shall have the right of appeal with in 30 days thereafter in the Superior Court of Fulton County, Georgia, or the superior court of the county of the residence of such party in this State, or if such party is a corporation, in the superior court of the county in which such corporation has its principal place of business in this State.

(e) The Commissioner, or any persons employed by him, shall be paid, in addition to their regular compensation, the transportation fare, board, lodging and other traveling expenses necessary and actually in curred by each of them in the performance of their duties under this Act.

(f) The Commissioner shall appoint, with the approval of the Governor, a person as Assistant Commissioner, and delegate such of his powers and duties hereunder to such Assistant Commissioner as he desires.

Section 11. Investigations and Subpoenas, (a) The Commissioner, at his discretion, (1) may make such public or private investigations within or outside of this State as he deems necessary to determine whether any person has violated or is about to violate any provision of this Act or any rule, regulation or order hereunder, or to aid in the en forcement of this Act or in the prescribing of rules and regulations hereunder, (2) may require or permit any person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated, and (3) may publish information concerning any violation of this Act or any rule, regulation or order hereunder.
(b) For the purpose of conducting any investigation as provided in this Section, the Commissioner shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, the production of books, records and papers, and to take the depositions of witnesses; and for such pur poses the Commissioner is authorized to issue a subpoena for any wit ness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of the county where such wit ness resides or is found or where such person in custody of any books, records or papers resides or is found, which shall be served and re turned. The fees and mileage of the sheriff, witness or person shall be paid from the funds in the State treasury for the use of the Commis sioner in the same manner that other expenses of the Commissioner are paid.

(c) In case of refusal to obey a subpoena issued under any Section of this Act to any person, a superior court of appropriate jurisdiction, upon application by the Commissioner, may issue to the person an order requiring him to appear before the Commissioner, or the referee desig nated by him, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in ques-

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tion. Failure to obey the order of the court may be punished by the court as a contempt of court.

(d) No person is excused from attending and testifying or from producing any document or record before the Commissioner, or in obedience to the subpoena of the Commissioner or any referee designated by him, or in any proceeding instituted by the Commissioner, on the grpund that the testimony or evidence (documentary or otherwise) re quired of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testi fying.

(e) In the case of any investigation conducted under this Section, the Commissioner may conduct said investigation or he may appoint a referee to conduct said investigation who shall have the same powers and authority in conducting said investigation as are in this Section granted to the Commissioner. Said referee shall have been admitted to the practice of law in this State and be possessed of such additional qualifications as the Commissioner may require. A transcript of testi mony and evidence and objections resulting from such investigation shall have the same force and effect as if such investigation or investi gations had been conducted by the Commissioner. All recommendations of any referee shall be advisory only and shall not have the effect of an order of the Commissioner.

(f) In any case where an investigation is conducted by a referee, the referee shall submit to the Commissioner a written report including the transcript of the testimony and evidence (if requested by the Com missioner), the findings of the investigation, and a recommendation of the action to be taken by the Commissioner. The recommendation of the referee may be approved, modified or disapproved by the Commissioner. The Commissioner may direct his referee to take additional testimony or permit the introduction of further documentary evidence.
Section 12. Unlawful Practices, (a) It shall be unlawful for any person:

(1) to offer to sell or to sell any security in violation of Section 3, Section 5, or Section 19, or any rule, regulation or order promul gated or issued by the Commissioner under any provision of this Act,

(2) to offer to sell or to sell a security by means of any oral or written untrue statement of a material fact or any ommission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission) if such person shall not sustain the burden of proof that he did

MONDAY, FEBRUARY 26, 1973

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not know, and in the exercise of reasonable care could not have known, of the untruth or omission, or

(3) to offer or sell any security registered under Section 5(a) of this Act by means of any prospectus except a prospectus which complies with Section 5 (a) (3) of this Act.

(4) in connection with the sale of any securities registered under this Act.

(i) to make any representation concerning any future sales of securities of the same class by the issuer at a price higher than the current offering price, or

(ii) to make any representations as to the future existence of any public market for the securities offered for sale.

(b) It shall be unlawful for any person to make to any prospective purchaser, customer, or client any representation that the filing or ef fectiveness of a registration statement or the registration of any se curity under Section 5, or the existence of any exemption for any se curity or transaction, means that the Commissioner has passed in any way upon the truth, completeness, or accuracy of such registration statement, the merits of such security, or has recommended or given approval to such security or transaction.

Section 13. Injunction and Prosecution of Violations, (a) When ever it may appear to the Commissioner, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this Act or by any rule, regulation or order of the Commissioner promulgated or issued pursuant to any Section of this Act or which is declared to be unlawful under this Act, the Commissioner, may, at his discretion, act under any or all of the following paragraphs:

(1) Issue an order, if he deems it to be appropriate in the pub lic interest or for the protection of investors, prohibiting such per son from continuing such act, practice or transaction, subject to the right of such person to a hearing as provided in Section 17 of this Act; or

(2) Apply to any Superior Court of competent jurisdiction in this State for an injunction restraining such person and his agents, employees, partners, officers and directors from continuing such act, practice or transaction or engaging therein or doing any acts in furtherance thereof, and for such other and further relief as the facts may warrant; or

(3) Transmit sueh evidence as may be available concerning such act, practice or transaction to any District Attorney or to the Attorney General, who may, at their individual discretion, institute the necessary criminal proceedings.

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(b) In any proceedings for an injunction, the Commissioner may apply for and be entitled to have issued the court's subpoena requiring (1) the appearance forthwith of any defendant and his agents, em ployees, partners, officers or directors, and (2) the production of such documents, books and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Section, the court may grant such injunction as the facts may warrant.

(c) In any criminal proceeding, the District Attorney may apply for and be entitled to have issued the court's subpoena requiring (1) the appearance forthwith of any defendant or his agents, employees, partners, officers or directors, and (2) the production of such docu ments, books and records as may appear necessary for the prosecution of such criminal proceedings.

Section 14. Criminal Penalties. Any person who shall willfully violate any provision of this Act shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisonment for not less than one (1) and not more than (5) years, or both, as the jury may recommend. Nothing in this Act shall limit any statutory or common law right of the State to punish any person for violation of any provisions of any law.

Section 15. Civil Liability from Sales of Securities, (a) Any person who violates any provision of 12 (a) of this Act shall be liable to the person buying such security; and such buyer may sue in any court of competent jurisdiction to recover the consideration paid (or the fair value thereof at the time the consideration was paid) for the security with interest thereon from the date of payment down to the date of re payment as computed in subsection (c) (1) below (less the amount of any income received thereon), together with all taxable court costs and reasonable attorney's fees, upon the tender, where practicable, of the security at any time before the entry of judgment, or for damages if he no longer owns the security. Damages are the amount which equals the difference between the fair value of the consideration the buyer gave for the security and the fair value of the security at the time the buyer disposed of it, plus interest thereon from the date of payment down to the date of repayment as computed in subsection (c) (2) below.

(b) Every person who directly or indirectly controls a person liable under subsection (a) above, every general partner, executive officer or director of such person liable under subsection (a) above, every person occupying a similar status or performing similar functions, and every dealer, limited dealer, salesman, limited salesman, or agent who par ticipates in any material way in the sale are liable jointly and severally with and to the same extent as the person liable under subsection (a) above unless the person whose liability arises under the provisions of this subsection (b) sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable.

MONDAY, FEBRUARY 26, 1973

1429

(c) No person may sue under this Section more than two (2) years from the date of the contract for sale, or sale, if there is no contract for sale. No person may sue under this Section:

(1) if the buyer received a written offer, before suit, and at a time when he owned the security to repay in cash or by certified or official bank check, within 30 days from the date of acceptance of such offer in exchange for the securities, the fair value of the consideration paid (determined as of the date such payment was originally paid by the buyer) together with interest on such amount for the period from the date of payment down to the date of repay ment, such interest to be computed in case the security consists of an interest-bearing obligation at the same rate as provided in the security, or in case the security consists of other than an interestbearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and (i) such offeree does not accept the offer within 30 days of its receipt, or (ii) if such offer was accepted the terms thereof were complied with by the offerer;

(2) if the buyer received a written offer before suit and at a time when he did not own the security to repay in cash or by certi fied or official bank check, within 30 days from the date of ac ceptance of such offer, an amount equal to the difference between the fair value of the consideration the buyer gave for the security and the fair value of any consideration received by the buyer upon sale of the security or the fair value of the securities at the time of disposition if otherwise disposed of, together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security con sists of an interest-bearing obligation at the same rate as provided in the security, or in case the security consists of other than an interest-bearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and (i) such offeree does not accept the offer within 30 days of its receipt, or, (ii) if such offer was accepted, the terms thereof were complied with by the offerer; provided, no written offer shall be effective within the meaning of this subsection unless it would be exempt under Section 9 of this Act or, if registration would have been required, then unless it is accompanied by a prospectus meet ing the requirements of Section 5(a) (3) of the Act which shall be current as of the date of the written offer.

(d) Every cause of action under this Act survives the death of any person who might have been a plaintiff or defendant.

(e) Nothing in this Act shall limit any statutory or common law right of any person in any court for any act involving the sale of a security.

Section 16. Appeals, (a) An appeal may be taken from any order of the Commissioner resulting from a hearing held in accordance with the provisions of Section 17 of this Act by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on

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the Commissioner, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:
(1) the order from which the appeal is taken;
(2) the ground upon which a reversal or modification of such order is sought; and
(3) a demand for a certified transcript of the record of such order.
(b) Upon receipt of such notice of appeal, the Commissioner shall, within ten (10) days thereafter, make, certify and deliver to the appel lant a transcript 6f the record of the order from which the appeal is taken; provided, that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five (5) days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall there upon be entered on the trial calendar of the court.
(c) If the order of the Commissioner shall be reversed, the court shall by its mandate specifically direct the Commissioner as to his fur ther action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations or restrictions to be therein contained.
Section 17. Hearings, (a) Where the Commissioner has issued any order forbidding the sale of securities under Section 7 hereof, he shall promptly send to the issuer of such securities and to all persons who have registered such securities a notice of opportunity for hearing. Be fore entering an order refusing to register any preson under Section 3 hereof, and after the entering of any order for revocation, suspension or to show cause why revocation or suspension should not be made under Section 4 hereof, the Commissioner shall send to such person, and if such person be a salesman or limited salesman, to the dealer or limited dealer who employs or proposes to employ such salesman or limited sales man, a notice of opportunity for hearing, and in the case of any show cause order, a copy of any order which is proposed to be issued. Hear ings shall be conducted pursuant to this Section 17 by the Commissioner.
(b) Notices of opportunity for hearing shall be sent by registered mail, return receipt requested, to the addressee's business mailing ad dress, and such notice shall state:
(1) the order which has issued and which is proposed to be issued;

(2) the ground for issuing such order and proposed order;

(3) that the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten (10) days after receipt of the notice,

MONDAY, FEBRUARY 26, 1973

1431

(c) Whenever a person requests a hearing in accordance with the provisions of this Section, there shall immediately be set a date, time and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. Except as provided in Section 4(b) of this Act, the date set for such hearing shall be within 15 days, but not earlier than 5 days after the request for hearing has been made, unless otherwise agreed to by the issuer of the notice and the person requesting such hearing.

(d) For the purpose of conducting any hearing as provided in this Section, the Commissioner shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses, the production of books, records and papers, and to take the depositions of witnesses; and for such purposes the Commissioner is authorized, at the request of the person requesting such hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records or papers resides or is found, which shall be served and returned. The fees and mileages of the sheriff, witness or person shall be paid from the funds in the State treasury for the use of the Commissioner in the same manner that other expenses of the Commis sioner are paid.

(e) At any hearing conducted under this Section, a party or an affected person may appear in his own behalf or may be represented by an attorney. A stenographic record of the testimony and other ev idence submitted shall be taken unless the Commissioner and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. The Commissioner shall pass upon the admissibility of such evidence, but a party may at any time make ob jections to any such rulings, thereon; and if the Commissioner refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing.

(f) In the case of any hearing conducted under this Section 17, the Commissioner may conduct said hearing or he may appoint a referee to conduct said hearing who shall have the same powers and authority in conducting said hearing as are in this Section 17 granted to the Com missioner. Said referee shall have been admitted to the practice of law in this State and be possessed of such additional qualifications as the Commissioner may require.

In any case where a hearing is conducted by a referee, the referee shall submit to the Commissioner a written report includnig the tran script of the testimony and evidence (if such transcript is requested by the Commissioner), the findings of fact and conclusions of law and a recommendation of the action to be taken by the Commissioner. A copy of such written report and recommendations shall within 5 days of the time of submission thereof to the Commissioner be served upon the per son who requested the hearing, or his attorney or other representative of record, by registered mail. That person or his attorney may, within 10 days of service of the copy of such written report and recommenda-

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tions, file with the Commissioner written objections to the report and recommendations which shall be considered by the Commissioner before a final order is entered. No recommendation of the referee shall be ap proved, modified or disapproved by the Commissioner until after 10 days after service of such report and recommendations as herein provided. The recommendations of the referee may be approved, modified or dis approved by the Commissioner. The Commissioner may direct his referee to take additional testimony or to permit the introduction of further documentary evidence. In any hearing conducted by a referee, a tran script of testimony and evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Commissioner. All recommendations of the referee shall be ad visory only and shall not have the effect of an order of the Commissioner.

(g) If the Commissioner does not receive a request for a hearing within the prescribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Section 17, the Commissioner shall issue a written order which shall (1) set forth his findings with respect to the matters involved and (2) enter an order in accordance with his findings.
Section 18. Consent to Service. Where a consent to service of pro cess is requested under this Act, such consent to service of process shall be in the form prescribed by the Commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the sale of any securities in violation of this Act may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this State by the service of process or pleadings upon the Commissioner. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Com missioner shall, if made on the Commissioner, be by duplicate copies, one of which shall be filed in the office of the Commissioner and the other shall immediately be forwarded by the Commissioner by registered mail to the person against whom such process or pleadings are directed at his latest address on file in the office of the Commissioner.

Section 19. Certain Credit Transactions, (a) With regard to any installment obligation which may be deemed to be negotiable, any note, or any postdated check, issued to an issuer, an affiliate of such issuer, or any underwriter in connection with the purchase of any securities of such issuer in a transaction registered under this Act, no holder of such negotiable installment obligation, note, or postdated check shall have the rights of a holder in due course in any action to enforce such negotiable installment obligation, note, or postdated check against the maker there of if such negotiable installment obligation, note, or postdated check bears the legend described in subsection (b) below.

(b) It shall be unlawful for any issuer, affiliate of such issuer or underwriter to receive any installment obligation which may be deemed to be negotiable, any note, or postdated check as consideration for the sale of any securities of such issuer in an transaction registered under this Act unless such negotiable installment obligation, note, or postdated check bears a legend indicating that such negotiable installment obliga tion, note, or postdated check was received as consideration for the sale

MONDAY, FEBRUARY 26, 1973

1433

of securities in a transaction registered under this Act and that in any action against the maker of such negotiable installment obligation, note, or postdated check, any holder thereof shall not have the rights of a holder in due course.

(c) As used in this Section 19, the terms "check", "holder", "holder in due course", "maker", and "note" shall have the same meanings as are given such terms in Georgia Laws 1962, pp. 164 and 236-308, as now or hereafter amended. The rights of a person who is not a holder in due course shall be the same as the rights described in Georgia Laws 1962, pp. 255-56, as now or hereafter amended. The negotiability of any install ment obligation referred to in this Section 19 shall be determined in ac cordance with the provisions of Georgia Laws 1962, pp. 236-82, as now or hereafter amended.

Section 20. Waiver of Rights. Any condition, stipulation, or provi sion binding any person acquiring any security to waive

(a) compliance with any provision of this Act or of the rules and regulations promulgated hereunder,

(b) any rights provided by this Act or by the rules and regulations promulgated hereunder, or

(c) any defenses arising under this Act or under the rules and regulations promulgated hereunder shall be void.

Section 21. Immunity. For any action taken or any proceeding had under the provisions of this Act or under color of law, the Commissioner shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this State would be immune.
Section 22. Evidentiary Matters, (a) In any action, civil or crim inal, where a defense is based upon any exemption provided for in this Act, the burden of proving the existence of such exemption shall be upon the party raising such defense.
(b) In any action, civil or criminal, a certificate signed and sealed by the Commissioner, stating compliance or non-compliance with the provisions of this Act, shall constitute prima facie evidence of such com pliance or non-compliance with the provisions of this Act and shall be admissible in any such action.

(c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Commissioner of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.

Section 23. Saving Provisions, (a) Prior law exclusively governs all suits, actions, prosecutions or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before the effective date of this Act, except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within

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any period of limitation which applied when the cause of action accrued and in any event within two years after the effective date of this Act.

(b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if this Act had not been passed. They are considered to have been filed, entered or imposed under this Act but are governed by prior law.

(c) Prior law applies in respect of any offer or sale made within six months after the effective date of this Act pursuant to an offering begun in good faith before its effective date on the basis of an exemption available under prior law.

(d) Judicial review of all administrative orders as to which review proceedings have not been instituted by the effective date of this Act are governed by Section 16 of this Act, except that no review proceeding may be instituted unless the petition is filed within any period of lim itation which applied to a review proceeding when the order was entered and in any event within sixty days after the effective date of this Act.

Section 24. Severability of Provisions. In the event any section, sub section, paragraph, subparagraph, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, para graphs, subparagraphs, sentences, clauses or phrases of this Act, which shall be and remain in full force and effect, as if the section, subsection, paragraph, subparagraph, sentence, clause or phrase so declared or ad judged invalid or unconstitutional was not originally a part thereof. The Legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional.

Section 25. Effective Date. The provisions of this Act shall become effective January 1, 1974.

Section 26. Specific Repealer. Title 97 of the Code of Georgia of 1933, relating to securities, as amended by an Act approved March 2, 1937 (Ga. Laws 1937, p. 787), an Act approved March 10, 1949 (Ga. Laws 1949, p. 527), is hereby repealed in its entirety. An Act regulating promissory notes given as consideration for certain stocks, approved August 17, 1912 (Ga. Laws 1912, p. 153), is hereby repealed in its en tirety. An Act regulating the sale of securities, approved March 3, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 423), is hereby repealed in its en tirety. An Act regulating the sale of securities, approved February 26, 1957 (Ga. Laws 1957, p. 134), as amended by an Act approved March 2, 1959 (Ga. Laws 1959, p. 89), an Act approved March 17, 1960 (Ga. Laws 1960, p. 957), an Act approved April 5, 1961 (Ga. Laws 1961, p. 457), an Act approved April 12, 1963 (Ga. Laws 1963, p. 557), an Act approved March 24, 1965 (Ga. Laws 1965, p. 239), an Act approved March 20, 1970 (Ga. Laws 1970, p. 450), an Act approved March 20, 1970 (Ga. Laws 1970, p. 488) and an Act approved March 24, 1970 (Ga. Laws 1970, p. 718), is hereby repealed in its entirety.

MONDAY, FEBRUARY 26, 1973

1435

Section 27. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:

Mr. Egan of the 25th moves to amend the Committee substitute to HB 264 as follows:

By striking from line 2 on page 4 the word "other" and inserting in lieu thereof the word "otherwise".

By striking line 8 on page 30 in its entirety and inserting in lieu thereof the following:

"or to be paid to such person to serve in such capacity, the".

By striking lines 4, 5, 6, 7 and 8 on page 39 in their entirety and inserting in lieu thereof the following:

"the registration statement, whichever is higher), or (ii)".

By striking lines 1 through 33 on page 65 in their entirety and inserting in lieu thereof the following:

"obligation, at the rate of 6 percent per annum, less, in every case, the amount o2 any income received on the security, and (i) such offeree does not accept the offer within 30 days of its receipt, or, (ii) if such offer was accepted, the terms thereof were complied with by the offerer;

provided, no written offer shall be effective within the meaning of this subsection unless it would be exempt under Section 9 of this Act or, if registration would have been required, then unless it is accompanied by a prospectus meeting the requirements of Section 5 (a) (3) of the Act which shall be current as of the date of the written offer.

(d) Every cause of Action under this Act survives the death of any person who might have been a plaintiff or defendant.

(e) Nothing in this Act shall limit any statutory or common law right of any person in any court for any act involving the sale of a security.

Section 16. Appea's. (a) An appeal may be taken from any order of the Commissioner resulting from a hearing held in accordance with the provisions of Section 17 of this Act by any person adversely af fected thereby to the Superior Court of Fulton County, Georgia, by serving on the Commissioner, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:

(1) the order from which the appeal is taken;

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(2) the ground upon which a reversal or modification of such order is sought; and

(3) a demand for a certified transcript of the record of such order."

The following amendment was read and adopted: Mr. Harris of the 51st moves to amend the Committee substitute to
HB 264 by striking from line 30, Section 25, page 73, "January 1" and inserting "April 1".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HB 87. By Messrs. Howell of the 118th and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to provide that certain members of the Empolyees' Retirement System are entitled to prior service credit while so employed; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing an Employees' Retirement System, approved Februray 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide that those persons who are members of the Employees' Retirement System on January 1, 1973, who (1) were transferred from a State agency to an agency of the United States

MONDAY, FEBRUARY 26, 1973

1437

Government under a loan to the Federal Government during the war emergency or, (2) during the period of the loan were selected by the United States Government from official Georgia Merit System registers, paid according to State salary schedules, and were ruled ineligible for Federal Civil Service retirement membership or, (3) were transferred from a State agency to an agency of the United States Government and whose work was continued under the supervision and control of the State agency or, (4) who resigned or took a leave of absence from a State agency or department to accept overseas service with the Ameri can Red Cross or other Red Cross organization during World War II and who were subsequently rehired or reinstated by any agency or department of the State, are entitled to prior service credit while so smployed; 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 an Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking subsection (5) of Section 4 in its entirety, and inserting in lieu thereof a new subsection (5), to read as follows:

"(5) Anything in this Act to the contrary notwithstanding, those persons who are members of the Employees' Retirement Systerm on January 1, 1973, who (1) were transferred from a State agency to an agency of the United States Government under a loan to the Federal Government during the war emeregncy, or (2) during the period of the loan, were selected by the United States Govern ment from official Georgia Merit System registers, paid according to State salary schedules, and were ruled ineligible for Federal Civil Service retirement membership or (3) were transferred from a State agency to an agency of the United States Government and whose work was continued under the supervision and control of the State agency or (4) who resigned or took a leave of absence from a State agency or department to accept overseas service with the American Red Cross or other Red Cross organization during World War II and who were subsequently rehired or reinstated by any agency or department of the State, are entitled to prior service credit while so employed."

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:

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Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bennett Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. F. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans

Floyd, J. H. Floyd, L. R. Foster, R. L. Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Jessup Jordan Keyton Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lowrey Marcus Mason Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith

Nix Odom Oxford Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith. J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis
Wilson, M. L. Wood

Those not voting were Messrs.:

Alien Bailey Beckham Berry

Bray Buck Chance Collins, M.

Collins, S. Daugherty Elliott Ezzard

Parrar Fraser Grahl Hamilton Hill, B. L. Howard Irvin, R. Irwin, J. R. Johnson Jones King

MONDAY, FEBRUARY 26, 1973

1439

Kreeger Lee, W. J. (Bill) Levitas Lewis Logan Matthews, C. Matthews, D. R. McCracken Murphy Noble

Northcutt Patten, G. C. Peters Rainey Ross Townsend Triplett Vaughn Wilson, J. M. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to mechanical failure, the vote of Mr. Lee of the 114th was not recorded.

HB 67. By Messrs. Brown of the 67th and Nobel of the 48th:
A Bill to be entitled an Act to provide for the regulation of franchise agreements between gasoline distributors and gasoline dealers; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for the regulation of franchise agreements between gasoline distributors and gasoline dealers; to pro vide a short title; to provide for declaration of policy; to provide for definitions; to provide that gasoline dealers shall have a cause of action against gasoline distributors under certain circumstances; to provide that the gasoline distributors shall have certain defenses; to provide for damages; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short Title. This Act shall be known and may b cited as the "Gasoline Franchise and Marketing Practices Act."
Section 2. Declaration of Policy. The General Assembly finds and declares that the distribution and sales through franchise agreements of gasoline in the State of Georgia vitally affects the general economy

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JOURNAL OF THE HOUSE,

of the State, the public interest and public welfare, and that it is neces sary, therefore, in the public interest to define the relationships and responsibilities of the parties to such agreements.

Section 3. Definitions. As used in this Act:

(a) "gasoline distributor" means any person, who is a manufacturer or owner of the trademark, trade name, service mark or other identi fying symbol for which said franchise or marketing agreement is granted.

(b) "gasoline dealer" means any person engaged in the retail sale of gasoline in this State under a franchise or marketing agreement entered into with a gasoline distributor;

(c) "franchise agreement" or "marketing agreement" means an agreement between a gasoline distributor and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the distributor, or an agreement between a gasoline distributor and a gaso line dealer under which the gasoline dealer is granted the right to occupy premises owned, leased or controlled by the distributor, for the purpose of engaging in the retail sale of gasoline of the distributor;

(d) "retail" means the sale of a product for purposes other than resale;

(e) "good cause" means a real, substantial and reasonable cause.

Section 4. It shall be a violation of this Act for any gasoline dis tributor who has a franchise agreement with a gasoline dealer, directly or indirectly, through any officer, agent or employee, to commit any of the following acts:

(a) to terminate or cancel such franchise agreement without good cause prior to the expiration date;

(b) to terminate, cancel or fail to renew such franchise agreement without having first given written notice setting forth all the reasons for such termination, cancellation or notice of intent not to renew to the gasoline dealer at least sixty (60) days in advance of such termi nation, cancellation or failure to renew; provided, however, that such notice shall not be required of a gasoline distributor acting with reason able cause to believe said dealer is maliciously and willfully damaging the property rights of said gasoline distributor, who has voluntarily abandoned the franchise relationship, or who has failed to remit money held in trust for said gasoline distributor;

(c) by the use of coercion, intimidation or threats, to force or in duce such gasoline dealer to deal exclusively in products manufactured, distributed or sponsored by such gasoline distributor or to participate in promotions. Hours of operation can only be changed by mutual con sent. It shall also be the duty of the distributor to advise the dealer in

MONDAY, FEBRUARY 26, 1973

1441

writing prior to execution of agreement the projected potential gallonage and the dealer shall acknowledge same in writing prior to execution of franchise agreement that he is willing to accept same;

(d) to engaged in any acts which have the purpose, intent or effect of fixing or maintaining prices, or of forcing or inducing adherence to prices at which such gasoline distributor's products are to be resold by such gasoline dealers;

(e) to require a gasoline dealer, at the time of entering into a franchise agreement, to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by this Act;

(f) to require or prohibit any change in management of any gaso line dealer unless such requirement or prohibition of change shall be for good cause, which cause shall be stated in writing by the gasoline distributor;

(g) to impose standards of performance upon the gasoline dealer other than those in the franchise agreement;

(h) to provide any term or condition in any franchise agreement, or other agreement, ancillary or collateral thereto, which term or condi tion directly or indirectly violates this Act.

Section 5. Any gasoline dealer may bring action against its gaso line distributor for violation and within two years thereof, of this Act in the Superior Court of the County where such distributor resides or, if the distributor is a corporation, in accordance with the provisions of Code Title 22, the Georgia Corporation Code, as amended to recover damages sustained by reason of any violation of this Act. Attorneys' fees shall be controlled by Code Section 20-1404, as now or hereafter amended.

Section 6. This Act shall not apply to a franchise agreement granted prior to the effective date of this Act; provided, however, that a renewal of a franchise agreement or an amendment to an existing franchise agreement shall not be excluded from the application of this Act.

Section 7. Defenses of gasoline distributor.

(a) It shall be a defense to any action brought under Section 5 that the franchise was terminated or cancelled because:

(i) the gasoline dealer failed to comply substantially with re quirements of the franchise agreement;

(ii) the gasoline dealer failed to act in good faith in carrying out the terms of the franchise;

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JOURNAL OF THE HOUSE,

(iii) if the distributor is not realizing a reasonable return on physical investment in rental and operating profit for said location based on present day market prevailing factors;

(iv) of other legitimate business reasons; provided, however, that a termination or cancellation of a franchise for the purpose of enabling the gasoline distributor to assume operation of the gaso line dealer's business, shall not be considered a legitimate business reason unless the gasoline dealer is offered at the time of such notice reasonable compensation for the value of his franchise.

(b) No gasoline distributor may raise any defense set forth in subsection (a) of this Section to an action brought under Section 5 unless he shall have given to the gasoline dealer who brings such action the written notice required by Section 4 (b) of this Act;

(c) These defenses are in addition to other defenses available under contract or provided by law.

Section 8. Upon receipt of notice to cancel or terminate an existing lease, it shall be the duty of the dealer to notify the distributor within thirty (30) days thereof of his intention to hold over and to set forth in writing to the distributor his reasons and justifications therefore and to thereafter within ten (10) days file his complaint or application for injunction in the court of proper jurisdiction, and the judge of said court shall within fifteen days conduct a hearing in said matter and thereafter within five days hand down a ruling based upon evidence presented as to the granting of a temporary injunction and failing to grant said injunction the dealer shall vacate said premises all according to said lease agreement.

Section 9. In order for the provisions of this Act to apply, it shall be necessary that all contracts be in writing.

Section 10. This Act is not intended to alter or change the present law or regulations pertaining to the sale or transfer of title to real property, and the owner may at any time enter into a contract for the bona fide sale of his property.

Section 11. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, sub section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General As sembly 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 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, FEBRUARY 26, 1973

1443

The following amendments were read and adopted:

Mr. Brown of the 67th moves to amend the Committee substitute to HB 67 by adding to Section 3, immediately after Section 3(e) between lines 15 and 16 on page 2, a new paragraph to read as follows:

"Nothing in this Act shall be construed as to repeal in any way the definition of distributor and the definition of dealer con tained in Ga. Laws 1937, pp. 167, 169 as amended, Ga. Code Anno tated 92-1402 (J) (n)."

Mr. Brown of the 67th moves to amend the Committee substitute to HB 67 by striking the comma on line 5 of page 5 and by changing the word "therefore" to "therefor" on line 22, page 5.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substiute, 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. Alexander, W. M. Atherton Bailey Berlin Blackshear Bohannon Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Clark Connell

Daugherty Davis, W. Dean, Gib Dean, N. Dixon Duke Ellis Evans Farrar Floyd, L. R. Grantham Greer Groover Hamilton Harrington Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell

Hudson Irvin, R. Irwin, J. R. Johnson Jordan Kreeger Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Morgan Nessmith Nix Northcutt Odom

1444
Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Rogers Ross Russell, J.

JOURNAL OF THE HOUSE,

Russell, W. D. Sams Shanahan Smith, V. B. Snow Stephens Sweat Thomason Toles

Triplett Vaughn Walker Wall Wamble Ware Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, J. H. Adams, Marvin Alien Bennett Berry Bostick Bray Carr Chance Cole Coleman Collins, M. Collins, S. Colwell Conney Dent Dickey Dollar

Edwards Floyd, J. H. Foster Fraser Geisinger Grahl Harden Harris, J. F. Hill, G. Irvin, J. Jessup Jones Keyton Lambert Matthews, D. R. Miles Moyer Mulherin

Oxford Patten, G. C. Patten, R. L. Peters Rainey Reaves Ritchie Roach Rush Strickland Thompson Tucker Turner Twiggs Waddle Wheeler, Bobby Whitmire Wood

Those not voting were Messrs.:

Beckham Bond Davis, E. T. Dean, J. E. Dorminy Egan Elliott Ezzard Gignilliatt Harrison

Hutchinson King Knight Lane, Dick Larsen, W. W. Lewis Logan McCracken Milford Mullinax

Murphy Noble Savage Shepherd Smith, J. R. Townsend Wheeler, J. A. Williams Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 96, nays 54.

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

MONDAY, FEBRUARY 26, 1973

1445

Due to mechanical failure, the vote of Mr. Lee of the 114th was not recorded.

Mr. Brown of the 67th moved that HB 67, by substitute, as amended, be immediately transmitted to the Senate and the motion prevailed.

Mr. Noble of the 48th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 67, but had he been present would have voted "aye".

Mr. Dean of the 17th stated that he had inadvertently voted "aye" on the passage of HB 67 and had intended to vote "nay".

Mr. Geisinger of the 44th arose to a point of personal privilege and addressed the House.

The Speaker Pro Tern assumed the chair.

Mr. Floyd of the 5th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 235. By Mr. Matthews of the 62nd:
A RESOLUTION
Awarding Honorable James H. "Sloppy" Floyd an honorary LLB Degree from the University of Georgia Law School; and for other purposes
WHEREAS, the Honorable James H. "Sloppy" Floyd has been a member of the House of Representatives for twenty years, and during that time has been the greatest non-lawyer in the history of the legisla tive field; and
WHEREAS, although he has used the phrase, "I am not a lawyer, but", 467,313 times by actual count during his long tenure of service, and after each of those phrases he has then proceeded to tell the mem bers of this body in no uncertain terms exactly what the law is on the particular subject to which he might be addressing himself; and

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JOURNAL OF THE HOUSE,

WHEREAS, his love for judges and lawyers is known far and wide, as is his love for officials of professional education societies; and

WHEREAS, a person with the legal attributes which he possesses should not be forced to operate under a subterfuge and the legal pro fession would be benefitted by an addition to its ranks.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable James H. "Sloppy" Floyd, who has practiced law without a license for more than twenty years, is hereby granted an honorary LLB Degree from the University of Geor gia Law School in recognition of the outstanding legal work he has performed in previous years. It is hoped that this is merely the start of a long and illustrious legal career, and by the payment of an additional $25.00, reliable authorities report, Mr. Floyd may receive a JD Degree from said Law School.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit an appropriate copy of this Resolution to Representative Floyd.

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 158. By Mr. Alexander of the 38th: A Bill to be entitled an Act to amend Code Chapter 79-5, relating to the change of names of individuals, so as to provide that before, the name of a minor can be changed the petitioner must obtain the written consent of the parent(s) if they are living and have not abandoned the child; and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 158 as follows:
By striking "a" on line 24, page 1 of Section 1 and re-inserting the word "his".
and by adding on page 2, line 17, before the word "before" the fol lowing words:
"In all cases"
and by adding on line 24 after the word "mail" the following:
"if the address is known, otherwise by publication as provided herein"

MONDAY, FEBRUARY 26, 1973

1447

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

On the passage of the Bill, as amended, the ayes were 98, nays 0.

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

HB 209. By Messrs. Alexander of the 38th and McKinney of the 35th: 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 provision for appeal of orders or acts 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 96, nays 3.

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

HB 220. By Messrs. Triplett of the lllth and Chance of the 112th:
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 3,000 pounds gross weight and less or 16 feet in length or less shall be exempt from the annual inspection provisions of said Act; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend the "Uniform Act Regulating Traf fic on Highways", approved January 11, 1954 (Ga. Laws 1953, NovDec., p. 556), as amended, particularly by an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1448

JOURNAL OP THE HOUSE,

Section 1. The "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec., p. 556), as amended, particularly by an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), is hereby amended by striking the first sentence of sub section (a) of Section 126 and substituting in lieu thereof the following:

"The director shall once each year require that every motor vehicle and each trailer and semi-trailer of more than 2,500 pounds gross weight registered in this State be inspected and that an of ficial certificate of inspection and approval be obtained for each such vehicle.",

so that when so amended the first paragraph of subsection (a) of Sec tion 126 shall read as follows:

"(a) The director shall once each year require that every motor vehicle and each trailer and semi-trailer of more than 2,500 pounds gross weight, registered in this State be inspected and that an official certificate of inspection and approval be obtained for each such vehicle. Provided, however, those trailers or semi-trailers which are built upon a chassis and are designed to be used as a dwelling without a permanent foundation and which exceed a width
of 8 feet and a length of 29 feet or a gross weight of 4,500 pounds shall not be subject to the provisions of this Section."

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:
Messrs. Collins of the 122nd and Nessmith of the 76th moves to amend the Committee Substitute to HB 220 as follows:
By adding in the title, following the words "of said Act" on line 7 of page 1, the following:
"; to exempt certain farm trailers from the requirments that they be annually inspected".
By adding, following the words "gross weight", on line 18 of page 1, the following:
"and farm trailers, pulled from a tongue, used in or operated for farm purposes which do not weigh in excess of 4,000 pounds when empty".
By adding, following the words "gross weight", on line 26 of page 1, the following:
"and farm trailers, pulled from a tongue, used in or operated for farm puropses which do not weigh in excess of 4,000 pounds when empty".

MONDAY, FEBRUARY 26, 1973

1449

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Colwell Coney Connell Daugherty Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon

Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J.

Larsen, G. K. Lee, W. J. (Bill)
Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith
Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan

1450
Shepherd Smith, J. R. Snow Stephens Sweat Thomason Thompson Toles Triplett

JOURNAL OP THE HOUSE,

Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble

Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Odom.

Those not voting were Messrs.:

Adams, Marvin Berry Blackshear Buck Coleman Collins, S. Davis, E. T. Davis, W. Ezzard Farrar

Fraser Grahl Hill, B. L. Hill, G. Horton, W. L. Howell Jessup Larsen, W. W. Lewis McCracken

McDaniell Murphy Petro Phillips, G. S. Russell, W. D. Smith, V. B. Strickland Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to mechanical failure, the vote of Mr. Lee of the 114th was not recorded.

HB 644. By Mr. Floyd of the 5th: 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 26, 1973

1451

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S.
Colwell
Coney
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan

Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton
King
Knight
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin

McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B.
Snow
Stephens
Strickland
Sweat
Thomason
Thompson
Toles
Townsend
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Walker
Wall

1452
Wamble Ware Wheeler, Bobby Wheeler, J. A.

JOURNAL OP THE HOUSE,

Whitmire Williams Willis

Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Blackshear Brown, S. P. Connell Ezzard Grahl Hill, G.

Horton, G. T. Le vitas Lewis McCracken McDonald Murphy

Patten, G. C. Phillips, G. S. Rainey Mr. Speaker

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

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

Mr. Williams of the 9th served notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 644.

Due to mechanical failure, the vote of Mr. Lee of the 114th was not recorded.

HB 731. By Messrs. Levitas of the 50th and McDaniell of the 20th:
A Bill to be entitled an Act to amend the Georgia Land Sales Act of 1972, so as to provide that the provisions of said Act shall apply to subdivided lands which are offered for sale in this State even though such lands are located outside this State; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

MONDAY, FEBRUARY 26, 1973

1453

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes.

The following amendment was read and adopted:
Mr. Levitas of the 50th moves to amend HB 246 by adding a new section as follows:
"2. The provisions of this Act shall be effective prespectively only. No person whose license has not heretofore been subject to suspension shall have his license suspended until he commits an offense hereafter which results in additional points being accumu lated."
And renumbering the remaining Sections accordingly.

The following amendment was read:
Mr. Adams of the 14th moves to amend HB 246 by striking the figure "2Y" on lines 21 and 26, and inserting the figure"18".

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. H. Alexander, W. M. Bailey Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Carr Chance Clark Collins, M. Daugherty Davis, W. Dean, J. E. Dent Dixon

Dorminy Duke Egan Elliott Farrar Floyd, L. R. Foster Grantham Hamilton Harden Harris, J. R. Harrison Hill, B. L. Horton, G. T. Horton, W. L. Hudson Hutchinson Irwin, J. R.

Johnson Keyton Knight Kreeger Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lowrey McDaniell McKinney Mover Mulherin Nessmith Odom Oxford Patten, R. L. Patterson Peters

1454
Rogers Russell, W. D. Shanahan Stephens Sweat Thomaston

JOURNAL OP THE HOUSE,

Toles Tucker Turner Waddle Walker

Wamble Whitmire Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams, G. D., Jr. Adams, Marvin Alien Beckham Berlin Bray Brown, C. Brown, S. P. Carrell Castleberry Cole Coney Dean, Gib Dean, N. Dickey Dollar Edwards Ellis Fraser

Gignilliat Groover Harrington Hays Howard Irvin, R. Jessup Jones Jordan King Lane, Dick Lee, W. S. Levitas Mason Matthews, C. Matthews, D. R. Mauldin Milford Mullinax

Patten, G. C. Pinkston Reaves Rtichie Roach Ross Rush Russell, J. Sams Smith, J. R. Smith, V. B. Snow Strickland Wall Ware Wheeler, Bobby Wheeler, J. A. Wilson, M. L.

Those not voting were Messrs.:

Adams, J. H. Atherton Bennett Berry Blackshear Bostick Buck Burruss Burton Busbee Carlisle Coleman Collins, S. Colwell Connell Davis, E. T. Evans Ezzard

Floyd, J. H. Geisinger Grahl Greer Harris, J. F. Hawes Hill, G. Howell Irvin, J. Lambert Larsen, W. W. Lewis Logan Marcus McCracken McDonald Miles Morgan

Murphy Nix Noble Northcutt Pearce Petro Phillips, G. S. Phillips, L. L. Rainey Savage Shepherd Thompson Townsend Triplett Twiggs Vaughn Willis Mr. Speaker

On the adoption of the amendment, the ayes were 70, nays 56.

The amendment was adopted.

MONDAY, FEBRUARY 26, 1973

1455

An amendment, offered by Mr. Brown of the 87th, was read and lost.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carrell Chance Cole Coleman Collins, S. Coney Connell Daugherty Davis, W. Dean, Gib Dean, N. Dickey Dixon Dollar Dorminy Duke Egan Elliott Ellis Farrar Floyd, J. H, Floyd, L. R. Foster

Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, W. L. Howard Hudson Hutchinson Irvin, R. Irwin Jessup Johnson Jones Jordan Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Le vitas Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell Morgan Moyer Mulherin Mullinax Nessmith Nix

Noble Odom Oxford Patten, G. C. Patten, R. L.
Patterson Peters Phillips, L. L. Pinkston
Ritchie
Roach
Rogers
Rush Russell, J. Russell, W, D. Sams Savage Shanahan Shepherd Smith, J. R.
Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Tucker Turner Waddle Walker
Wall Wamble Ware Wheeler, Bobby
Wheeler, J. A.
Whitmire Williams Willis
Wilson, J. M.
Wilson, M. L. Wood

1456

JOURNAL OP THE HOUSE,

Those voting in the negative ware Messrs.:

Alexander, W. H.
Bond Brown, B. D. Carr Clark Collins, M. Davis, E. T.

Dean, J. E.
Evans Hill, B. L. Keyton King McKinney Miles

Milford
Northcutt Reaves Ross Thompson

Those not voting were Messrs.:

Adams, J. H. Bennett Blackshear
Bostick Burruss Castleberry Colwell
Dent Edwards Ezzard
Grahl

Hill, G. Horton, G. T. Howell
Irvin, J. Lambert Larsen, W. W. Lewis
Logan Mason McCracken McDonald

Murphy
Pearce Petro Phillips, G. S.
Rainey Townsend Triplett Twiggs
Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 128, nays 19.

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

Due to mechanical failure, the vote of Mr. Lee of the 114th was not recorded.

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

HR 176-680. By Messrs. Lambert of the 97th, McCracken of the 77th and 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; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, FEBRUARY 26, 1973

1457

Section 1. Article III, Section VII, Paragraph XVII of the Consti tution is hereby amended by striking Paragraph XVII in its entirety and substituting in lieu thereof a. new Paragraph XVII to read as follows:
"Paragraph XVII. Corporate Powers, How Granted. The Gen eral Asembly shall have no power to make or change election pre cincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. The General Assembly shall have no power to grant corporate powers and privi leges to private companies, but it shall prescribe by law the manner in which such power to grant corporate powers and privileges to private companies shall be exercised by the Secretary of State. All corporate powers and privileges to banking, trust, insurance, rail road, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

" ( ) YES Shall the Constitution be amended so as to confer the authority to grant corporate powers and privi-
( ) NO leges to private companies to the Secretary of State?"

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, J. H. Adams, John

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

Bailey Bennett Berlin

1458
Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown', B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ellis
Evans
Ezzard
Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Geisinger
Gignilliat
Grantham
Greer

JOURNAL OP THE HOUSE,

Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Levitas
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Nessmith

Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson
Toles
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

MONDAY, FEBRUARY 26, 1973

1459

Those not voting were Messrs.:

Adams, Marvin Atherton Beckham Blackshear Burruss

Carrell Grahl Lewis McCracken Murphy

Petro Savage Smith, V. B. Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 0.

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

Due to mechanical failure, the vote of Mr. Lee of the 114th was not recorded.

Mr. Lewis of the 77th was granted a leave of absence to go to University Clinic upon his Doctor's recommendation with respect to a possible heart condition.

Pursuant to Act No. 1294, (HB 1210, Georgia Laws 1970), the following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, was received:

SECRETARY OF STATE State Capitol Atlanta 30334

January 26, 1973

Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Dear Jack:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearances as of 3:00 P.M. Friday, the 26th of January, 1973, being numbers 160 through 264, in accordance with Act No. 1294 (H. B. 1210), Georgia Laws 1970.

With best wishes, I am

Enclosure

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

1460

JOURNAL OP THE HOUSE,

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 twenty-seven pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 157 through 264) a'ong with the names of the respective
persons, firms, corporations, or associations they represent, who regis tered in the Docket of Legislative Appearances for the 1973 Session of the Georgia General Assembly as of 3:00 P.M. Friday, the 26th of
January, 1973, in accordance with 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 26th
day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-three and of the Independence of the United States of America the One Hundred and Ninety-seventh.

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

Seal.

157. D. Robert Gumming, Jr. American Insurance Assoc. Piedmont Hospital, Inc. 3100 First National Bank Tower Atlanta, Georgia 30303
158. Carey P. DeDeyn American Insurance Assoc. 3100 First National Bank Tower Atlanta, Georgia 30303
159. Linda A. Evans National Organization for Women 2181C. Coosawattee Dr. Atlanta, Georgia 30319
160. Kathleen M. Mull Georgia Association of Licensed Practical Nurses Route Two Box 1086 Hampton, Georgia 30228
161. Marie McGlaun Georgia School Food Service 2917 Edgewood Road Columbus, Georgia 31906
162. D. Douglas Barnard, Jr. First Railroad & Banking Co. 699 Broad Street Augusta, Georgia

MONDAY, FEBRUARY 26, 1973

1461

163. Joseph J. Moylan Motor Vehicle Manufacturers Association of the U. S., Inc. 827 Hartford Building Atlanta, Georgia 30303
164. Tom Spencer Registered Agent City of Centerville Houston County Speech and Hearing Association, Inc. 608 Watson Boulevard Warner Robins, Georgia 31093
165. Helen Jacobs Georgia Womens Political Caucus 4558 Roswell Rd. Apt. H3 Atlanta, Georgia 30342
166. Bryce Holcomb Georgia Soft Drink Assoc. 2508 Carroll Avenue Chamblee, Georgia 30341
167. RADM. Carl F. Stillman Atlanta Chapter National Health Federation 525 West Wesley Road, N. W. Atlanta, Georgia 30305
168. Dexter Gatehouse Georgia Retail Food Dealers Association, Inc. P. O. Box 10551 Atlanta, Georgia 30310
169. Marvin Brazeal Georgia Distilled Spirits Institute 3108 Piedmont Road, Suite 204 Atlanta, Georgia 30305
170. J. Ben Shapiro, Jr. Registered Agent Roofing and Sheet Metal Contractors of Ga., Inc. Master Roofing and Sheet Metal Contractors Assn. of Georgia, Inc. Resilient Floor Covering Contractors Association of Atlanta, Inc. Association of Mechanical Contractors of Atlanta, Inc. National Electrical Contractors Assn., Atlanta Chapter. Georgia Subcontractors, Inc. 3015 First National Bank Tower Atlanta, Georgia 30303
171. Ira J. Smotherman, Jr. Registered Agent Roofing and Sheet Metal Contractors of Ga., Inc. Master Roofing and Sheet Metal Contractors Assn. of Georgia, Inc. Resilient Floor Covering Contractors Association of Atlanta, Inc. Association of Mechanical Contractors of Atlatna, Inc. Georgia Subcontractors, Inc. National Electrical Contractors Assn., Atlanta Chapter 3015 First National Bank Tower Atlanta, Georgia 30303

1462

JOURNAL OP THE HOUSE,

172. C. G. "Mike" Bender Georgia Dairy Products Assn. P. O. Box 458 Marietta, Georgia 30061
173. Robert W. Weaver Freeport Kaolin Company Gordon, Georgia 31031
174. Michele Sagllem Georgia Student Lobby 1123 Maple Street Carrollton, Georgia 30117
175. Patricia Sherlock Georgia Student Lobby Box 27131 West Georgia College Carrollton, Georgia 30117
176. Richard S. Gathany Georgia Student Lobby Box 37 Toccoa Palls, Georgia 30577
177. Lowery Wilbanks Registered Agent Georgia Power Company R.E.A. 527 E. Doyle Street Toccoa, Ga. 30577
178. Mark E. Johnson, Jr. Georgia Municipal Assoc.--Power Section Suite 2635 First National Bank Tower Atlanta, Georgia 30303
179. Leah A. Janus League of Women Voters of Georgia 3166 Maple Drive Atlanta, Georgia 30327
180. John W. Littleton Georgia Dental Society 256 Lydia Dr. Atlanta, Georgia 30315
181. Paul Weatherby Georgia Electric Membership Corporation Route 3--Box 35 Ball Ground, Georgia 30107
182. Ray Watson Georgia Electric Membership Corporation Juno, Georgia 30551
183. Jerry L. Dover Sumter Electric Membership Corporation P. O. Box 1048 Americus, Georgia 31709

MONDAY, FEBRUARY 26, 1973

1463

184. Otis L. Cato Georgia Electric Membership Corporation Route 4 Gainesville, Georgia 30501
185. Lewis Shirley Georgia Electric Membership Corporation Route 1 Jefferson, Georgia 30549
186. Charles Sims Georgia Electric Membership Corporation 126 Martin Street Jefferson, Georgia 30549
187. W. H. Callaway Ga. Electric Membership Corp. Box 250 Hartwell, Georgia 30643
188. J. Clarke Hudson Ga. Electric Membership Corp. Route 1 Elberton, Georgia 30635
189. James Musgrove Georgia Electric Membership Corporation P. O. Box 863 Newnan, Georgia 30263
190. John Hood Georgia Electric Membership Corporation Box 488 Newnan, Georgia 30263
191. J. 0. Mills Georgia Electric Membership Corporation Box 308 Reynolds, Ga. 31076
192. Richard H. Parks, Jr. Georgia Electric Membership Corporation P. 0. Box 398 Reynolds, Georgia 31076
193. I. F. Murph Georgia Electric Membership Corporation Marshallville, Georgia
194. Ramon Meguiar Ga. Electric Membership Corp. P. O. Box 267 Alamo, Georgia 30411
195. David Holmes Ga. Electric Membership Corp. Route 4 Box 104 Sandersville, Georgia 31082

1464

JOURNAL OF THE HOUSE,

196. Theo M. Parkerson Ga. Electric Membership Corp. President Eastman, Georgia 31023
197. Preston Johnson Georgia Electric Membership Corporation P. O. Box 37 Dudley, Georgia 31022
198. Julian E. Boyer Georgia Electric Membership Corporation P. O. Box 37 Dudley, Georgia 31022
199. Bennie H. Davis Georgia Electric Membership Corporation P. O. Box 37 Dudley, Georgia 31022
200. Thomas M. Weldon Ga. Electric Membership Corp. Barnesville, Georgia 30204
201. E. J. Martin, Jr. Ga. Electric Membership Corp. Milner, Georgia 30257
202. Gary Drake Ga. Electric Membership Corp. Barnesville, Georgia 30204
203. A. P. Massengale Ga. Electric Membership Corp. Greenville, Georgia 30222
204. Kenneth Burson Ga. Electric Membership Corp. LaGrange, Georgia 30240
205. C. W. Thompson Georgia Electric Membership Corporation P. O. Box 869 Douglasville, Ga. 30134
206. C. Worth McClure Georgia Electric Membership Corporation 3820 Stonewall-Tell Rd. College Park, Ga. 30349
207. L. R. Suggs Georgia Electric Membership Corporation 3925 Stonewall-Tell Rd. College Park, Ga. 30349
208. R. D. Baker Habersham Electric Membership Corporation Route 1 Clermont, Ga. 30527

MONDAY, FEBRUARY 26, 1973

1465

209. 0. B. Davis Ga. Electric Membership Corp. LaGrange, Georgia 30240
210. Curtis S. Martin, Jr. Ga. Electric Membership Corp. Cornelia, Georgia 30531
211. Burnes Sims Ga. Electric Membership Corp. Clarkesville, Georgia 30523
212. H. S. Nix Ga. Electric Membership Corp. Cleveland, Georgia 30528
213. Frank L. Hemphill Ga. Electric Membership Corp. P. 0. Box 25 Clarkesville, Georgia 30523
214. Julian Gravitt Ga. Electric Membership Corp. Gumming, Georgia 30130
215. Frank Coker Ga. Electric Membership Corp. Route 2 Canton, Georgia 30114
216. Preston Martin Ga. Electric Membership Corp. Route 6 Gumming, Georgia 30130
217. Lewis Phillips Ga. Electric Membership Corp. Route 5 Gumming, Georgia 30130
218. Beverly Long Registered Agent Georgia Association for Mental Health League of Women Voters (Courts) 1036 Somerset Drive, N. W. Atlanta, Georgia 30327
219. John P. Stevens First National Bank Box 4148 Atlanta, Georgia 30302
220. John W. Watts The Sperry and Hutchinson Co. P. O. Box 656 Norcross, Georgia 30071
221. Calvin Harman Ga. Electric Membership Corp. Stovall, Georgia 30283

1466

JOURNAL OP THE HOUSE,

222. W. A. Abernathy Ga. Electric Membership Corp. Route 3 LaGrange, Georgia 30240
223. 0. R. Caudle Ga. Electric Membership Corp. Mountville, Georgia 30261
224. Dorothy Felton (Mrs. J. J.) League of Women Voters 465 Tanacrest Drive, N. W. Atlanta, Georgia 30328
225. Wayne T. Elliott The Sperry and Hutchinson Co. 4000 First National Bank Tower Atlanta, Georgia 30303
226. Dorothy P. Spence Georgia Assn., A.I.A. 2525 Peachtree Center Bldg. Atlanta, Georgia
227. Elizabeth Watkins The Central Georgia Electric Membership Corp. 309 S. Mulberry Street Jackson, Georgia 30233
228. Jesse L. Barnes The Central Georgia Electric Membership Corp. 309 S. Mulberry Street Jackson, Georgia 30233
229. P. W. Hamil The Central Georgia Electric Membership Corp. Route 4 Griffin, Georgia 30223
230. Juanita E. Pate The Georgia Association of Mutual Insurance Agents 1776 Peachtree Street, N. W. Atlanta, Georgia 30309
231. Mrs. Karen Miller Herself--Judicial Reform 4574 Meadow Valley Drive, N. E. Atlanta, Georgia 30342
232. Richard P. Hunt Richard P. Hunt 7618 Hanley Road Tampa, Florida 33614

MONDAY, FEBRUARY 26, 1973

1467

233. Louise Bass. Georgia School Food Service 208 Bull Street Savannah, Georgia 31401
234. Rev. Fred C. Bennette, Jr. Registered Agent SCLC All Citizen's Registration Committee Georgia Voters League 334 Auburn Avenue, N. E. Atlanta, Georgia 30303
235. Mary Shugart Georgia School Food Service 117 Jo Ann Drive Marietta, Georgia 30062
236. Edward W. Killorin Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303

237. C. E. Marshall Ga. Electric Membership Corp. Box 456 Reynolds, Georgia 31076
238. Charles M. Stapleton Independent Bankers Assoc. of Georgia 700 Home Federal Bldg. Macon, Georgia
239. Sherwin S. Tucker Fulton County Board of Education 786 Cleveland Avenue, S. W. Atlanta, Georgia 30215
240. Garland Williams Fulton County Board of Education 786 Cleveland Avenue, S. W. Atlanta, Georgia 30215
241. Linda F. Barnes Fulton County Association of Educators 300 Johnson Ferry Rd. Atlanta, Georgia 30339
242. W. Fred Darnell Ga. Electric Membership Corp. 732 North Main Street Alpharetta, Georgia 30201
243. Abit Massey Georgia Poultry Federation Box 763 Gainesville, Georgia 30501

1468

JOURNAL OF THE HOUSE,

244. W. H. Hosch Fulton National Bank P. O. Box 4387 Atlanta, Georgia 30302
245. James P. Martin Georgia Society of CPA's 1504 William Oliver Building Atlanta, Georgia 30303
246. William E. Rayburn Georgia Association of Educators (Glynn County) 396 Lake Circle Drive Brunswick, Georgia 31520
247. Tony Black Ga. Electric Membership Corp. 1010 Feldon Street Americus, Georgia 31709
248. Jan Lee Anti- ERA Box 337 Agnes Scott College Decatur, Georgia
249. Erin Sherman Anti-E R A Box 557 Agnes Scott College Decatur, Georgia
250. Al S. Hill Georgia Association of Assessing Officials Courthouse Griffin, Georgia 30223
251. Cubbedge Snow Independent Bankers Assn. of Georgia 700 Home Federal Building Macon, Georgia 31208
252. Bob Humphries SAVE 1611 Milford Church Road Marietta, Georgia 30060
253. W. A. Binns Union Camp Corporation P. 0. Box 570 Savannah, Georgia 31402
254. Helen F. Shell Registered Agent Georgia Roadside Council Metropolitan Atlanta Better Films and Television Council 5545 Arundel Drive, N. W. Atlanta, Georgia 30327

MONDAY, FEBRUARY 26, 1973

1469

255. Tom Nuckols 3 M Company 5925 Peachtree Ind. Blvd. Chamblee, Georgia 30341
256. Charles W. Edwards Home Builders Assn. of Ga. 2799 Delk Road, S. E. Marietta, Georgia 30062
257. Robert W. Hayes Georgia Telephone Association 1627 Fulton National Bank Bldg. Atlanta, Georgia 30303
258. Mark E. Johnson, Jr. American Safety Belt Council 2635 First Nat'1. Bank Tower Atlanta, Georgia 30303
259. Trammell E. Vickery Georgia Hospital Assn. Haas-Howell Building Atlanta, Georgia 30303
260. Claude H. Jordan American Safety Belt Council 2635 First Natl. Bank Tower Atlanta, Georgia 30303
261. H. E. Reagan Registered Agent Atlanta Retail Merchants Association Atlanta Automobile Assn. 14A10 Atlanta Merchandise Mart Atlanta, Georgia
262. Leland Moore Sears Roebuck & Co. 675 Ponce de Leon Ave., N. E. Atlanta, Georgia 30308
263. James Bell Sears Roebuck & Co. 675 Ponce de Leon Ave., N. E. Atlanta, Georgia 30308
264. Stewart M. Huey Building Owners & Managers of Atlanta, Inc. 922 Healey Building Atlanta, Georgia 30303

Mr. Connell of the 80th moved that the House do now adjourn until 2:00 o'clock tomorrow afternoon and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 2:00 o'clock tomorrow afternoon.

1470

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 27, 1973

The House met pursuant to adjournment at 2:00 o'clock, P. M., this day and was called to order by the Speaker.

Prayer was offered by Rev. George S. Hulsey, Pastor, First Baptist Church, Elberton, Georgia.

By unanimous consent, the call of the roll was dispensed with.
Mr. Mauldin of the 13th, Chairman of the Committee on 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 readfng 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 27, 1973, and submits the following:

TUESDAY, FEBRUARY 27, 1973

1471

HB 21. Driver License Medical Advisory Board

HB 164. Insurance, Lending Institutions

HB 188. Game & Pish, Catch Out Pond License

HB 189. Game & Fish, Commercial Fish Hatchery

HB 255. Deceptive Practices, Trade or Commerce

HB 318. Superior Courts Clerks, Minimum Salaries

HB 355. Banking & Finance, Purchase of Instruments

HB 360. Health & Welfare, Services, Revise

HB 384. Traffic Citation & Complaint, Public Safety

HB 395. Peace Officer Standard and Training Council

HB 606. Board of Education Liability Insurance

HB 607. Dead Animal Disposal Act, Amend

HB 611. Honorary Driver's License, Request License

HB 612. Banks, Surrender of Stock Certificate

HB 613. Banks, Ownership of Bank Shares

HB 833. Banking & Finance, Population Data

The Speaker shall have the right to call the above Bills and Resolu tions in any order which he may desire.

Respectfully submitted, Busbee of the 114th, Chairman

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 926. By Messrs. Gignilliat of the 105th, Thompson of the 86th and Mulherin of the 81st: A Bill to be entitled an Act to recreate and reestablish within the De partment of the Secretary of State, the Georgia Commission for the Na-

1472

JOURNAL OP THE HOUSE,

tional Bicentennial Celebration; to provide for the membership of said Commission; and for other purposes.
Referred to the Committee on Industry.

HB 927. By Messrs. Murphy of the 18th and Smith of the 74th:
A Bill to be entitled an Act to amend Code Chapter 68-6, relating to motor common carriers, so as to provide that the Public Service Com mission may grant for a period not in excess of 30 days a nonrenewable emergency authority for service in areas having an unmet urgent need; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 928. By Messrs. Murphy of the 18th and Smith of the 74th:
A Bill to be entitled an Act to amend Code Chapter 68-5, relating to the regulation of motor contract carriers for hire other than common car riers, so as to provide uniform registration and license requirements and procedures for motor contract carriers and motor common carriers; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 929. By Messrs. Bennett, Patten and Reaves of the 124th:
A Bill to be entitled an Act to amend Code Title 92, relating to public revenue, so as to change the provisions relative to the use by the board of tax assessors of each municipality of the 100% fair market value de termined for property for county ad valorem tax purposes as the basis for fair market value of property for municipal tax purposes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 930. By Mr. Shanahan of the 7th:
A Bill to be entitled an Act to provide that certain of the Grand Juries of Gordon County shall review the compensation of the county officers and shall make recommendations to the governing authority relative to the compensation to be received by such officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 232-930. By Messrs. Adams of the 84th, Brantley of the 92nd, Morgan of the 70th, Hutchinson of the 114th, Rush of the 104th, Carr of the 90th, Nessmith of the 76th, Smith of the 74th, Harrison of the 116th and others:
A Resolution petitioning the Congress of the United States to preserve the capital gains treatment of timber; and for other purposes.
Referred to the Committee on Ways and Means.

TUESDAY, FEBRUARY 27, 1973

1473

HR 233-930. By Messrs. Keyton of the 121st, Reaves of the 124th, Groover of the 75th and Bostick of the 123rd:
A Resolution proposing an amendment to the Constitution so as to pro vide the Court of Appeals shall have exclusive original jurisdiction for review of orders or rules of the Public Service Commission; and for other purposes.
Referred to the Committee on Judiciary.

HR 234-930. By Messrs. Gignilliat of the 105th, Murphy of the 18th, Smith of the 91st, Alien of the 108th, Colwell of the 4th, Jones of the 109th, Triplett of the lllth and Ellis of the 107th:
A Resolution authorizing the State Properties Control Commission to grant to Georgia Marine Warehouse Company a license to use, the hereinafter described portion of the Savannah River Bottom in Chatham County upon payment into the State Treasury of a sum not less than $250.00; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 931. By Mr. Collins of the 45th:
A Bill to be entitled an Act to amend an Act relating to license and ex cise taxes upon the business of dealing in malt beverages, so as to au thorize the production of a certain quantity of malt beverages; and for ot/h' er purposes. Referred to the Committee on Temperance.

HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
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 Of fice 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.

HB 934. By Messrs. Russell, Logan and Matthews of the 62nd and McDonald of the 12th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Barrow County, so as to repeal certain provisions relative to dereliction of duty and removal of commissioners from office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1474

JOURNAL OF THE HOUSE,

HB 935. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of Glascock County and providing in lieu thereof an annual salary, so as to change the compensation which the deputy sheriff receives, from county funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 936. By Mr. Triplett of the lllth:
A Bill to be entitled an Act to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 937. By Mr. Triplett of the lllth:
A Bill to be entitled an Act to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 938. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act abolishing the fee system and providing an annual salary for the ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 939. By Mr. Hill of the 110th:
A Bill to be entitled an Act to require persons who receive notices of defects in motor vehicles to cause such motor vehicle to be taken to the motor vehicle dealer for correction of such defects; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 940. By Messrs. Bostick and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Tift County, so as to change the compensation of the chairman of said board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 27, 1973

1475

HB 941. By Messrs. Bostick and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Tift County, so as to provide for a contingent expense allowance for the vice chairman and members of said board of commis sioners other than the chairman; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 942. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Higher Education Assistance Corporation, so as to change the provisions relative to the maximum amount of loans that may be guaranteed for students by the Corporation; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 236-942. By Messrs. Hill of the 41st and Collins of the 45th:
A Resolution creating the Food Costs Study Committee; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.

HR 237-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to repeal the provision declaring lobbying to be a crime and requiring the Gen eral Assembly to enforce said provision by suitable penalties; and for other purposes.
Referred to the Committee on Industry.

HR 238-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the apportionment of the Senate and House of Representatives, the number of Senators and Representatives and the method of changing the apportionment of the Senate and House of Representatives; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

HR 239-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to provide an increase in the compensation of any elective official in this State shall not become effective during the term of office of such official in which such increase is approved or authorized; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HR 240-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to re peal the provision that no poll tax shall be levied to exceed $1.00 an nually upon each poll; and for other purposes.
Referred to the Committee on Ways and Means.

HR 241-942. By Mr. Savage of the 30th: A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall provide by law that a special elec tion shall be held to fill any vacancy in the membership of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.
HB 943. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend Code Section 34-802, as amended, so as to change the provisions relative to population; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 944. By Mr. Fraser of the 117th: A Bill to be entitled an Act to amend an Act supplementing the fees of the Ordinary of Liberty County, so as to change the compensation of the clerk of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 945. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Title 61, relating to landlords and tenants, so as to provide that no contract creating the relationship of landlord and tenant shall deny the right of the tenant to convey the usufruct by assignment or subletting of the premises with the landlord's consent; and for other purposes.
Referred to the Committee on Special Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 911. By Mr. Lambert of the 97th: A Bill to be entitled an Act to amend Code Section 56-2437, relating to the purchase of liability insurance by municipal corporations, coun-

TUESDAY, FEBRUARY 27, 1973

1477

ties and other public bodies, so as to redefine and expand the circum stances in which a county, municipal corporation or other political body shall be authorized to purchase liability insurance; and for other purposes.

HB 912. By Mr. Irvin of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the salaries of the elected officials of said city; and for other purposes.

HB 913. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to regulate the bail bond business in the State; to provide for a short title; and for other purposes.

HB 914. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to prescribe safety standards for petroleum tank farms; to provide for declaration of purposes; and for other purposes.

HB 915. By Messrs. Matthews of the 122nd, Rush of the 104th, Wheeler of the 13th, Toles of the 16th, King of the 85th and Adams of the 74th:
A Bill to be entitled an Act to amend Code Chapter 26-12, relating to abortion, so as to delete the provisions relative to the reasons for an abortion; and for other purposes.

HB 916. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to create the Lowndes County Water and Sewerage Authority; and for other purposes.

HB 917. By Messrs. Kreeger of the 21st, Wilson of the 19th and Howard of the 19th:
A Bill to be entitled an Act amending, revising, consolidating and super seding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.

HB 918. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to amend an Act known as the "Aid to De pendent Children Act", by repealing in its entirety the amending Act approved February 15, 1952, so as to delete the additional eligibility requirements where an illegitimate child is named as a dependent by the applicant for such aid; and for other purposes.

1478

JOURNAL OP THE HOUSE,

HB 919. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to change the count of shrimp from 55 shrimp with heads on to the pound, to 45 shrimp with heads on to the pound; and for other purposes.

HB 920. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act placing the county of ficers of McDuffie County upon an annual salary, so as to provide for additional deputy sheriffs and their compensation; and for other pur poses.

HB 921. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act to amend an Act known as the "State Ports Authority Act", so as to authorize the Governor to convey certain property to the Georgia State Ports Authority subject to the Marsh lands Protection Act of 1970; and for other purposes.

HR 231-921. By Mr. Petro of the 46th, Mrs. Clark of the 55th, Messrs. Burton of the 47th, Horton of the 56th and Dean of the 54th:
A Resolution proposing an amendment to the Constitution so as to authorize DeKalb County to adopt ordinances authorizing pari-mutuel betting in DeKalb County; and for other purposes.

HB 922. By Mr. Irwin of the 113th:
A Bill to be entitled an Act to amend Code Section 23-1113, relating to the performance of the duties of the county surveyor by another person where there is no county surveyor, so as to provide for the perfor mance of the duties of a county surveyor by a registered land surveyor; and for other purposes.

HB 923. By Messrs. Miles of the 79th and Sams of the 83rd:
A Bill to be entitled an Act to amend an Act creating the Civil Court of Richmond County; and for other purposes.

HB 924. By Mr. Berlin of the 89th:
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 a judge in his discretion may allow sentences of six months or less to be served on weekends; and for other purposes.

TUESDAY, FEBRUARY 27, 1973

1479

HB 925. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as "The Lender Credit Card Act", so as to change the method of computing the finance charge; and for other purposes.

HB 932. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to redefine the corporate limits of the City of Athens, and for other purposes.

SB 5. By Senators London of the 50th and Kidd of the 25th:
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 date for making quarterly returns; and for other purposes.

SB 17. 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.

SR 46. By Senator Webb of the llth:
A Resolution creating a Joint Committee for the Study and Recom mendation of Pattern Jury Instructions; and for other purposes.

SR 76. By Senators McGill of the 24th, Dean of the 6th and Kennedy of the 4th:
A Resolution urging the Secretary of Agriculture to establish the sup port price for manufacturing milk for the marketing year beginning April 1, 1973, at the level of 85% of the parity price; and for other purposes.

SB 139. By Senator Stephens of the 36th:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 195. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital autkorities, so as to redefine the word "project"; and for other purposes.

SB 231. By Senator London of the 50th:
A Bill to be entitled an Act to create the White County Water and Sewerage Authority; and for other purposes.

SB 240. By Senator Stephens of the 36th:
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 thorize the destruction of certain records; and for other purposes.

SB 242. By Senator Stephens of the 36th:
A Bill to be entitled an Act to repeal an Act providing that in counties having a population over 500,000, the Tax Commissioner shall retain the physical custody of all tax deeds as agent for the grantee; and for other purposes.

SB 243. By Senator Stephens of the 36th:
A Bill to be entitled an Act to repeal an Act providing that in counties having a population over 500,000, the sale or transfer of tax fi. fas. shall be optional with the Tax Commissioner; and for other purposes.

SB 250. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to provide for the licensing of open to the public airports by the Department of Transportation; and for other purposes.

SB 255. By Senators Parker of the 31st, Wasden of the 2nd and Salter of the 17th:
A Bill to be entitled an Act to prohibit cutting, harvesting, removing or eradicating sea oats; and for other purposes.

SB 263. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act incorporating and granting a new charter to the City of Oakwood, so as to provide for the minimum width of the driving surface of streets; and for other purposes.

TUESDAY, FEBRUARY 27, 1973

1481

SB 266. By Senator London of the 50th:
A Bill to be entitled an Act providing coverage for certain employees of the political subdivisions of this State under the Social Security Act, so as to make provisions for cooperative educational service agencies; and for other purposes.

SB 270. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Watkinsville, so as to provide that the Mayor shall be elected by a majority vote; and for other purposes.

SB 285. By Senator Reynolds of the 48th:
A Bill to be entitled an Act authorizing the Department of Transporta tion to provide financial support to municipalities, counties, authorities, State agencies and instrumentalities for clearing, dredging, or main taining free from obstruction the ports, seaports or harbors of this State; and for other purposes.

Mr. Brown of the 67th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the follow ing Bill of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 504. Do Pass, by Substitute.
SB 180. Do Pass.
Respectfully submitted, Brown of the 67th, Chairman.

Mr. Lee of the 68th District, Chairman of the Committee on Industry, sub mitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 171. Do Pass, by Substitute.

1482

JOURNAL OF THE HOUSE,

HB 455. Do Pass, by Substitute.

HB 520. Do Pass, as Amended.

HB 679. Do Pass.

SB 73. Do Pass.

Respectfully submitted, Moyer of the 99th, Secretary.

Mr. McCracken of the 77th District, Chairman of the Committee on In surance, submitted the following report:
Mr. Speaker:
The 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 78. Do Pass, by Substitute.
Respectfully submitted, Dixon of the 126th, Vice-Ch airman.

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 35. Do Pass.
HB 558. Do Pass.
SB 29. Do Pass, by Substitute.
HB 559. Do Not Pass.

TUESDAY, FEBRUARY 27, 1&73

1483

HB 579. Do Pass, as Amended.

HB 257. Do Pass.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Smith of the 74th District, Chairman of the Committee on Motor Ve hicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 614. Do Not Pass.
SB 167. Do Pass.
HB 698. Do Pass, by Substitute.
Respectfully submitted, Smith of the 74th, Chairman.

Mr. Dorminy of the 115th District, Chairman of the Committee on Natural Resources submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 815. Do Pass, as Amended.
HB 870. Do Pass.
Respectfully submitted, Mason of the 59th, Secretary.

1484

JOURNAL OP THE HOUSE,

Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 64. Do Pass.

HB 58. Do Pass.

HB 210. Do Pass.

HB 391. Do Pass.

HB 392. Do Pass.

HB 390. Do Pass.

HB 258. Do Pass, by Substitute.

HB 193. Do Pass.

HB 32. Do Pass, by Substitute.

Respectfully submitted, Buck of the 87th, Chairman.

Mr. Colwell of the 4th District, Chairman of the Committee on State Institu tions & 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 recommen dations :
HR 200-776. Do Pass.
HR 152-604. Do Pass.
HB 783. Do Pass.

TUESDAY, FEBRUARY 27, 1973

1485

SR

50. Do Pass.

HB 382. Do Pass.

Respectfully submitted, Colwell of the 4th, Chairman.

Mr. Howell of the 118th District, Chairman of the Committee on State of Re public submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 438. Do Pass, by Substitute.
HB 566. Do Pass.
HR 127-480. Do Pass.
Respectfully submitted, Howell of the 118th, Chairman.

Mr. Levitas of the 50th 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 the same back to the House with the following recommendations:
HB 739. Do Pass.
HB 740. Do Pass.
HB 771. Do Pass.
HB 785. Do Pass.
HB 787. Do Pass, as Amended.

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JOURNAL OF THE HOUSE,

HB 789. Do Pass. HB 791. Do Pass. HB 794. Do Pass. HB 795. Do Pass. HB 796. Do Pass. HB 797. Do Pass. HB 798. Do Pass. HB 809. Do Pass. HB 810. Do Pass. HB 813. Do Pass. HB 814. Do Pass. HB 823. Do Pass. HB 824. Do Pass. HB 825. Do Pass. HB 826. Do Pass. HB 827. Do Pass. HB 828. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Lane of the 76th District, Chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:

Your Committee on Temperance 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 873. Do Pass.

HB 237. Do Not Pass.

Respectfully submitted, Bennett of the 124th, Secretary.

TUESDAY, FEBRUARY 27, 1973

1487

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

HB 739. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act creating the State Court of Sumter County, so as to change the compensation of the judge and so licitor 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 740. By Messrs. Oxford of the 101st and Castleberry of the 96th: A Bill to be entitled an Act to amend an Act fixing the compensation of the treasurer of Sumter County, so as to change the compensation of the Treasurer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

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

HB 771. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Butts County, so as to change the compensation 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 105, nays 0.

1488

JOURNAL OF THE HOUSE,

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

HB 785. By Messrs. Jones of the 109th, Alien of the 108th, Triplett of the lllth, 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 nine commissioners of Chatham County and ex officio judges, one of whom shall be the chairman 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 105, nays 0.

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

HB 787. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen, so as to delete the provisions authorizing the Board of Commis sioners to fix their compensation and to establish in lieu thereof the com pensation to include the Mayor and Vice Mayor; and for other purposes.

The following Committee amendment was read and adopted.

The Committee on State Planning and Community Affairs moves to amend HB 787 as follows:
By striking from lines 19 and 20 of page 1 the following:
"Effective January 1, 1973 and each year thereafter."
By striking from line 22 of page 1, from line 24 of page 1, and from line 27 of page 1 the following:
"per year",
and inserting in lieu thereof the following:
"per month".

TUESDAY, FEBRUARY 27, 1973

1489

By inserting, following the figures and symbol, "$300.00", on line 10 of page 2, the following:

"per month".

By inserting, following the figures and symbol, "$250.00", on line 12 of page 2, the following:

"per month".

By inserting, following the figures and symbol, "$200.00", on line 14 of page 2, the following:

"per month".

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 789. By Mr. Adams of the 84th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, so as to provide that all elections in said City shall be conducted in conformity with the Georgia Municipal Election Code; to change the terms of office of the Mayor and Council; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

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

HB 791. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend "An Act to amend the Charter of the Town of Athens", so as to provide a Civil Service Commission for the City; 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 105, nays 0.

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

HB 794. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th and others:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to au thorize the judges of said judicial circuit to employ full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking down of criminal felony cases; and for other purposes.

The report 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 795. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th and others:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to authorize the judges of said state court to em ploy full-time official court reporters; and for other purposes.

The report 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.

TUESDAY, FEBRUARY 27, 1973

1491

HB 796. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th and others:
A Bill to be entitled an Act to provide that the Commissioner of Paulding County may establish fire prevention districts; to provide for an elec tion for a determination as to a tax levy in such districts; to provide for a referendum; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 797. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th and others:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Paulding County, so as to carry out the purpose of the amendment to Article XV, Section II of the Constitution; and for other purposes.

The report 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 798. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th and others: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dallas in the County of Paulding, so as to change the powers of the officer of the recorder's court with respect to penalties, contempt provisions and court costs; and for other purposes.
The report 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.

1492

JOURNAL OF THE HOUSE,

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

HB 809. By Mr. Eraser of the 117th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Sheriff and Clerk of the Superior Court of Liberty County, so as to change the compensation of the sheriff, full-time deputy sheriffs, and 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 105, nays 0.

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

HB 810. By Mr. Eraser of the 117th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment and terms of office of members of the Liberty County Industrial Authority, so as to provide that said Board shall be authorized to levy and collect annual ad valorem tax not exceeding 2 mills for developing and promoting industry; and for other purposes.

The report 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 813. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to be entitled an Act to amend the Cherokee County Water Au thority Act, so as to delete therefrom the limitation on the amount of outstanding bonds; and for other purposes.

The report 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.

TUESDAY, FEBRUARY 27, 1973

1493

HB 814. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to be entitled an Act to provide for the numbering of positions of membership on the Cherokee 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 105, nays 0.

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

HB 823. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to au thorize the judges of said circuit to employ three full-time official court reporters; and for other purposes.

The report 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 824. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to create the office of Court Administrator 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 105, nays 0.

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

1494

JOURNAL OF THE HOUSE,

HB 825. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the compensation of the sheriff, his deputy, and his secretary; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 826. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Lanier County, so as to change the compensation of the tax commissioner; to provide compensation for any additional 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 827. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the ordinary of Lanier County and providing in lieu thereof an annual salary, so as to change the compensation of the or dinary; and for other purposes.

The report 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.

TUESDAY, FEBRUARY 27, 1973

1495

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

HB 828. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Lanier County Attorney, so as to change the compensation of the Lanier County Attorney; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on State of Republic:
HB 979. By Messrs. Jordan of the 58th, Farrar of the 52nd, Russell of the 53rd, Busbee of the 114th, Connell of the 80th and Lee of the 114th: A Bill to be entitled an Act to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official must be introduced in the Gen eral Assembly during the first 10 days of any session, so as to provide for fiscal notes evaluating bills changing the salary or allowances; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 242. By Messrs. Moyer of the 99th and Waddle of the 98th:
A RESOLUTION
Commending the personnel of WRBN Radio; and for other purposes.
WHEREAS, during the recent storm which dumped 16" of snow over middle Georgia, certain personnel of WRBN Radio in Warner Robins, Georgia, remained on the job for over 48 straight hours; and
WHEREAS, such personnel worked diligently to keep the public in formed and to coordinate emergency efforts of local governmental agen cies and civil defense units; and

1496

JOURNAL OP THE HOUSE,

WHEREAS, the dedicated workers of WREN included the following: John Lynn, Phil Clark, Bert Bowen, Dale Cowert, Ric Sebastion, John Brown, Ray Thomas, Dick Strouse, Glenda Smith and Gay Ring; and

WHEREAS, Mr. Bowen, a part-time employee, worked 48% hours from Friday night to Monday morning, and at one time was on the air for 22% straight hours; and

WHEREAS, it is only fitting and proper that this Body recognize the outstanding contributions and dedicated effort of these individuals.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the per sonnel of WRBN Radio of Warner Robins, Georgia, for their outstanding service to the people of middle Georgia during the recent snowstorm.

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 person who worked at WRBN Radio during the recent storm.

HR 243. By Messrs. Moyer of the 99th, Sweat of the 125th, Ware of the 65th and many others:
A RESOLUTION
Commending the men of the Georgia National Guard; and for other purposes.
WHEREAS, the men of the Georgia National Guard responded to the calls from the Governor, other State and local officials, and the citizens of Georgia for assistance during the snow storm which swept through Central Georgia 9-10 February 1973; and
WHEREAS, more than 500 Army National Guardsmen were on duty during the height of the snow storm assisting the citizens of our State and transient motorists trapped in deep snow; and
WHEREAS, they performed a variety of services, including rescue of stranded motorists along many Georgia snow-packed highways and interstate freeways, transporting doctors, nurses and patients to and from many hospitals throughout the affected area, carrying food, clothing and medicine to isolated families; cooking for and feeding hundreds of indigent and itinerant citizens in National Guard armories; carrying gasoline to stranded motorists; pulling police cars, trucks and civilian vehicles from roadside ditches; installing generators at institu tions without power and generally responding to the many emergencies that confronted our citizens during this period; and
WHEREAS, the Georgia National Guard has rendered other ser vices in the past such as during the North Georgia ice storm in Janu-

TUESDAY, FEBRUARY 27, 1973

1497

ary, carrying and installing generators at hospitals, institutions, police stations, and water pumping stations where power was desperately needed; and

WHEREAS, Major General Joel B. Paris, III, the Adjutant Gen eral of Georgia has responded with outstanding leadership to the crises that have descended upon this State in recent months; and

WHEREAS, recognition is due the officers and men of the Georgia National Guard who labored unceasingly in the bitter cold during the night and with a devotion to their State and Nation that is in the best traditions of the National Guard; and

WHEREAS, the Governor of this State, as Commander-in-Chief, has directed the use of National Guardsmen during the period of these emergencies; and

WHEREAS, Guardsmen of our State have carried on their obliga tions with high morale and a volunteer spirit of cooperation in their humanitarian endeavors.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby commends the men of the Georgia National Guard for their magnificent contribution to the citizens of Georgia and to the visitors in our State by rendering these services which relieved the suffering of many thousands and brought warmth, nourishment and medicine during a time of critical need.

BE IT FURTHER RESOLVED that this Body commends Major General Joel B. Paris, III, for his dedicated and timely leadership.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Head quarters of the Georgia National Guard and to Major General Joel B. Paris, III.

HR 244. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A RESOLUTION
Relative to the recent snow storm; and for other purposes.
WHEREAS, during the recent snow storm which struck portions of Middle Georgia, many, many volunteers labored without rest both day and night in and around the Hawkinsville and Pulaski County area; and
WHEREAS, Civil Defense volunteers did an outstanding job in alleviating many of the emergency situations which arose; and

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WHEREAS, Radio Station WCEH performed an outstanding public service for the citizens of Pulaski County, and, in particular, Charlie Hill and Jim Popwell performed many outstanding services for their
listeners.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the many Civil Defense volunteers and other citizens of the Hawkinsville and Pulaski County area and Radio Station WCEH are hereby commended for their outstanding public ser vice rendered during the recent snow storm in South Georgia.

HR 245. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A RESOLUTION
Relative to the recent snow storm; and for other purposes.
WHEREAS, during the recent snow storm which struck portions of Middle Georgia, many, many volunteers labored without rest both day and night in and around the Cochran and Bleckley County area;
and
WHEREAS, Civil Defense volunteers did an outstanding job in alleviating many of the emergency situations which arose; and
WHEREAS, Radio Station WVMG performed an outstanding pub lic service for the citizens of Bleckley County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the many Civil Defense volunteers and other citizens of the Cochran and Bleckley County area and Radio Station WVMG are hereby commended for their outstanding public service rendered during the recent snow storm in Middle Georgia.

HR 246. By Messrs. Berlin and Pinkston of the 89th:
A RESOLUTION
Commending the Honorable Richard M. Nixon, President of the United States; and for other purposes.
WHEREAS, the United States has now disengaged itself from the Viet Nam conflict, ending the longest period of armed conflict in the history of this Country; and
WHEREAS, many gallant citizens of this State lost their lives in fighting for the principles for which this Country stands, many more

TUESDAY, FEBRUARY 27, 1973

1499

were wounded, and many were captured and held as prisoners of war;

and

WHEREAS, peace was only achieved through the dedicated and de termined efforts of the Honorable Richard M. Nixon, President of the United States, and his chief negotiator, Henry A. Kissinger; and

WHEREAS, the state of Georgia rejoices with the world in this peace and prays that peace can be a reality; and

WHEREAS, as representatives of all Georgians, the members of this Body would like to express their appreciation to the Honorable Richard M. Nixon, President of the United States, for bringing peace and for securing the release of American prisoners of war.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend the Honorable Richard M. Nixon and express their deepest ap preciation for the manner in which he has conducted the affairs of this Country in achieving peace and securing the release of American POWs.

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 Richard M. Nixon, President of the United States.

HR 247. By Messrs. Smith of the 74th, Greer of the 43rd and Adams of the 74th:
A RESOLUTION
Expressing regret at the passing of George Thurston Turner; and for other purposes.
WHEREAS, Mr. George Thurston Turner, a native of Lamar County, recently passed away; and
WHEREAS, Mr. Turner was born in Butts County on December 1, 1898, the son of Jack and Sally Thurston Turner; and
WHEREAS, Mr. Turner married the former Annie Bell Ware on December 8, 1916, and they became the proud parents of Troy F. Turner on December 3, 1917; and
WHEREAS, Mr. Turner resided in Lamar County for the past 50 years and operated the "Pine Crest' barbecue restaurant on U. S. 41;
and
WHEREAS, politicians and dignitaries from all over the State and

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country used to stop for some barbecue and visit with Mr. Turner while traveling across the State; and

WHEREAS, Georgians in all walks of life mourn the passing of Mr. Turner, but take pride in the memory of the high ideals which he exemplified.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby ex press their sincerest and deepest regrets at the passing of Mr. George Thurston Turner.

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 Mr. George Thurston Turner.

HR 248. By Messrs. Adams and Smith of the 74th:
A RESOLUTION
Expressing regret at the passing of Mr. Fred S. Lee; and for other purposes.
WHEREAS, Mr. Fred S. Lee passed away on January 2, 1973; and
WHEREAS, Mr. Lee was born in Concord, Pike County, Georgia, on October 29, 1901, the son of Richard E. and Mary Strickland Lee;
and
WHEREAS, he married the former Louise McElveen on November 9, 1927; and
WHEREAS, Mr. Lee was a member of the House of Representa tives in 1965 and 1966, representing the people of Pike County; and
WHEREAS, during his eventful life, Mr. Lee provided an inspira tion to his community through his many contributions to the civic, religious, educational and fraternal life of his community; and
WHEREAS, the many contributions which this distinguished citi zen made to his community and State will be truly missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby extend to the members of the family of the late Fred S. Lee and his many friends throughout the State of Georgia its most heartfelt and deepest regrets at the passing of one of this State's most outstanding citizens.

TUESDAY, FEBRUARY 27, 1973

1501

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 Mr. Fred S. Lee.

HR 249. By Mr. Busbee of the 114th:
A RESOLUTION
Expressing sympathy at the passing of Mr. Gilbert M. Thomas; and for other purposes.
WHEREAS, the citizens of Georgia have been saddened by the passing of Mr. Gilbert M. Thomas on February 21, 1973; and
WHEREAS, he was the devoted husband of Mrs. Carolyn Thomas who has so unselfishly given many years of dedicated service to the office of Secretary of State and to the General Assembly through her work with the State Claims Advisory Board; and
WHEREAS, he was the father of two outstanding children, Rev. C. Frank Thomas and Miss Joy Thomas.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the passing of Mr. Gilbert M. Thomas, and do hereby extend their sincerest sympathy to Mrs. Carolyn Thomas and the members of her family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap propriate copies of this Resolution to the family of Mr. Gilbert M. Thomas.

HR 257. By Messrs. Wood, Williams and Whitmire of the 9th, Smith of the 91st and others:
A RESOLUTION
Commending the Honorable Donald Hines Fraser on his birthday; and for other purposes.
WHEREAS, the Honorable Donald Hines Fraser, our distinguished colleague from the 117th District, was born on February 27, 1906; and
WHEREAS, he has had a remarkable career in public service to his State and to his Country; and
WHEREAS, he seived in the General Assembly when Richard B.

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JOURNAL OF THE HOUSE,

Russell, Jr. was Governor, Eugene Talmadge was Commissioner of Agriculture and Arlie D. Tucker was Speaker of the House; and

WHEREAS, he served as Judge of the City Court of Hinesville from January 1, 1933 to January 1, 1949; and

WHEREAS, he served as Solicitor General of the Atlantic Judicial Circuit; and

WHEREAS, during the Sixties, he served as U. S. Attorney for the United States District Court of the District of Southern Georgia;

and

WHEREAS, he is currently an outstanding member of this Body;

and

WHEREAS, it is only fitting and proper that this Body should commend and congratulate him on his birthday for his outstanding serv ice to his State and his Country.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Honorable Donald Hines Fraser on his birthday for his outstanding service to his State and his Country.

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 Donald Hines Fraser, the distinguished Representative from the 117th District.

HR 258. By Mr. Farrar of the 52nd:
A RESOLUTION
Commending the Junior League of DeKalb County, Inc.; and for other purposes.
WHEREAS, the Junior Service League of DeKalb County recently accepted membership in the National Association of Junior Leagues and is now known as the Junior League of DeKalb County; and
WHEREAS, the Junior Service League of DeKalb County, being first organized in 1934, is one of the oldest and most effective cultural, educational and civic organizations in the State of Georgia;
WHEREAS, said Junior Service League has made many outstand ing contributions to the improvement of the community in health, educa tion and many other fields; and

TUESDAY, FEBRUARY 27, 1973

1503

WHEREAS, said Junior Service League was instrumental in estab lishing Keystone, a home for delinquent boys that has been very suc cessful in helping to curb juvenile delinquency in the community; and

WHEREAS, the Junior Service League's Gift Shop in DeKalb General Hospital has been of great benefit to the Hospital and the entire community; and

WHEREAS, the Junior Service League is a nonprofit organization made up of outstanding young women who are dedicated to the improve ment of their community.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Junior League of DeKalb County, Inc., for its many years of outstanding service to the citizens of DeKalb County and the State of
Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward a copy of this Resolution to Mrs. Roger R. Rowell, President of the Junior League of DeKalb County.

The following Resolutions of the House were read and referred to the committees:
HR 250. By Mr. Greer of the 43rd:
A RESOLUTION
Relatives to the City of Atlanta Pension Study Commission; and for other purposes.
WHEREAS, on the 16th day of January, 1973, the City of Atlanta established a Pension Study Commission composed of members of the Boards of Trustees of the Firemen's Pension Fund, the Policemen's Pension Fund, the General Employee's Pension Fund, and also including the First Assistant City Attorney; and
WHEREAS, the purpose of such Commission was to completely review all existing pension programs with the view in mind of up grading these pension programs, with emphasis given to actuarial soundness of present and proposed programs; and
WHEREAS, such Resolution was approved by the Mayor of the City of Atlanta on January 19, 1973, and provided that the Commission shall report its findings to the Mayor and Board of Aldermen through the Finance Committee of the City of Atlanta no later than the first Monday in October, 1973; and

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WHEREAS, the General Assembly of Georgia is extremely inter ested in and desirous of creating financially sound pension plans for the groups stated above.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it is to the best interests of the State of Georgia, the above-named groups, and the City of Atlanta that the City of Atlanta take all necessary action to implement the report of the above-stated Commission when such report is rendered, and that the City of Atlanta take appropriate action to make such aforementioned pension plans financially sound.

BE IT FURTHER RESOLVED that such action by the City should be taken prior to the next session of the Georgia General Assembly.

BE IT FURTHER RESOLVED that in the event the City of Atlanta fails to take proper and necessary action on the above matter, the General Assembly of Georgia will take whatever action it deems ap propriate to make said pension plans financially sound.

Referred to the Committee on State Planning and Community Affairs.

HR 251. By Messrs. Mulherin of the 81st, Collins of the 45th, Blackshear of the 106th, and others:
A RESOLUTION
Relative to the lives of the unborn; and for other purposes.
WHEREAS, medically and scientifically, a human embryo or fetus exists as a living and growing human individual separate in existence from the mother from the time of conception and is never at any time a part of the mother's body; and
WHEREAS, the moment of birth represents merely an identifiable point along the course of human development and not the beginning of human life; and
WHEREAS, respect for human life has been a hallmark of civilized society for millenia; and
WHEREAS, respect for, and protection of, unborn human life has been traditional with the medical profession since long before the be ginning of the Christian era, regardless of political, religious or social ideologies or dogmata; and
WHEREAS, a legal threat to the right to life of any individual member of a society imperils the right to life of every other member of that society; and
WHEREAS, in states in which abortion laws have recently been

TUESDAY, FEBRUARY 27, 1973

1505

relaxed or repealed, professional medical ethics and respect for unborn human life have proved to be wholly inadequate for the reasonable protection of the lives of the unborn; and

WHEREAS, the United States Supreme Court has withdrawn all legal protection from an entire class of human beings, namely the unborn.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby urge the Congress of the United States to propose an amendment to the Constitution of the United States which could establish that human life, with legal personality, begins at the time of conception and that all constitutional rights, including due process of law, apply to the unborn in the same manner and to the same extent as to all other citizens of the United States.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit official copies of this Resolution to the President of the Senate and the Speaker of the House of Representatives of the Congress of the United States and to each member of the Georgia Congressional Delegation.

Referred to the Committee on Health and Ecology.

HR 252. By Messrs. Wilson of the 19th, Nix of the 20th, Howard of the 19th and others:
A RESOLUTION
Relative to a Cobb County Telephone Directory; and for other purposes.
WHEREAS, Cobb County is the third largest county in the State of Georgia; and
WHEREAS, presently Southern Bell Telephone and Telegraph Company does not provide a separate directory for this large segment of its customers, but rather provides their listings as a part of the Metropolitan Atlanta Area; and
WHEREAS, such practice is burdensome and inconvenient to the people of this State; and
WHEREAS, Cobb County is the fastest growing county in the State of Georgia, justifying a separate directory for the customers of South ern Bell Telephone and Telegraph Company.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Southern Bell Telephone and Telegraph Company is hereby requested to provide, at the next issuance of its

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directories, a separate and distinct directory for its Cobb County custo mers, as well as to publish a separate Yellow Pages Directory for Cobb County.

BE IT FURTHER RESOLVED that in the preparation of such directory, this body urgently requests the directories be published in such a manner with print of sufficient size to be easily legible by per sons of not perfect eyesight and of such bulk that they may be easily handled by persons having cause to do so.

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 Southern Bell Telephone and Telegraph Company.

Referred to the Committee on Industry.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Banks and Banking and recommitted to the Committee on Judiciary for further study:

SB 203. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize fiduciaries, banks and trust companies acting as custodians, managing agents or custodians for fiduciaries to deposit securities held in such capacities in a securities depository or "clearing corporation"; and for other purposes.

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

HB 98. By Messrs. Hutchinson of the 114th, Cole of the 6th, Milford of the 13th and others:
A Bill to be entitled an Act to amend an Act providing how motorcycles shall be operated, so as to require that the headlights and rear lights of motorcycles shall be ignited during all hours of operation upon the public roads of this State; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Highways offers the following amend ment:
Amend HB 98 by deleting on Page 2, line 6, the quotation mark. and by adding at the end of Section 2 the following:

TUESDAY, FEBRUARY 27, 1973

1507

"(c) Notwithstanding any other provisions of this Act, it shall be lawful for any person licensed to operate a motorcycle in this State to operate a motorcycle designed exclusively for use in trail riding, or sporting events known as endurance runs, during the actual running of such events when same shall have been sanctioned by the American Motorcycle Association, on portions of the public highways between sunrise and sunset without headlights, horn or rearview mirror, when officials of said events have secured per mission from the Department of Public Safety."

Mr. Hutchinson of the 114th moved that the House agree to the Senate amendment.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S.

Colwell Coney Connell Dent Dickey Dixon Dorminy Edwards Egan Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J.

Irwin, J. R. Jessup Johnson
Jones Keyton King Knight Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L.

1508
Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams

JOURNAL OP THE HOUSE,

Savage Shanahan Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs

Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Bennett Blackshear Buck Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dollar Duke Ellis Ezzard

Gignilliat Greer Hamilton Hawes Hill, G. Irvin, R. Jordan Kreeger Lambert Levitas Lewis Marcus

McCracken Murphy Noble Pearce Petro Reaves Russell, W. D. Smith, J. R. Smith, V. B. Thomason Wilson, J. M. Mr. Speaker

On the motion, the ayes were 141, nays 0.

The motion prevailed, and the Senate amendment to HB 98 was agreed to.

Due to mechanical failure, the votes of Messrs. Lee of the 114th and Shepherd of the 28th were not recorded.

HB 388. By Mr. Smith of the 91st:
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 the purchase outside this State of objects of art and other similar property by museums for display in such museums; and for other purposes.

TUESDAY, FEBRUARY 27, 1973

1509

The following Senate amendment was read:

Amend HB 388, by deleting on page 1, line 4 the phrase "outside this State"

and,

By deleting on page 2, line 2 the phrase "outside this State"

Mr. Wamble of the 120th moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark
Cole
Coleman Collins, S. Colwell

Connell Davis, E. T. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Elliott Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson

Jones Keyton King Knight Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Peters

1510
Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan

JOURNAL OF THE HOUSE,

Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn

Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Berlin

Coney

Milford

Those not voting were Messrs.:

Bennett Brown, S. P. Collins, M. Daugherty Davis, W. Dean, Gib Dean, J. E. Dickey Egan Ellis Ezzard

Gignilliat Greer Hamilton Hawes Hill, G. Horton, W. L. Howard Irvin, R. Jordan Kreeger Lambert

Marcus McCracken Murphy Noble Patten, R. L. Pearce Petro Pinkston Smith, V. B. Thomason Mr. Speaker

On the motion, the ayes were 142, nays 3.

The motion prevailed, and the Senate amendment to HB 388 was agreed to.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.

HB 225. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A Bill to be entitled an Act to repeal and replace the charter of the City of Thomson, as amended, so as to create a new charter for said city; and for other purposes.

TUESDAY, FEBRUARY 27, 1973

1511

The following Senate amendments were read:

AMENDMENT # 1

Amend by inserting at the end of Section 1.02 (m) the following:

"The provisions of this subsection shall not be construed to authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the ren dition of its duly authorized service to the public."

AMENDMENT # 2

Amend Section 1.02 by changing the period at the end of (g) to a comma and adding the following:

"or the regulations of the Public Service Commission or any other state or federal agency having jurisdiction in such matters."

Mr. Lewis of the 77th moved that the House agree to the Senate amendments.
On the motion, the ayes were 105, nays 0.
The motion prevailed, and the Senate amendments to HB 225 was agreed to.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 153. By Senator Lester of the 23rd: A Bill to amend Code Title 56, known as the "Georgia Insurance Code", as amended, so as to redefine the terms "physician" and "doctor" when used in connection with individual or group accident and sickness in surance policies.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

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SB 16. By Senator Kidd of the 25th:
A Bill to provide for the regulation of the establishment of long term health care facilities; to provide for a short title; to provide for the creation of the Long Term Health Care Reviewing Board and for its powers and duties.

SB 43. By Senator Smalley of the 28th:
A Bill to amend an Act establishing the State Employees' Retirement System, as amended, so as to change the provisions relative to the manda tory retirement age of certain members.

SB 151. By Senator Lester of the 23rd:
A Bill to amend Code Section 113-1702, relating to sales by adminis trators; to provide the procedures connected therewith.

SB 220. By Senator Cox of the 21st:
A Bill to provide for damages for malicious or willful destruction of property by minors.

SB 284. By Senators Smith of the 34th and Holloway of the 12th: A Bill to amend the "Unemployment Compensation Law", as amended, so as to correct printing errors; to change words that are incorrect.
HB 112. By Messrs. Mullinax and Knight of the 65th, Bray of the 66th, Grahl of the 88th and others: A Bill to amend Code Chapter 84-17, relating to jewelry auctions, so as to regulate the sale at auction of other articles of personal property.
HB 153. By Mr. Jordan of the 58th: A Bill to provide that no individual firm, corporation or business shall install or sell certain automatic hot water tanks or heaters without ap proval relief valves.

HB 154. By Messrs. Jordan of the 58th, Farrar of the 52nd, Smith of the 91st, Dean of the 17th and others:
A Bill to amend an Act entitled "The Act creating the Public School Employees' Retirement System", so as to provide for early retirement; to provide for the vesting of retirement benefits.

TUESDAY, FEBRUARY 27, 1973

1513

HB 351. By Mr. Vaughn of the 57th:
A Bill to provide that it shall be unlawful to tear down, deface, or change a detour sign, warning sign, barricade or fence or to drive around barricade or fence or a road closed sign or to drive upon a sec tion of road not officially opened to public traffic by the proper au thority or to wilfully ignore or disregard a warning sign before the road has been officially opened to public traffic by the proper authority.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, io-wit:
SR 12. 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.

HR 154-604. By Messrs. Smith of the 91st, Murphy of the 18th and Colwell of the 4th:
A Resolution approving the Purchase Bid of Stone Fort Land Com pany (a Tennessee Corporation).

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
HB 219. By Messrs. Egan of the 25th and Greer of the 43rd:
A Bill to exempt from ad valorem taxation the property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is dis tributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations.

SB 226. By Senators Gillis of the 20th, London of the 50th, Webb of the llth, and others:
A Bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that inmates serving life sentences for the crime of murder or rape shall be eligible for parole after 20 years of his sentence.

SB 279. By Senator Kidd of the 25th: A Bill to amend Code Section 26-2701, relating to definitions used in

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describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "bet".

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

SR 12. 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.
Referred to the Committee on Judiciary.

SB 16. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the regulation of the establish ment of long term health care facilities; to provide for a short title; to provide for the creation of the Long Term Health Care Reviewing Board and for its powers and duties; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 43. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as, to change the provisions relative to the mandatory retirement age of certain members; and for other purposes.
Referred to the Committee on Retirement.

SB 151. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend Code Section 113-1702, relating to sales by administrators, so as to permit sales by administrators; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 153. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend Code Title 56, known as the "Georgia Insurance Code", so as to redefine the terms "physician" and "doctor" when used in connection with individual or group accident and sickness insurance policies; and for other purposes.
Referred to the Committee on Insurance.

TUESDAY, FEBRUARY 27, 1973

1515

SB 220. By Senator Cox of the 21st:
A Bill to be entitled an Act to provide for damages for malicious or will ful destruction of property by minors; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 226. By Senators Gillis of the 20th, London of the 50th, Webb of the llth and others:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that inmates serving life sentences for the crime of murder or rape shall be eligible for parole after 20 years of his sentence; and for other purposes.
Referred to the Committee on Judiciary.

SB 279. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "bet"; and for other purposes.
Referred to the Committee on Industry.

SB 284. By Senators Smith of the 34th and Holloway of the 12th:
A Bill to be entitled an Act to amend the "Unemployment Compensa tion Law", so as to correct printing errors; to change words that are incorrect; and for other purposes.
Referred to the Committee on Industrial Relations.

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 188. By Mr. Rush of the 104th: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relative to game and fish, so as to provide for a catch out pond license; and for other purposes.
The following Committee amendment was read and adopted:
The Recreation Committee moves to amend HB 188 as follows:

1516

JOURNAL OF THE HOUSE,

By inserting in line 23 on page 2 between the word "fishing" and the word "on" the following:

"in impounded waters".

An amendment, offered by Mr. Reaves of the 124th, was read and lost.

An amendment, offered by Mr. Davis of the 85th, was read and lost.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Burton Carlisle Chance Clark Cole Coleman Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke

Edwards Egan Elliott Ellis Evans i Floyd, J. H. Floyd, L. R. Foster, R. L. Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones

Jordan
Knight Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Marcus Mason Matthews, C. McKinney Miles Mulherin Mullinax Nix Northcutt Odom Oxford Patten, G. C. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston
Rainey Ritchie Rogers Ross Rush

TUESDAY, FEBRUARY 27, 1973

1617

Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens

Strickland Sweat Thompson Townsend Triplett Tucker Turner Twiggs Vaughn

Waddle Wall Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, J. H. Bohannon Brantley, H. L. Collins, M. Harrison

Howard Keyton King Lowrey Mauldin

McDonald Milford Reaves Walker Wheeler, Bobby

Those not voting were Messrs.:

Adams, John Adams, Marvin Beckham Bennett Berry Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carrell Castleberry Coney Daugherty

Dean, Gib Dean, J. E. Ezzard Farrar Hamilton Harrington Horton Howell Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Matthews, D. R. McCracken

McDaniell Morgan Moyer Murphy Nessmith Noble Patten, R. L. Pearce Roach Thomason Toles Wamble Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 121, nays 15.

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

By unanimous consent, HB 188 was ordered immediately transmitted to the Senate,

1518

JOURNAL OF THE HOUSE,

HB 21. By Messrs. Adams of the 36th, Brown of the 89th, Smith of the 74th, Wamble of the 120th, Peters of the 2nd, and others:
A Bill to be entitled an Act to create a Driver License Medical Advisory Board; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to create a Driver License Advisory Board; to provide definitions; to provide for the powers, duties and responsi bilities of the Board; to provide the procedures connected therewith; to provide for hearings; to provide for review of determinations, find ings and recommendations; to provide for immunity from civil or criminal liability for certain persons or entities; 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. Short Title. This Act shall be known as and may be cited as "The Driver License Advisory Board Act".
Section 2. Definitions. For the purpose of this Act, the following words and phrases shall have the meanings respectfully ascribed to them in this Section.
a. "Commissioner" means the Commissioner of Human Resources or his designee.
b. "Optometrist" means any person, other than a physician, li censed to practice under Code Chapter 84-11, as amended.
c. "Physician" means any person qualified to practice medicine under Code Chapter 84-9, as amended.
d. "Department" means the Department of Human Resources,
e. "Board" means the Driver License Advisory Board.
Section 3. Basic Structure. There is established within the Depart ment a Driver License Advisory Board. The Board shall be composed of physicians and optometrists and their number and term of service shall be set by the Commissioner in his discretion. The Commissioner shall select one of the Board members to act as Chairman. The Chair man shall be the chief administrative officer of the Board and answer able only to the Commissioner. Within the Board there shall be estab lished a review panel which shall consist of not less than nine Board members specializing in appropriate fields.

TUESDAY, FEBRUARY 27, 1973

1519

Section 4. Informal Determination. Upon receipt of any case, the Board or any subdivision of the Board designated by the Chairman may make an informal determination without a hearing. The results of such an informal determination shall be made known by U. S. cer tified mail to the person under review within 14 days after the de termination has been made. If the determination is not thereafter con tested by the person affected, then the determination shall have the effect of a ruling made by hearing and the results shall be transmitted by the Chairman to the Commissioner. The subdivision shall consist of no less than three (3) board members not more than one of whom may be an optometrist.

The Department shall provide, by rule and regulation, procedures which will enable a person whose case has been considered without a hearing to contest the determination and obtain a reconsideration of his case with a hearing.

Section 5. Hearings. Every person under review by the Depart ment shall have the right to a hearing of his case on the merits by a subdivision of the Board consisting of not less than three (3) members. By rule and regulation, the Department shall provide for the review of findings and recommendations made by subdivisions of the Board; pro vided that on any meeting of a subcommittee where five (5) or less members of the committee are considering a case, not more than one optometrist shall be a part of this subcommittee. Such reviews shall be conducted by the Review Panel and shall be final unless the Commis sioner directs otherwise within five days after receipt of the findings and recommendations made by the Review Panel. The hearing and re view shall be conducted in accordance with the provisions of the Ad ministrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338).

Section 6. Function of Board. Within the scope of the request, to consider a case sent by the Commissioner of Public Safety or his designee or a person aggrieved by an action of the Commissioner of Pub lic Safety, to the Commissioner, a function of the Board shall be to make medical and optometric evaluations of the individual under review and determine what medical or optometric conditions exist which can constitute driver limitations which may impair the individual's ability to operate a motor vehicle safely or cause him to be a driving hazard.

Based on the above medical and optometric evaluation and de terminations, and in accordance with established standards, the Board shall, among other things, indicate the scope of driving privileges which are permissible to enable the individual under review to operate a motor vehicle without creating a driving hazard, including the extent to which compensatory aids and devices must be used and the need for future controls.

The Board's findings, determinations, and recommendations shall be forwarded to the Commissioner who shall transmit a report within seven days after final disposition by the Board to the Commissioner of the Department of Public Safety and to the individual who is the sub ject of the report in a manner prescribed by the Department.

1520

JOURNAL OF THE HOUSE,

Section 7. Established Standards. The Department, with the ap proval of the Department of Public Safety, shall establish standards for determining the degree to which a person's mental or physical con ditions constitute a limitation on his ability to operate a motor vehicle or cause him to be a driving hazard.

Such standards shall include, but need not be limited to, the fol lowing.

a. Disorders characterized by altercations of consciousness.

b. Disorders and impairments affecting the cardiovascular func tions.

c. Mental illness.

d. Musculoskeletal disabilities and disorders affecting musculoskeletal functions.

e. Respiratory disabilities and disorders affecting respiratory func tions.

f. Vision and disorders affecting vision.

g. Alcohol and drug dependence.

h. The extent to which compensatory aids and devices may be utilized.

The Department may request of and the Commissioner of Public Safety shall maintain such records as necessary to assist the Depart ment or the Board in determining standards for physical or mental conditions for persons having been issued or applying for a license to drive.

Section 8. Right to Information. In making an inquiry or conduct ing a hearing the Board may require the person under review to:

a. Submit to a physical, mental, or optometric examination, by a physician or optometrist acceptable to the Board.

b. Consent to make available to the Board for its use any and all medical or optometric records pertaining to the reported conditions con cerning the person under review which may be necessary to aid the Board in formulating its findings and recommendations.

Any person under review who refuses to submit to an examination or consent to provide information, or both, shall, as a matter of law, be considered unqualified to operate a motor vehicle until such time as the individual complies with the Board's requests and the Board can make its findings and recommendations, at which time such findings and recommendations shall control.

TUESDAY, FEBRUARY 27, 1973

1521

The results of any examination ordered or conducted by the Board shall be made available to the individual under review.

Section 9. Confidentiality of Information. All information supplied to the Board, the results of all examinations made by the Board, or by its direction, and all medical or optometric findings of the Board shall be confidential and for the sole use of the Board and the Commissioner for the purpose set forth in this Act. No confidential information may be open to public inspection or the contents disclosed to anyone, except the Commissioner of Public Safety, and then only to the extent necessary to make required reports, unless so directed by a court, and then only when the individual concerned has put the contents of such confidential information into issue.

Section 10. Administrative Matters. The Department within the scope of its powers and duties, as provided by this Act, shall administer and enforce this Act, and shall have the power to make and institute such reasonable rules and regulations as are necessary to carry on the provisions of this Act. All rules and regulations promulgated under this Act shall be filed and become effective as provided in The Administra tive Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338),
as amended.

The provisions of The Administrative Procedure Act, and all rules and regulations adopted thereunder apply to and govern any and every action for the judicial review of the final orders of the De partment.
The Board, or any of its subdivisions, may meet at any place within the State and shall meet at the call of the Commissioner as frequently as he deems necessary in order to properly discharge the functions prescribed by this Act. However, all hearings must be held within the county wherein the person under review resides unless the person con sents to a change.
Rules and regulations promulgated under this Act and rules of procedure governing hearings and the review activities of the Board and its subdivision shall be printed and made available to all in dividuals whose cases are referred to the Department.

Section 11. Initiation of Review. Only the Commissioner of Pub lic Safety and his designee may refer a case to the Department for consideration by the Board.

Section 12. Immunity from Liability. No member of the Board, physician, optometrist, clinic, hospital, institution for the mentally ill, both public and private, or the Commissioner of Human Resources shall be liable or subject to criminal or civil prosecution for

a. any opinions, findings or recommendations; or

b. any information supplied to the Board or the Department re garding persons under review by the Department or concerning reports required by this Act except for willful and wanton misconduct.

1522

JOURNAL OF THE HOUSE,

Section 13. Compensation. The members of the Board shall re ceive reasonable compensation at a rate per day designated by the Com missioner for each day required for transacting the business of the Board and shall also be reimbursed for expenses necessarily incurred in the performance of their duties.

Section 14. Persons who may Report. Any physician or optometrist may submit information to the Department of Human Resources and any commissioned police officer or member of the judiciary may submit information to the Commissioner of Public Safety relative to the physical, mental, or optometric condition of a person, including suspected chronic alcoholism or habitual users of narcotics, if such condition could inter fere with the person's ability to operate a motor vehicle safely. Persons reporting under this Section shall enjoy the same immunities granted members of the Board under Section 12 of this Act.

Section 15. This Act shall not become effective unless and until

such time as Federal funds are made available to the Department to

cover the costs of the operation of the Board for the first twelve

months.

< ~"

Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Messrs. Brown of the 89th and Wheeler of the 13th move to amend the Committee substitute to HB 21 by deleting from Page 2, the sen tence commencing with the words "The subdivision" and ending with the word "optometrist" on lines 22 to 24.
By adding a new sentence on line 23 of page 3, the following; "Provided, however, that the optometric evaluation performed by an optometrist shall be limited to those defined in Georgia Code Chapter 84-11."

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John

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

Atherton Bailey Beckham

TUESDAY, FEBRUARY 27, 1973

1523

Berlin Blackshear Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell Chance Clark Cole Collins, S. Colwell Connell Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Ellis
Evans
Floyd, J. H.
Floyd, L. R.
Fraser
Geisinger
Grahl
Grantham
Groover
Harden
Harrington
Harris, J. F.
Harris, J. R.
Harrison
Hays

Hill, B. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R.
McDonald
McKinney
Miles
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nix
Noble
Odom
Oxford
Patten, G. C.
Peters

Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Berry Bohannon Brantley, H. L. Coleman Collins, M. Davis, E. T.

Davis, W. Dean, N. Edwards Foster Keyton

Mauldin Milford Patterson Pearce Ritchie

1524

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Bennett Bray Buck Burruss Castleberry Coney . Daugherty Dean, Gib Dean, J. E.

Ezzard Farrar Gignilliat Greer Hamilton Hawes Hill, G. Horton, G. T. Horton, W. L. King

Lane, W. J. McCracken McDaniell Nessmith Northcutt Patten, R. L. Reaves Thomason Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 16.

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

By unanimous consent, HB 21 was ordered immediately transmitted to the Senate.

HB 613. By Messrs. Lambert of the 97th and Greer of the 43rd:
A Bill to be entitled an Act to amend Article I of the Banking Laws, so as to add a new section to be Section 13-207 relating to the ownership of bank shares and further to define and prescribe certain situations; and for other purposes.

The report of the Committee, which was favorable 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 Berlin Berry Blackshear

Bostick Brantley, H. H. Brown, C. Brown, S. P. Burton Busbee Carlisle Carr

Castleberry Chance Clark Cole Coleman Coney Connell Davis, E. T.

Dean, Gib Dean, N. Dent Dickey Dixon Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Greer Groover Harden Harrington Harris, J. P. Harris, J. R. Hays Hill, B. L. Horton, G. T. Hutchinson Irvin, J. Irwin, J. R. Jessup Jones

TUESDAY, FEBRUARY 27, 1973

1525

Keyton King Knight Lambert Larsen, G. K. Lee, W. S. Levitas Lowrey Mason McDaniell McKinney
Miles Morgan Moyer Mulherin Mullinax Murphy Noble Odom Oxford Patten, G. C. Patterson Pearce Petro Phillips, G. S. Pinkston Roach Rogers Ross

Rush Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bailey Beckham Carrell Collins, S. Colwell Dollar Dorminy Duke Grahl Grantham Harrison

Howard Hudson Johnson Kreeger Lee, W. J. (Bill) Logan Matthews, C. Matthews, D. R. Mauldin McDonald Milford

Nix Northcutt
Peters Rainey Reaves Russell, J. Townsend
Twiggs Wilson, J. M.

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Atherton Bennett Bohannon Bond Brantley, H. L.

Bray Brown, B. D. Buck Burruss Collins, M. Daugherty Davis, W.

Dean, J. E. Ezzard Floyd, J. H. Gignilliat Hamilton Hawes Hill, G.

1526
Horton, W. L. Howell Irvin, R. Jordan Lane, Dick Lane, W. J.

JOURNAL OF THE HOUSE,

Larsen, W. W. Lewis Marcus McCracken Nessmith Patten, R. L.

Phillips, L. L. Ritchie Thomason Wamble Mr. Speaker

On the passage of the Bill, the ayes were 110, nays 31.

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

Mr. Beckham of the 82nd stated that he had inadvertently voted "nay" on the passage of HB 613, but intended to vote "aye".

By unanimous consent, HB 613 was ordered immediately transmitted to the Senate.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.

HB 612. By Messrs. Lambert of the 97th and Greer of the 43rd:
A Bill to be entitled an Act to amend Article XIII of the Banking Laws, so as to amend Code Section 13-1401 to further define certain terms; to amend Code Section 13-405 relative to the surrender of original cer tificates of stock and issuance of new certificates by deletion of the existing Section; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Beckham Berlin Berry Blackshear Brantley, H. H.

Brantley, H. L. Brown, C. Brown, S. P. Buck Burton Busbee

Carlisle
Carr Castleberry Chance Clark Cole Coleman Coney Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Greer Groover Hamilton Harden Harrington Harris, J. F.

TUESDAY, FEBRUARY 27, 1973

1527

Harris, J. R. Hill, B. L. Horton, G. T. Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Jones King Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S. Lowrey Mason Matthews, D. R. McDaniell McKinney
Miles Morgan Moyer Mulherin Mullinax Murphy Noble Odom Oxford Patten, G. C. Pearce

Petro Phillips, G. S. Pinkston Ritchie Roach Rogers
Ross Rush Russell, W. D.
Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Triplett Tucker Turner Vaughn Walker Wall Wamble Ware Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Atherton Bohannon Burruss Carrell Collins, S. Dean, N. Dollar Dorminy Grahl Grantham Hays

Howard Hudson Keyton Kreeger Logan Matthews, C. Mauldin McDonald Milford Nix

Patterson Peters Rainey Reaves Russell, J. Strickland Twiggs Wheeler, Bobby Wheeler, J. A. Wilson, J. M.

Those not voting were Messrs.:

Bailey Bennett Bond Bostick

Bray Brown, B. D. Collins, M. Colwell

Daugherty Dean, J. E.
Duke Ezzard

1528
Gignilliat Harrison Hawes Hill, G. Horton, W. L. Howell Johnson Jordan

JOURNAL OF THE HOUSE,

Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Marcus McCracken Nessmith

Northcutt Patten, R. L. Phillips, L. L. Savage Thomason Waddle Mr. Speaker

On the passage of the Bill, the ayes were 114, nays 31.

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

SenaBtey. unanimous consent, HB 612 was ordered immediately transmitted to t'h"e"

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.

HB 189. By Mr. Rush of the 104th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relative to game and fish, so as to define commercial fish hatchery; and for other purposes.

The following Committee amendment was read and adopted:
The Recreation Committee moves to amend HB 189 as follows:
By inserting in line 31 on page 3 between the word "sell" and the word "all" the words, ", for consumption or resale,".

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, J. H. Adams, John

Adams, Marvin Alexander, W. H. Alexander, W. M.

Atherton Bailey Beckham

TUESDAY, FEBRUARY 27, 1973

1529

Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Chance Clark Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Ellis
Evans Farrar
Floyd, J. H. Floyd, L. R. Foster Geisinger Grahl Grantham Greer

Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T.
Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jordan Keyton King Knight Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nix

Noble Northcutt Odom Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers
Ross Rush Russell, J. Russell, W. D.
Sams Savage Shanahan Smith, V. B.
Snow Stephens Strickland Sweat Thompson
Toles Townsend Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M.

Those not voting were Messrs. :

Alien Bennett Buck Castleberry Cole Coleman Collins, M. Coney

Daugherty Dean, Gib Dean, J. E. Edwards Ezzard Fraser Gignilliat Hawes

Hill, G. Horton, W. L. Howell Jones Kreeger Lambert Lane, W. J.
Levitas

1530
Lewis Marcus McCracken Nessmith Oxford

JOURNAL OF THE HOUSE,

Patten, R. L. Smith, J. R. Thomason Triplett Tucker

Vaughn Wilson, M. L. Wood Mr. Speaker

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

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

By unanimous consent, HB 189 was ordered immediately transmitted to the Senate.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.
HB 384. By Mr. Jordan of the 58th: A Bill to be entitled an Act to amend an Act providing for a uniform traffic citation and complaint form, so as to provide that copies of each traffic citation and complaint issued by a law enforcement officer shall be forwarded to the Commissioner 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 ayes were 97, nays 1.

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

HB 606. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to authorize boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators and other employees against liability for damage in specific instances; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 27, 1973

1531

On the passage of the Bill, the ayes were 107, nays 0.

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

HB 607. By Messrs. Reaves of the 124th, Carr of the 90th, Rush of the 104th, Hudson of the 115th and Collins of the 122nd:
A Bill to be entitled an Act to amend the Dead Animal Disposal Act, so as to delete the provisions of said Act which make the Act applicable only to animals which die with infectious, contagious or communicable disease or which have been killed because of being infected with such disease; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck . Burruss Burton Busbee Carlisle Carr Carrell
Castleberry

Chance Clark Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, J. H. Foster Fraser Geisinger Grahl

Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan King Knight
Kreeger Lambert
Lane, Dick

1532
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt

JOURNAL OF THE HOUSE,

Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B.

Snow Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Beckham Bennett Bray Cole Daugherty Dean, Gib Dean, J. E. Ellis Ezzard

Floyd, L. R. Gignilliat Groover Hawes Hill, G. Horton, W. L. Keyton Levitas Mauldin McCracken

Milford Murphy Patten, G. C. Savage Stephens Thomason Townsend Mr. Speaker

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

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

Mr. Cole of the 6th stated that due to mechanical malfunction his vote did not properly record. He wished to be recorded as voting "aye" on the passage of HB 607.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.

TUESDAY, FEBRUARY 27, 1973

1533

HB 833. By Mr. Vaughn of the 57th:
A Bill to be entitled an Act to amend Code Section 13-203.1 relating to bank offices and bank facilities, so as to provide that the Commissioner of the Department of Banking and Finance may determine population requirements according to official census data; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Coney Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar

Dorminy Duke Edwards Egan Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Jones Jordan Keyton King Knight

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Mason Mathews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Patten, G. C. Patterson Peters Petro Phillips, G. S. Phillips, L. L.

1534
Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Smith, J. R.

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Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn

Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bohannon

Roach

Those not voting were Messrs.:

Beckham Bennett Bray Brown, B. D. Brown, C. Buck Collins, M. Colwell Connell Daugherty

Dean, Gib Dean, J. E. Elliott Ellis Ezzard Gignilliat Hawes Hill, G. Horton, W. L. Johnson

Marcus McCracken Patten, R. L. Pearce Savage Thomason Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 2.

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

By unanimous consent, HB 833 was ordered immediately transmitted to the Senate.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.

HB 611. By Messrs. Adams of the 14th, Shanahan of the 7th, Hays of the 1st, Dean of the 17th, Rainey of the 115th, Russell of the 53rd, Mauldin of the 13th, Toles of the 16th, Lowrey of the 15th 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 and revocation

TUESDAY, FEBRUARY 27, 1973

1535

of drivers' licenses, so as to provide that a new license shall not be issued unless the holder of an honorary driver's license specifically requests a new license in lieu of his honorary license; and for other purposes.

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

On the passage of the Bill, the ayes were 123, nays 1.

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

By unanimous consent, HB 611 was ordered immediately transmitted to the Senate.
HB 255. By Messrs. Levitas of the 50th, Burruss of the 21st and Larsen of the 27th: A Bill to be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; and for other purposes.

By unanimous consent, further consideration of HB 255 was postponed until Wednesday, February 28, 1973, immediately after the period of unanimous con sents.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were again taken up for consideration:

HB 318. By Messrs. Bostick of the 123rd, Strickland of the 116th, Harrison of the 116th, Patten of the 123rd, Northcutt of the 68th and others:
A Bill to be entitled an Act to provide minimum salaries for clerks of the superior courts of the various counties within the State, to be paid from county funds; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide minimum salaries for clerks of the superior courts of the various counties within the State of Georgia, to be paid from county funds; to provide for longevity increases; to pro-

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JOURNAL OF THE HOUSE,

vide for additional minimum compensation for certain clerks serving as
clerk of a state court, county court, city court, or civil court; to provide that the provisions of local legislation affecting compensation for clerks of the superior courts of the various counties shall remain in full force and effect, except where the same provides for a salary lower than the salary provided in this Act; to provide that the provisions of this Act
shall not be construed to place any clerk of the superior court on an annual salary in lieu of the fee system of compensation, until local leg
islation is enacted by the General Assembly of Georgia placing any such clerk on an annual salary; to provide for 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. Any other provision of law to the contrary notwithstand ing, the minimum annual salary of each clerk of the superior court in each county of the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census. Each such clerk shall receive an annual salary, payable in equal monthly install ments from the funds of the county, of not less than the amount fixed in the following schedule:

Population
0- 5,999 6,000- 11,999 12,000- 19,999 20,000- 29,999 30,000- 39,999 40,000- 49,999 50,000- 99,999 100,000-199,999 200,000-and up

Minimum Salary
$ 7,000 9,000 10,000 11,000 12,000 13,000 14,000 15,000 16,000.

Section 2. In addition to the minimum salary provided in Section 1, each clerk of the superior court of any county who also serves as clerk of a state court, county court, city court, or civil court, under the pro visions of any applicable general or local law of this State, shall receive for his services in such other court a salary of not less than $100 per month, to be paid from the funds of the county.

Section 3. The amounts provided in Sections 1 and 2 of this Act shall be increased by two and one-half (2%) percent for each year in office served by any clerk, figured at the end of each such period of service. Such increase shall not have retroactive effect. The increase per year provided in this Section shall not apply to any year completed prior to the effective date of this Act. This Act shall not be construed to re duce the salary of any clerk of the superior court presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation

TUESDAY, FEBRUARY 27, 1973

1537

of a clerk's office shall come from funds other than the funds specified as salary in this Act.

Section 4. All provisions of any local legislation in effect on the effective date of this Act or enacted subsequent to the effective date of this Act and affecting compensation for clerks of the superior courts of the various counties shall be of full force and effect, except where such local legislation provides for a salary lower than the salary provided in this Act, in which event the provisions of this Act shall prevail.

Section 5. The provisions of this Act shall not be construed so as to place any clerk of the superior court who is on the fee system of compensation on the effective date of this Act on a salary system of compensation. Any clerk who is compensated under the fee system of compensation on the effective date of this Act shall continue to receive compensation under the fee system of compensation until local legisla
tion is enacted by the General Assembly placing such clerk on an annual salary equal to or greater than the minimum annual salary provided for in this Act.

Section 6. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Davis of the 85th, was read and lost

An amendment, offered by Mr. Adams of the 14th, was read and lost.

The Committee substitute was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.

Alexander, W. M. Atherton Bailey Berlin

Bond Bostick Brantley, H. L. Bray

1538
Brown, C. Brown, S. P. Burruss Burton Carlisle Carr Clark Coleman Collins, S. Colwell Coney Connell Davis, W. Dean, N. Dent Dickey Dollar Dorminy Duke Ellis Evans Farrar Floyd, L. E. Fraser Grantham Greer Groover Harden Harris, J. F.

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Harris, J. R. Harrison Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Keyton Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Logan Mason Matthews, D. R. McDaniell McKinney Miles Morgan Mulherin

Mullinax Murphy Nix Noble Northcutt Oxford Patten, G. C. Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Rush Russell, W. D. Shanahan Smith, J. .R. Smith, V. B. Strickland Toles Triplett Tucker Twiggs Vaughn Ware Wheeler, Bobby

Those voting in the negative were Messrs.

Adams, J. H. Alien Beckham Berry Bohannon Brantley, H. H. Castleberry Chance Cole Davis, E. T. Dixon Edwards Egan Foster Geisinger

Harrington
Hays Irvin, R. King Larsen, G. K.
Lee, W. S. Lowrey Mauldin McDonald
Moyer Odom Patterson Pearce Petro Reaves

Russell, J.
Sams Snow Sweat Turner Waddle Walker Wall Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Those not voting were Messrs.:

Bennett Blackshear Brown, B. D.

Buck Busbee Carrell

Collins, M. Daugherty Dean, Gib

Dean, J. E. Elliott Ezzard Floyd, J. H. Gignilliat Grahl Hamilton Hawes Hill, G. Horton, W. L.

TUESDAY, FEBRUARY 27, 1973

1539

Jordan Knight Lane, W. J. Marcus Matthews, C. McCracken Milford Nessmith Patten, R. L.

Ross Savage Stephens Thomason Thompson Townsend Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 98, nays 44.

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

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.

HB 355. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to prohibit any person, firm or corporation from advertising seeking to induce any person to purchase an instrument comparable to an insured deposit or share account in any bank, savings and loan association, when the instrument does not possess comparable insurance coverage as determined by the Commissioner of the Depart ment of Banking and Finance; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Title 13, known as the "Bank ing Law" of Georgia, as amended, so as to prohibit any person, firm or corporation from advertising in any way seeking to induce any person to purchase an instrument purporting to be insured or guaranteed in a manner comparable to an insured deposit or share account in any bank, savings and loan association, building and loan association or credit union when the instrument does not possess comparable insurance cover age as determined by the Commissioner of the Department of Banking and Finance of this State; to require such advertising or solicitation to clearly state that the investment is not a deposit insured by an instru mentality or agency of the federal government or of this State; to pro hibit the use of the terms "savings", "savings account", "deposit", or "withdrawal" or any equivalent thereof in any advertisement indicating reference to instruments issued by or to be issued by any such person, firm or corporation other than a bank, savings and loan association,

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building and loan association or credit union; to provide for injunctive relief; 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 13, known as the "Banking Law" of Georgia, as amended, is hereby amended by adding a new Code Section, imme diately following Code Section 13-204.1, to be designated Code Section 13-204.2, to read as follows:

"13-204.2. Advertising, (a) No person, firm or corporation do ing business in this State shall advertise in or through any news paper, radio, television, letters, circulars, billheads or in any way or through any medium seeking to induce any person to purchase an instrument which is purported to be insured or guaranteed in a manner comparable to an insured deposit or share account in any bank, savings and loan association, building and loan association or credit union when in fact such instrument does not possess com parable insurance coverage as determined by the Commissioner of the Department of Banking and Finance of this State. Whenever any person, firm or corporation doing business in this State shall compare, in any such advertising media, an investment or a return on an investment, except an investment or return on an investment in the form of a deposit or share account, to a deposit or share ac count or a return on a deposit or share account in a bank, savings and loan association, building and loan association or credit union, it shall be clearly stated in such advertising or solicitation that the investment is not a deposit insured by an instrumentality or agency of the federal government or of this State.

(b) No person, firm or corporation shall use the terms 'sav ings', 'savings account', 'deposit', or 'withdrawal' or any equivalent thereof in any advertisement as above described in subsection (a) indicating reference to instruments issued by or to be issued by the person, firm or corporation.

(c) The Commissioner of the Department of Banking and Finance shall enforce the provisions of this Act by seeking injunc tive relief in a superior court of competent jurisdiction."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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

On the passage of the Bill, by substitute, the ayes were 91, nays 3.

TUESDAY, FEBRUARY 27, 1973

1541

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

Due to mechanical failure, the votes of Mr. Shepherd of the 28th did not record on questions upon which the roll call was ordered this day.

Mr. Wood of the 9th 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 Wednesday, February 28, 1973

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. Robert A. Kerr, Pastor, First United Methodist Church, Thompson, Georgia.
The following poem was used by Rev. Kerr as part of his devotion:
MY MASTER
I had walked life's path with an easy tread, Had followed where comfort and pleasure led; And then by chance in a quiet place I met my Master, face to face.
With station and rank and wealth for a goal, Much thought for the body, but none for the soul, I entered to win in life's mad race, When I met my Master face to face.
I had built my castles and reared them high, 'Til their towers had pierced the blue of the sky; I had sworn to rule with iron mace, When I met my Master face to/face.
I met Him and knew Him and blushed to see That His eyes, full of sorrows, were fixed on me; And I faltered and fell at His feet that day. While my castles melted and vanished away.
Melted and vanished, and in their place I saw naught else but my Master's face; And I cried aloud, "O, make me meet To follow the marks of Thy wounded feet!"
My thought is now for the souls of men, I have lost my life to find it again, E'er since alone in that holy place My Master and I stood face to face.
--Author unknown
By unanimous consent, the call of the roll was dispensed with.
Mr. Mauldin of the 13th, Chairman of the Committee on Journals reported that the Journal of the previous legislative day had been read and found to be correct.

WEDNESDAY, FEBRUARY 28, 1973

1543

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 28, 1973, and submits the following: HB 32. State Officials, Compensation. HB 164. Insurance, Lending Institutions. HB 171. Hotel and Motel Rates, Record & Post. HB 187. Judges Election, Superior, Appeals, Supreme. HB 201. Timber Products, Treatment & Sale. HB 245. Driver's License Revoked, Driving Course (Reconsidered) HB 247. Alcohol and drug tests, administration of. HB 255. Deceptive Practices, Trade or Commerce. HB 360. Health & Welfare, Services, revise. HB 395. Peace Officer Standard and Training Council.

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JOURNAL OF THE HOUSE,

HB 418. Vehicles Used in Drugs, Confiscation of.

HB 424. Motor Vehicle Registration, Applications.

HB 439. Cities & Counties, Budget, Audit and Report.

HB 466. Motor Vehicle, Suspension System.

HB 617. Harmful Materials to Minors, Standards.

HB 630. Office of Highway Safety, Changes.

HB 650. Medical Practitioners Granting of a License.

HB 679. Mobile Homes, relocation, fees for Permits.

HB 693. Income Tax Payments, Quarterly Returns.

HB 870. Georgia Scenic Trails, DOT Construct Bike Trails.

HB 873. Wine Products for Household Use.

The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.

Respectfully submitted, Lambert of the 97th, 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 946. By Messrs. Snow of the 1st, Walker of the 100th, Morgan of the 70th and Bennett of the 124th:
A Bill to be entitled an Act to amend Code Chapter 38-6, relating to records and public documents as evidence, so as to provide for the authentication of Acts of the legislature of any other state, territory or possession of the United States; and for other purposes.
Referred to the Committee on Judiciary.

HB 947. By Messrs. Snow of the 1st, Walker of the 100th, Russell of the 53rd, Morgan of the 70th and Bennett of the 124th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing appellate and other

WEDNESDAY, FEBRUARY 28, 1973

1545

post trial procedure in civil and criminal cases, so as to provide that a notice of appeal shall contain a concise statement of why the court appealed to has jurisdiction; and for other purposes.
Referred to the Committee on Judiciary.

HB 948. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel of the ordinary's office may receive; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 949. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend "The Building and Loan Act", so as to provide that no building and loan association, savings and loan association or other like corporation incorporated, organized or char tered under the laws of this State shall carry on or conduct business except on the premises of the principal or branch office; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 950. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide that certain motor vehicles which have been in use for three years or less shall not be required to be inspected nor shall an official certificate of inspection and approval be obtained or required for said motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 951. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners and Code Section 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have resided within the U. S. for at least 1 year and who have filed an application for perma nent residency status shall be eligible to stand examination for a license to practice medicine; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 952. By Mr. Harrison of the 116th: A Bill to be entitled an Act to amend Code Section 67-201, relating to

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JOURNAL OF THE HOUSE,

the creation of mechanics' and materialmen's liens, so as to provide that there shall be no materialmen's laborers', or other liens created or declared against certain single-family dwellings, under certain condi tions; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 253-952. By Mr. Harrison of the 116th:
A Resolution proposing an amendment to the Constitution so as to provide that the privilege of members of both Houses of the General Assembly shall extend throughout their term of office as members; and for other purposes.
Referred to the Committee on State of Republic.

HB 9531. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that out going mail of a prisoner shall not be subject to any form of censorship; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 954. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend the "Georgia Post Mortem Exami nation Act", so as to provide witness fees for peace officers appearing at coroner's inquests; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 955. By Messrs. Hudson of the 115th and Bostick of the 123rd:
A Bill to be entitled an Act to amend Code Title 93, relating to the Public Service Commission, so as to add a chapter to be known as the "Georgia CATV Regulatory Surveillance Act"; and for other purposes.
Referred to the Committee on Industry.

HB 956. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Burke 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.

WEDNESDAY, FEBRUARY 28, 1973

1547

HB 957. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Burke County, so as to change the terms of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 958. By Messrs. Rainey, Hudson and Dorminy of the 115th:
A Bill to be entitled an Act to create and establish a Small Claims Court for Crisp County to be known as the Small Claims Court of Crisp County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 959. By Messrs. Rainey, Dorminy and Hudson of the 115th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Sylvester, so as to require candidates to receive a ma jority of the votes cast to fill the nomination or office in order to be nominated or elected to such office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 960. By Messrs. Groover of the 75th, Smith of the 74th, Tucker of the 69th and Adams of the 74th:
A Bill to be entitled an Act to amend an Act placing the District At torney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, so as to change the qualifications of the Assistant District Attorney; and for other purposes.
Referred to the Committee on Judiciary.

HB 961. By Messrs. Beckham of the 82nd, Sams of the 83rd, Howard of the 19th, Connell of the 80th, Busbee of the 114th, McDaniell of the 20th, Egan of the 25th and Duke of the 20th:
A Bill to be entitled an Act to amend Code Chapter 34-11, relating to ballots, so as to provide that ballots and ballot labels shall be arranged so that uncontested offices shall be listed last; and for other purposes.
Referred to the Committee on State of Republic.

HB 962. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Surface Mining Act of 1968", so as to clarify the application of the Act; and for other purposes.
Referred to the Committee on Natural Resources.

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JOURNAL OF THE HOUSE,

HB 963. By Messrs. Cole of the 6th, Shanahan of the 7th, Foster of the 6th and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act creating the State Highway Board, so as to change the provisions requiring certain persons to resign from positions prior to taking office as members of the Board; and for other purposes.
Referred to the Committee on Highways.

HB 964. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Tift County upon an annual salary, 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.

HR 264-964. By Mr. Cole of the 6th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legisla tion treating any and all equipment and machinery as a separate class from other classes of tangible property for ad valorem property tax purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 965. By Messrs. Kreeger of the 21st, Duke, Nix and McDaniell of the 20th

and Burruss of the 21st:

;

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; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 966. By Messrs. Kreeger of the 21st, Duke, Nix and McDaniell of the 20th and Burruss of the 21st:
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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 967. By Messrs. Patten of the 123rd, Smith of the 74th, Smith of the 42nd, Matthews of the 122nd, Connell of the 80th, Mulherin of the 81st, Ed wards of the 95th, Hudson of the 115th, Grantham of the 127th and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act providing for the classifi-

WEDNESDAY, FEBRUARY 28, 1973

1549

cation of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes, so as to provide for a minimum ad valorem tax on motor vehicles; and for other purposes.
Referred to the Committee on Ways and Means.

HB 968. By Messrs. Beckham of the 82nd, Sams of the 83rd:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide for shorter school hours under certain conditions; and for other purposes.
Referred to the Committee on Education.

HB 969. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Georgia Code Section 93-210, pertaining to the assessment of public service corporation fees in an amount sufficient to cover the cost of operating and maintaining the Georgia Public Service Commission, by increasing the assessment to $560,000 per annum and providing that the money will be paid to the State; and for other purposes.
Referred to the Committee on Industry.

HB 970. By Messrs. Greer of the 43rd and Irvin of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, 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 971. By Mr. Alexander of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 972. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to provide for the protection of rare speci mens of animal life within this State; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 973. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to amend "The Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to empower and direct the Board of Regents to promulgate rules and regulations au thorizing the sale of malt beverages, wine and distilled spirits by the drink for consumption on the premises at certain colleges and universi ties; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A Bill to be entitled an Act to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities beneficial to the public welfare; and for other purposes.
Referred to the Committee on Industry.

HB 975. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Sparks in Berrien County, so as to provide for a twoyear term of office for the mayor of said town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 976. By Messrs. Roach and Harris of the 8th, Colwell of the 4th, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to provide for additional compensation for the assistant district attorney of the Blue Ridge Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 977. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Lenox in Berrien County, so as to annex certain land to the Town of Lenox; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 978. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing for a maximum outside width for certain buses in counties of this State having certain populations (in excess of 256,000) so as to include the Metropolitan

WEDNESDAY, FEBRUARY 28, 1973

1651

Atlanta Rapid Transit Authority in the definition of "urban Transit systems"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 255-978. By Messrs. Geisinger of the 44th, Brown of the 67th, Collins of the 45th, Floyd of the 5th, Harris of the 8th, Walker of the 100th, Patten of the 123rd, Egan of the 25th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that no member of the General Assembly shall have his compen sation increased during the term of office to which he was elected; and for other purposes.
Referred to the Committee on Retirement.

HR 256-978. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th, Triplett of the lllth, Ellis of the 107th, Hill of the 110th, Blackshear of the 106th and Chance of the 121th:
A Resolution atuhorizing the placing of a bust of Juliette Gordon Low, founder of the Girl Scouts of the United States of America, in the Georgia Hall of Fame at the State Capitol; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 980. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens, so as to provide for a new Clarke County Board of Education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 981. By Messrs. Geisinger of the 44th, Collins of the 45th, Elliott of the 49th, Noble of the 48th, Russell of the 53rd, Harris of the 51st, Jordan of the 58th, Burton of the 47th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be unlawful for a driver of a motor vehicle to flee or attempt to elude a police officer; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 982. By Messrs. Colwell of the 4th, Burruss of the 21st and Harrington of the 93rd:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to

1552

JOURNAL OF THE HOUSE,

the State Board of Corrections, so as to provide that the State Board of Corrections may employ inmates tinder the provisions of the workrelease program in certain instances; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 983. By Messrs. Petro of the 46th, Sams of the 83rd and Beckham of the 82nd:
A Bill to be entitled an Act to preserve the confidentiality of state ments made by students seeking information for the purpose of over coming any form of drug abuse when such statements are made to a teacher, counselor, principal, or other professional educator; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 259-983. By Messrs. Connell of the 80th, Carr of the 90th, Wilson of the 94th, Harrington of the 93rd, Lewis of the 77th, Pinkston of the 89th, Coney of the 89th, Evans of the 89th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a minimum of 300,000 tons annually; and for other purposes.
Referred to the Committee on Industry.

HB 984. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to change and extend the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 985. By Messrs. Sweat of the 125th, Dixon of the 126th, Wheeler of the 127th, Rogers of the 128th, Harrison of the 116th, Fraser of the 117th and Horton of the 43rd:
A Bill to be entitled an Act to amend the Ground Water Use Act of 1972, so as to provide for certain aquifer studies; and for other purposes.
Referred to the Committee on Natural Resources.

HB 986. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide that certain residents of Georgia who apply to the Department of Natural Resources shall receive an

WEDNESDAY, FEBRUARY 28, 1973

1553

honorary permit which shall entitled the holder thereof to the use of any state park facility without the payment of any fee whatsoever; and for other purposes.
Referred to the Committee on Recreation.

HB 987. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to prohibit certain persons from holding an interest in any business licensed to sell or distribute alcoholic beverages or in any property used for the purpose of operating such a business or selling or distributing alcoholic beverages; and for other purposes.
Referred to the Committee on Temperance.

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

HR 261-1012. By Mr. Lane of the 76th:
A Resolution compensating Mr. Richard R. Peeples and Mrs. Ruth H. Peeples; and for other purposes.
Referred to the Committee on Appropriations.

HR 266-1013. By Mr. Floyd of the 56th:
A Resolution compensating Mrs. Hilda C. Lacher; and for other pur poses.
Referred to the Committee on Appropriations.

HB 1025. By Messrs. Cole and Foster of the 6th:
A Bill to be entitled an Act to create the Industrial City of Gordon, Murray and Whitfield Counties, as a political subdivision with extra ordinary powers; 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 926. By Messrs. Gignilliat of the 105th, Thompson of the 86th and Mulherin of the 81st:
A Bill to be entitled an Act to recreate and reestablish within the De partment of the Secretary of State, the Georgia Commission for the National Bicentennial Celebration; to provide for the membership of said Commission; and for other purposes.

1554

JOURNAL OF THE HOUSE,

HB 927. By Messrs. Murphy of the 18th and Smith of the 74th:
A Bill to be entitled an Act to amend Code Chapter 68-6, relating to motor common carriers, so as to provide that the Public Service Com mission may grant for a period not in excess of 30 days a non-renewable emergency authority for service in areas having an unmet urgent need; and for other purposes.

HB 928. By Messrs. Murphy of the 18th and Smith of the 74th:
A Bill to be entitled an Act to amend Code Chapter 68-5, relating to the regulation of motor contract carriers for hire other than common carriers, so as to provide uniform registration and license requirements and procedures for motor contract carriers and motor common carriers; and for other purposes.

HB 929. By Messs. Bennett, Patten and Reaves of the 124th:
A Bill to be entitled an Act to amend Code Title 92, relating to public revenue, so as to change the provisions relative to the use by the board of tax assessors of each municipality of the 100% fair market value determined for property for county ad valorem tax purposes as the basis for fair market value of property for municipal tax purposes; and for other purposes.

HB 930. By Mr. Shanahan of the 7th:
A Bill to be entitled an Act to provide that certain of the Grand Juries of Gordon County shall review the compensation of the county officers and shall make recommendations to the governing authority relative to the compensation to be received by such officers; and for other purposes.

HR 232-930. By Messrs. Adams of the 84th, Brantley of the 92nd, Morgan of the 70th, Hutchinson of the 114th, Rush of the 104th, Carr of the 90th, Nessmith of the 76th, Smith of the 74th, Harrison of the 116th and others:
A Resolution petitioning the Congress of the United States to preserve the capital gains treatment of timber; and for other purposes.

HR 233-930. By Messrs. Keyton of the 121st, Reaves of the 124th, Groover of the 75th and Bostick of the 123rd:
A Resolution proposing an amendment to the Constitution so as to pro vide the Court of Appeals shall have exclusive original jurisdiction for the review of orders or rules of the Public Service Commission; and for other purposes.

WEDNESDAY, FEBRUARY 28, 1973

1555

HR 234-930. By Messrs. Gignilliat of the 105th, Murphy of the 18th, Smith of the 91st, Alien of the 108th, Colwell of the 4th, Jones of the 109th, Triplett of the lllth and Ellis of the 107th:
A Resolution authorizing the State Properties Control Commission to grant to Georgia Marina Warehouse Company a license to use, the hereinafter described portion of the Savannah River Bottom in Chatham County upon payment into the State Treasury of a sum not less than $250.00; and for other purposes.

HB 931. By Mr. Collins of the 45th:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to authorize the production of a certain quantity of malt beverages; and for other purposes.

HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
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.

HB 934. By Messrs. Russell, Logan and Matthews of the 62nd and McDonald of the 12th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Barrow County, so as to repeal certain provisions relative to dereliction of duty and removal of commissioners from office; and for other purposes.

HB 935. By Mr. Carr of the 90th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of G'ascock County and providing in lieu thereof an annual salary, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.

HB 936. By Mr. Triplett of the lllth:
A Bill to be entitled an Act to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000); and for other purposes.

HB 937. By Mr. Triplett of the lllth:
A Bill to be entitled an Act to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000); and for other purposes.

1556

JOURNAL OP THE HOUSE,

HB 938. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act abolishing the fee system and providing an annual salary for the ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary; and for other purposes.

HB 939. By Mr. Hill of the 110th: A Bill to be entitled an Act to require persons who receive notices of defects in motor vehicles to cause such motor vehicle to be taken to the motor vehicle dealer for correction of such defects; and for other purposes.
HB 940. By Messrs. Bostick and Patten of the 123rd: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Tift County, so as to change the compensation of the chairman of said board; and for other purposes.

HB 941. By Messrs. Bostick and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Tift County, so as to provide for a contingent expense a^owance for the vice chairman and members of said board of commis sioners other than the chairman; and for other purposes.

HB 942. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Higher Education Assistance Corporation, so as to change the provi sions relative to the maximum amount of loans that may be guaranteed for students by the Corporation; and for other purposes.

HR 236-942. By Messrs. Hill of the 41st and Collins of the 45th :
A Resolution creating the Food Costs Study Committee; and for other purposes.

HR 237-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to re peal the provision dec aring lobbying to be a crime and requiring the General Assembly to enforce said provision by suitable penalties; and for other purposes.

WEDNESDAY, FEBRUARY 28, 1973

1557

HR 238-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the apportionment of the Senate and House of Representatives, the number of Senators and Representatives and the method of changing the apportionment of the Senate and House of Representatives; and for other purposes.

HR 239-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to pro vide an increase in the compensation of any elective official in this State shall not become effective during the term of office of such official in which such increase is approved or authorized; and for other purposes.

HR 240-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to repeal the provision that no poll tax shall be levied to exceed $1.00 annually upon each poll; and for other purposes.

HR 241-942. By Mr. Savage of the 30th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall provide by law that a special elec tion shall be held to fill any vacancy in the membership of the General Assembly; and for other purposes.

HB 943. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend Code Section 34-802, as amended, so as to change provisions relative to population; and for other purposes.

HB 944. By Mr. Fraser of the 117th:
A Bill to be entitled an Act to amend an Act supplementing the fees of the Ordinary of Liberty County, so as to change the compensation of the clerk of the ordinary; and for other purposes.

HB 945. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to amend Code Title 61, relating to landlords and tenants, so as to provide that no contract creating the relationship of landlord and tenant shall deny the right of the tenant to convey the usufruct by assignment or subletting of the premises with the landlord's consent; and for other purposes.

1558

JOURNAL OF THE HOUSE,

HB 979. By Messrs. Jordan of the 58th, Farrar of the 52nd, Russell of the 53rd, Busbee of the 114th, Connell of the 80th, Lee of the 114th:
A Bill to be entitled an Act to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official must be introduced in the General Assembly during the first 10 days of any session, so as to provide for fiscal notes evaluating bills changing the salary or allowances; and for other purposes.

SR 12. 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.

SB 16. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the regulation of the estab lishment of long term health care facilities; to provide for a short title; to provide for the creation of the Long Term Health Care Reviewing Board and for its powers and duties; and for other purposes.

SB 43. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to the mandatory retirement age of certain members; and for other purposes.

SB 151. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend Code Section 113-1702, relating to sales by administrators, so as to permit sales by administrators; and for other purposes.

SB 153. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend Code Title 56, known as the "Geor gia Insurance Code", so as to redefine the terms "physician" and "doc tor" when used in connection with individual or group accident and sickness insurance policies; and for other purposes.

SB 220. By Senator Cox of the 21st:
A Bill to be entitled an Act to provide for damages for malicious or willful destruction of property by minors; and for other purposes.

WEDNESDAY, FEBRUARY 28, 1973

1559

SB 226. By Senators Gillis of the 20th, London of the 50th, Webb of the llth and others:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that inmates serving life sentences for the crime of murder or rape shall be eligible for parole after 20 years of his sentence; and for other purposes.

SB 279. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "bet"; and for other purposes.

SB 284. By Senators Smith of the 34th and Holloway of the 12th:
A Bill to be entitled an Act to amend the "Unemployment Compensation Law", so as to correct printing errors; to change words that are incor rect; and for other purposes.

Mr. Floyd of the 5th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 669. Do Pass. Respectfully submitted, Floyd of the 5th, Chairman.

Mr. Mullinax of the 65th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 720. Do Pass, by Substitute. Respectfully submitted, Mullinax of the 65th, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Dorminy of the 115th 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 594. Do Pass, by Substitute.

Respectfully submitted, Mason of the 59th, Secretary.

Mr. Buck of the 87th 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 46. Do Pass.

HB 383. Do Pass.

Respectfully submitted, Buck of the 87th, Chairman.

Mr. Lambert of the 97th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 140-535. Do Pass.
Respectfully submitted, Lambert of the 97th, Vice-Chairman.

WEDNESDAY, FEBRUARY 28, 1973

1561

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs--Local Legislation, 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 620. Do Pass, as Amended.
HB 621. Do Pass.
HB 792. Do Pass.
HB 793. Do Pass.

HB 802. Do Pass.

HB 829. Do Pass.

HB 838. Do Pass.

HB 839. Do Pass.

HB 843. Do Pass.

HB 844. Do Pass.

HB 845. Do Pass.

HB 850. Do Pass.

HB 856. Do Pass.

HB 865. Do Pass.

HB 866. Do Pass.

HB 867. Do Pass.

HB 868. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Matthews of the 62nd District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia has had under considera tion the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 942. Do Pass.

Respectfully submitted, Matthews of the 62nd, Chairman.

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

HB 620. By Messrs. Connell of the 80th, Sams of the 83rd, Miles of the 79th and others:
A Bill to be entitled an Act to create the Augusta-Richmond County Coliseum Authority; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 620 by adding at the end of section 20 the following:
"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."
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.

WEDNESDAY, FEBRUARY 28, 1973

1563

HB 621. By Messrs. Connell of the 80th, Sams of the 83rd, Miles of the 79th and others:
A Bill to amend an Act creating the Augusta-Richmond County Board of Tax Assessors, so as to change the compensation of the members of the Board; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 792. By Messrs. Matthews, Logan and Russell of the 62nd: A Bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", as amended, so as to authorize the Mayor and Council thereof to own, maintain and operate a public transportation 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 793. By Messrs. Matthews, Russell and Logan of the 62nd:
A Bill to amend an Act creating a new charter for the City of Winterville, as amended, so as to empower the mayor and council to elect a person to preside over the police court 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 105, nays 0.

1564

JOURNAL OP THE HOUSE,

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

HB 802. By Messrs. Connell of the 80th, Sams of the 83rd and others:
A Bill to be entitled an Act creating a board of commissioners of Rich mond County, so as to provide a penalty for the violation of regulations relating to animal control; and for other purposes.

The report 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 829. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lanier County, so as to change the com pensation of the clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 838. By Mr. Dixon of the 126th: A Bill to amend an Act providing a new charter for the City of Waycross, as amended, so as to change the effective date of certain provisions of the 1972 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 28, 1973

1565

HB 839. By Messrs. Whitmire, Wood and Williams of the 9th:
A Bill to amend Code Section 23-2304, relating to burial of paupers, 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 105, nays 0.

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

HB 843. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County on an annual salary, as amended, so as to change the provisions relating to the employment of certain 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 105, nays 0.

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

HB 844. By Messrs. Milford, Mauldin and Wheeler of the 13th: A Bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change the provisions relating to the em ployment of assistants and other 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.

1566

JOURNAL OF THE HOUSE,

HB 845. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, so as to change the compensation of the clerk 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 850. By Messrs. Rainey of the 115th, Jessup of the 102nd, Dorminy of the 115th and others:
A Bill to fix the terms of the Superior Courts of the Cordele 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 105, nays 0.

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

HB 856. By Mr. Murphy of the 18th:
A Bill to amend an Act creating a new charter for the City of Hiram; as amended, so as to change the maximum compensation of the mayor and councilmen; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

WEDNESDAY, FEBRUARY 28, 1973

1567

HB 865. By Mr. Lambert of the 97th:
A Bill to amend an Act creating the Board of Commissioners of Han cock County, as amended, so as to provide for the duties of the Board of Commissioners; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 866. By Mr. Lambert of the 97th:
A Bill to amend an Act incorporating the offices of tax receiver and tax collector, 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 867. By Mr. Lambert of the 97th:
A Bill to amend an Act placing the sheriff, ordinary and clerk of Han cock County on an annual salary; to authorize the sheriff to appoint a chief deputy and three other 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 105, nays 0.

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

1568

JOURNAL OF THE HOUSE,

HB 868. By Mr. Lambert of the 97th:
A Bill to amend an Act creating a Board of Commissioners of Hancock County, as amended, so as to prohibit the employment of county police; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 600. By Messrs. Lee, Busbee, and Hutchinson of the 114th and others:
A Bill to amend an Act providing a new charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein.

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

HB 252. By Mr. Walker of the 100th:
A Bill to amend an Act creating a new charter for the City of Perry, so as to strike the provision of said charter prohibiting the taxation of woodland of five or more acres until it is laid off in lots.

HB 546. By Mr. Vaughn of the 57th:
A Bill to amend an Act creating the office of Commissioner of Rockdale County, so as to change the salary of the Commissioner.

HB 547. By Mr. Vaughn of the 57th:
A Bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff and his deputies.

WEDNESDAY, FEBRUARY 28, 1973

1569

HB 548. By Mr. Vaughn of the 57th:
A Bill to amend an Act fixing the compensation of the clerk of the Su perior Court of Rockdale County, so as to change the time set for the submission of the monthly report.

HB 549. By Mr. Vaughn of the 57th:
A Bill to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to provide for a chief deputy and his compensation.

HB 550. By Mr. Vaughn of the 57th:
A Bill to amend an Act providing an annual salary for the Ordinary of Rockdale County in lieu of the fee system, so as to change the salary of the ordinary.

HB 551. By Mr. Vaughn of the 57th:
A Bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner.

HB 595. By Messrs. Adams of the 14th, Lowrey of the 15th, and Toles of the 16th:
A Bill to abolish the office of Coroner of Ployd County; to create the office of medical examiner of Floyd County.

HB 601. By Messrs. Grantham and Wheeler of the 127th:
A Bill to amend an Act consolidating the office of tax receiver and tax collector of Camden County into the office of the tax commissioner of Camden County, so as to change the provisions relating to personnel of the tax Commissioner.

HB 616. By Messrs. Rush of the 104th and Fraser of the 117th:
A Bill to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the sheriff of Long County.

HB 623. By Messrs. Buck of the 87th, Davis of the 85th, Thompson of the 86th, and others:
A Bill to amend an Act abolishing justice courts and the offices of Jus tice of the peace and notary public ex officio justice of the peace, so as

1570

JOURNAL OF THE HOUSE,

to provide that the Municipal Court of Columbus shall be a State Court for defraying part of the cost of establishing and maintaining a County Law Library.

HB 624. By Messrs. Mauldin, Wheeler and Milford of the 13th:
A Bill to amend an Act providing an annual salary for the Sheriff of Franklin County, so as to change the provisions relative to the compen sation of the Sheriff's deputy.

HB 628. By Messrs. Dorminy, Rainey and Hudson of the 115th:
A Bill to amend an Act providing a new charter for the City of Ashburn, so as to require candidates to receive a majority of the votes cast to fill the nomination or office in order to be nominated or elected to such office.

HB 634. By Mr. Floyd of the 5th:
A Bill to amend an Act consolidating all of the laws chartering the City of Summerville, so as to close a certain tract of land which is a portion of Favor Street.

HB 635. By Mr. Floyd of the 5th:
A Bill to amend an Act placing the Ordinary of Chattooga County upon an annual salary, so as to change the compensation of the Ordinary and his clerical help.

HB 95. By Messrs. Levitas of the 50th and Harris of the 51st:
A Bill to provide to the State a limited right to appeal certain orders, decisions and judgments in criminal cases; to provide which orders shall be appealable by the State.

HB 150. By Messrs. Mauldin of the 13th, Farrar of the 52nd and Coney of the 89th:
A Bill to amend the "Minimum Foundation Program of Education Act", so as to change the provisions relative to funds for vocational schools.

SB 35. By Senator Stephens of the 36th:
A Bill to amend Section XI of the Act entitled "Establishing the Criminal Court of Atlanta", so as to provide that trials by jury in the Criminal Court of Fulton County, shall be by six jurors instead of five jurors, from a panel of 12 qualified prospective jurors.

WEDNESDAY, FEBRUARY 28, 1973

1571

SB 81. By Senator Stephens of the 36th:
A Bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, so as to authorize the retirement of individuals who shall be 65 years of age and have served twenty years.

SB 169. By Senators Garrard of the 37th, Smith of the 34th, Coverdell of the 40th, and others:
A Bill to amend an Act establishing a new charter for the City of At lanta, as amended, so as to provide a maximum limitation on the ad valorem taxation which the board of aldermen may assess and collect, for the support of public schools and other educational purposes.

SB 239. By Senator Stephens of the 36th:
A Bill to amend an Act establishing a fire prevention system in the un incorporated portion of Fulton County, so as to increase the sum which may be expended for fire prevention and protection without the crea tion of a fire district; to provide an effective date.

SB 306. By Senator Herndon of the 10th:
A Bill to amend an Act creating a small claims court in certain coun ties, as amended, so as to change the jurisdiction of said courts.

SB 246. By Senator Stephens of the 36th:
A Bill to repeal an Act requiring county authorities in certain coun ties to specify in any tax levy the percentage number of mills or frac tional part thereof levied for each separate purpose; to provide for an effective date.

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

HR 103-332. By Messrs. Atherton and Wilson of the 19th, McDaniell of the 20th, and others:
A Resolution authorizing a survey to be made by the Secretary of State.

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

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JOURNAL OF THE HOUSE,

HB 161. By Messrs. Dorminy of the 115th, Grahl of the 88th, Alien of the 108th, and others:
A Bill to amend an Act providing for forest fire protection, so as to provide that funds necessary to carry out the provisions of said Act shall be provided from State funds.

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

SR 93. By Senator Hudgins of the 15th: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for educational as sistance grants to qualified students.
SR 122. By Senators Holley of the 22nd, Kennedy of the 4th and Duncan of the 30th, and others: A Resolution expressing regrets at the passing of Mrs. Mary Estes Hill.

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

SB 113. By Senator Holloway of the 12th:
A Bill to amend an Act establishing the Employees' Retirement System, as amended, so as to provide for the establishment of a separate record of certain accumulated contributions by those members of Division "B" who have not elected to transfer to Division "A".

SB 229. By Senator London of the 50th:
A Bill to amend Code Title 88, the Ga. Health Code, as amended, so as to provide that the Commissioner of Human Resources, the Board of Human Resources, the Commissioner of Natural Resources or any other department, board, bureau, commission or officer shall have certain documents and shall follow certain practices and procedures prior to taking any action pursuant to said Code.

SB 265. By Senators Thompson of the 32nd, Warren of the 43rd, Ballard of the 45th and others:
A Bill to amend Code Section 79A-9915, relating to penalties for viola tions of the provisions of Code Chapter 79A-9 relating to depressant and stimulant drugs and counterfeit drugs, so as to change the penalty provisions relating to possession of marijuana.

WEDNESDAY, FEBRUARY 28, 1973

1573

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

SB 35. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Section XI of the Act entitled "Establishing the Criminal Court of Atlanta", so as to provide that trials by jury in the Criminal Court of Fulton County, shall be by six jurors instead of five jurors, from a panel of 12 qualified prospective jurors; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 81. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Commis sioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees, so as to authorize the retirement of individuals who shall be 65 years of age and have served twenty years and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SR 93. By Senator Hudgins of the 15th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for educational as sistance grants to qualified students; and for other purposes.
Referred to the Committee on Education.

SB 113. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to provide for the establishment of a separate record of certain accumulated contributions by those mem bers of Division "B" who have not elected to transfer to Division "A"; and for other purposes.
Referred to the Committee on Retirement.

SB 169. By Senators Garrard of the 37th, Smith of the 34th, Coverdell of the 40th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to provide a maximum limitation on the ad valorem taxation which the board of aldermen may assess and collect, for the support of public schools and other educational purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

SB 229. By Senator London of the 50th:
A Bill to be entitled an Act to amend the Georgia Health Code, so as to provide that the Commissioner of Human Resources, the Commissioner of Natural Resources, or other departments, etc., shall have certain documents and shall follow certain practices and procedures prior to taking any action pursuant to said Code; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 239. By Senators Stephens of the 36th:
A Bill to be entitled an Act to amend an Act establishing a fire preven tion system in the unincorporated portion of Fulton County, so as to increase the sum which may be expended for fire prevention and pro tection without the creation of a fire district; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 246. By Senator Stephens of the 36th:
A Bill to be entitled an Act to repeal an Act requiring county authori ties in certain counties to specify in any tax levy the percentage number of mills or fractional part thereof levied for each separate purpose; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 265. By Senators Thompson of the 32nd, Warren of the 43rd, Ballard of the 45th and Skene of the 27th:
A Bill to be entitled an Act to amend Code Section 79A-9915, relating to penalties for violations of the provisions of Code Chapter 79A-9 relating to depressant and stimulant drugs and counterfeit drugs, so as to change the penalty provisions relating to possession of marijuana; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 306. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, so as to change the jurisdiction of said courts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

The following Resolution of the House was read and adopted:

WEDNESDAY, FEBRUARY 28, 1973

1575

HR 260. By Mr. Ware of the 65th:

A RESOLUTION

Honoring Brigadier General Charlie F. Camp upon his retirement; and for other purposes.

WHEREAS, Brigadier General Charlie F. Camp enlisted in the Machine Gun Troop, 108th Calvary, Georgia National Guard on July 22, 1930, being commissioned a Second Lieutenant on August 6, 1940; and

WHEREAS, he entered federal service in February, 1941, thereafter serving overseas for three and one-half years participating in the Papuan, New Guinea and Luzon Campaigns; and

WHEREAS, upon completion of his active duty and return to a Reserve Forces status, he was appointed Assistant United States Property and Dispersing Officer for the Georgia National Guard; and

WHEREAS, on January 14, 1948, he was appointed Assistant Adju tant General of Georgia with the rank of Brigadier General; and

WHEREAS, Brigadier General Camp was appointed the Adjutant General of Georgia on July 11, 1957, with the federally recognized rank of Major General, a position he held until January 13, 1959, when he was appointed Assistant Adjutant General for Army, which position he will hold until February 28, 1973; and

WHEREAS, among his many awards and decorations are the Dis tinguished Service Medal for outstanding service to the Georgia National Guard, and the Army Meritorious Service Medal, presented by the United States Army, the first of its kind ever presented to a Georgia guardsman; and

WHEREAS, Brigadier General Camp will retire on February 28, 1973, as Assistant Adjutant General for Army from the Georgia National Guard after forty-one years of meritorious service.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest appreciation to Brigadier General Charlie F. Camp for his outstanding and faithful service which exemplifies the finest tradition of the citizen soldier, and wishes for him every success in his future endeavors.

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 Brigadier General Charlie F. Camp.

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:

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JOURNAL OF THE HOUSE,

HB 32. By Mr. Rush of the 104th:
A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that no superior court judge or district attorney of the superior courts of this State shall receive a salary in excess of a certain sum from both State and local funds except under certain conditions; to provide that no such judge or district at torney shall receive a decrease in compensation based on the salary any such judge or district attorney was receiving from both State and local funds on January 1, 1973; to provide that any reduction in pay ment to any such judge or district attorney which shall be necessary to comply with the provisions of this Act shall come from local funds; to provide that nothing herein shall be construed to apply to travel expenses received by any such judge or district attorney; to provide for the modification or repeal of previously enacted local supplements to the extent provided in this Act; to authorize the General Assembly to supplement or change the supplement to the salaries of the judges and district attorneys by local Act on and after the effective date of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Except as hereinafter provided, no superior court judge shall receive a salary of more than a total of $32,500.00 per annum from both State and local funds unless any such judge was receiving more than such total in salary and contingent expense allowances from both State and local funds on January 1, 1973. In that event, any such judge shall receive not more than he was receiving in total State and local funds on January 1, 1973. In the event any reduction in payment to any such judge shall be necessary to comply with the provisions of this Section, such reduction shall be deducted from local funds. Provided, however, that nothing herein shall be construed to apply to travel ex penses and each judge shall continue to receive reimbursement of travel expenses as provided by law.
Section 2. Except as hereinafter provided, no district attorney of the superior courts of this State shall receive a salary of more than a total of $28,000.00 per annum from both State and local funds unless any such district attorney was receiving more than such total in salary and contingent expense allowances from both State and local funds on January 1, 1973. In that event, any such district attorney shall receive not more than he was receiving in total State and local funds on Janu ary 1, 1973. In the event any reduction in payment to any such dis trict attorney shall be necessary to comply with the provisions of this Section, such reduction shall be deducted from local funds. Provided,

WEDNESDAY, FEBRUARY 28, 1973

1577

however, that nothing herein shall be construed to apply to travel ex penses and each district attorney shall continue to receive reimburse ment of travel expenses as provided by law.

Section 3. Any previously enacted local supplements applicable to the judges and district attorneys of the superior courts of this State are hereby modified or repealed to the extent provided in Section 1 of this Act.

Section 4. On and after the effective date of this Act, the General Assembly is hereby authorized to supplement or change the supplement to the salaries of the judges and district attorneys of this State by local Act.

Section 5. The provisions of this Act shall become effective on July 2, 1973.

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Buck Burton Busbee Carr Castleberry Chance

Clark Coleman Collins, M. Colwell Connell Dean, Gib Dent Dickey Duke Edwards Elliott Ellis Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton

Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger

1578
Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Mulherin Mullinax

JOURNAL OF THE HOUSE,

Murphy Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Roach Rogers
Ross Rush Sams Savage Shanahan

Smith, J. R. Smith, V. B. Snow Stephens Strickland Toles Townsend Triplett Tucker Turner Twiggs Waddle Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.

Brown, C. Davis, E. T.

Harden Harris, J. R.

Moyer Northcutt

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Alexander, W. M.
Bond Brown, B. D. Brown, S. P. Burruss Carlisle Carrell Cole
Collins, S. Coney Daugherty
Davis, W. Dean, J. E.

Dean, N. Dixon Dollar Dorminy
Egan Evans Ezzard Farrar Geisinger Hawes King
Logan Matthews, C. McCracken

Noble Peters Reaves Ritchie Russell, J. Russell, W. D. Sweat Thomason Thompson Vaughn Walker Wamble
Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 130, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, FEBRUARY 28, 1973

1579

Mr. Carlisle of the 67th wished to be recorded as voting "nay" on the passage of HB 32, by substitute.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th was not recorded.

Mr. Farrar of the 52nd stated that his vote was not properly recorded on the passage of HB 32, by substitute. He wished to be recorded as voting "aye".

By unanimous consent, HB 32, by substitute, was ordered immediately trans mitted to the Senate.
HB 201. By Messrs. Collins of the 122nd, Reaves of the 124th, Wheeler of the 127th and Patten of the 124th: A Bill to be entitled an Act to regulate the treatment and sale of certain timber products within the State of Georgia; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to regulate the treatment and sale of certain timber or timber products within the State of Georgia; to provide for a short title; to provide for definitions; to provide that each person, firm or corporation engaged in the business of treating timber or timber products with preservatives shall secure a processor's license; to pro vide that certain persons, firms or corporations shall secure a dealer's license; to provide for license fees; to provide for applications for licenses; to provide for the establishment of standards for preservatives used in the treatment of timber or timber products; to provide for re strictions and qualifications on certain standards; to provide for ex ceptions ; to provide for the branding or marking of certain treated timber or timber products; to provide for the registration of brands; to provide that each shipment of chemically treated timber or timber products shall be accompanied by a shipping document containing certain information; to provide for the inspection and sampling of timber or timber products and places in which timber or timber products are being treated; to provide for the taking of reasonable samples for testing pur poses; to provide for the issuance and enforcement of stop sale, stop use or removal orders and the practice and procedure connected with such orders; to provide for the seizure and condemnation of certain treated timber or timber products not in compliance with the provisions of this Act; to provide for the practice and procedure in connection with such seizure and condemnation; to provide for the disposal of such treated timber or timber products; to provide for suspension and revocation of licenses; to provide for notices and hearings; to provide for the practice and procedure in connection with such suspension and revo-

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JOURNAL OF THE HOUSE,

cations; to provide for exemptions; to provide that certain acts shall be unlawful; to provide for penalties; to provide for rules and regulations; to provide for 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. Short Title. This Act shall be known and may be cited as the "Georgia Treated Timber Products Act of 1973".

Section 2. Definitions, (a) As used in this Act, unless their use and context clearly requires otherwise, the following terms shall have the following meanings:
(1) "Preservative" means any chemical used in treating wood to retard or prevent deterioration or destruction caused by the ac tion of insects, fungus or bacteria.
(2) "Brand" means an identification mark assigned to a pro cessor and used to mark each treated pole, post or piling, timber, or other timber product.

(3) "Commissioner" means the Commissioner of Agriculture.

(4) "Treated wood" means wood treated by the impregnation or application of chemical solutions or chemical mixtures for the purpose of retarding or preventing deterioration or destruction by insects, fungi, bacteria, or other wood destroying organisms.

(5) "Dealer" means any person, firm or corporation who ships into or brings into this State, for sale, any treated timber or timber product treated outside the State.

(b) Any term which is not defined in subsection (a) shall have the definition ascribed to such term in the standards of the American Wood Preservers Association, if such term is defined in such standards and such definition is not otherwise in conflict with the provisions of this Act as determined by the Commissioner.

Section 3. Licensing Requirements, (a) Each person, firm or cor poration who shall engage in the business of treating timber or timber products with preservatives in this State shall secure an annual pro cessor's license from the Commissioner of Agriculture before such treatment is undertaken. The annual fee for this license shall be $25.00.

(b) Each person, firm or corporation who shall ship into the State for sale or who shall bring into the State for sale any treated timber or timber products processed outside the State shall secure an annual dealer's license from the Commissioner of Agriculture. The annual fee for this license shall be $25.00.

WEDNESDAY, FEBRUARY 28, 1973

1581

(c) Application for licenses shall be made in writing on a form ob tained from said Commissioner's office and shall contain the name and address of applicant, a list of the types of treated timber or timber products to be processed or offered for sale, or both processed and offered for sale, the type of treatment employed or to be employed, the preserva tive and the guaranteed retention of preservative per cubic foot of wood, and the proposed brand to be used in identification.

Section 4. Standards for Preservatives, (a) The Commissioner shall establish standards for preservatives used in treatment of timber or timber products. Such standards shall be in conformity with those which shall be currently adopted by the American Wood Preserver's Associa tion, except that the Commissioner may develop special regulations for the treatment of ash, oak, hickory, or other similar types of hardwood; provided, however, that nothing in this Act shall be construed to pro hibit any processor of treated timber or timber products from employ ing preservative standards and methods prescribed by federal or State agencies, departments, or political subdivisions, railroads and public utilities in the processing, sale and delivery in this State of their orders of treated timber or timber products.

(b) Any other provision of this Section to the contrary notwith standing, the use of any creosote-petroleum oil solution as a preservative is hereby prohibited. It shall be unlawful to sell or offer for sale any timber or timber product treated with any creosote-petroleum oil solution.

Section 5. Branding of Treated Timber and Timber Products, (a) All poles, posts, piling, timber, lumber or other timber products treated with creosote and oil-borne preservatives as provided for in this Act shall be branded or marked clearly with reasonable permanency before being sold or offered for sale in Georgia, except that lumber of less than two (2) inches in thickness shall have not less than twenty percent of the pieces in each shipment branded or marked.

(b) All lumber, laminated timber, plywood or other timber products treated with water-borne preservatives under the American Wood Pre server's Pureau standards and inspection program, shall in lieu of any other brand, be identified and marked to conform with marking re quirements as set forth in the standards of the American Wood Pre server's Bureau. Similar products treated to comply with the standards required by this Act by any processor not participating in the Ameri can Wood Preserver's Bureau inspection program shall be identified by a brand approved by the Commissioner.

(c) Every "Brand" shall be registered with the Commissioner, and shall not be identical to nor closely resemble that of any other company as listed in "Currently Used Brands" (M6-72) in the current manual of the American Wood Preserver's Association or as the listings may be updated from time to time.

Section 6. Shipping Documents Required. Each shipment of chemically treated timber or timber products shipped from the pro cessor or by the dealer shall be accompanied by a shipping document

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JOURNAL OF THE HOUSE,

which shall contain, in addition to other information required by the purchaser, the following information:

(1) The type of treatment used in processing the timber or tim ber products.
(2) The preservative used and the guaranteed retention per cubic foot of treated wood.
Section 7. Inspection and Sampling. For the purpose of carrying out the provisions of this Act, the Commissioner or his designated agent may enter into or upon any place during reasonable business hours where timber or timber products are being treated or where treated timber or timber products are being sold or offered for sale and may take samples of preservatives used or treated products being sold or offered for sale, to determine if the provisions of this Act are being complied with.
Section 8. Stop Sale, Use or Removal. The Commissioner may issue and enforce written or printed "stop sale, stop use, or removal" orders to the owners or custodian or any treated timber or timber products and to hold at a designated place where the Commissioner finds said treated timber or timber products being offered or exposed for sale in violation of any of the provisions of this Act until the law has been complied with and said treated timber or timber products have been released, in writing, by the Commissioner, or said violations have been otherwise legally disposed of by written authority. The Commis sioner shall release the treated timber or timber products so withdrawn when the requirements of this Act have been complied with.

Section 9. Seizure and Condemnation. Any treated timber or timber products not in compliance with the provisions of this Act shall be subject to seizure on complaint of the Commissioner to the superior court of the county in which the treated timber or timber products are found. In the event the court finds said treated timber or timber products to be in violation of this Act and orders the condemnation of said treated timber or timber products, the treated timber or timber products shall be disposed of in any manner consistent with the quality of the treated timber or timber products, the interest of the parties and the laws of this State; provided, that in no instance shall the disposition of said treated timber or timber products be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said treated timber or timber products in such manner as to bring it into compliance with this Act.

Section 10. Suspension and Revocation of License. Whenever the Commissioner has knowledge that a licensee has violated the provisions of this Act, the Commissioner, after hearing, may suspend or revoke the license in order to protect the interest of the public. The licensee shall be notified in writing of the violation, of the date, time and location of the hearing, and of the revocation of his license.

Section 11. Exemption. The provisions of this Act shall not be construed so as to affect any farmer or other person treating timber or timber products for home or personal use.

WEDNESDAY, FEBRUARY 28, 1973

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Section 12. Prohibited Acts, (a) It shall be unlawful for any person, firm or corporation to treat, sell or offer for sale any timber or timber product pursuant to the requirements of this Act which is not in conformity with the standards adopted or approved by the Com missioner of Agriculture.

(b) It shall be unlawful for any person, firm or corporation to sell or offer for sale any treated timber or timber product which has not been clearly branded or marked as required by this Act.

Section 13. Punishment for Violation. Any person convicted of violating any provisions of this Act or the rules and regulations issued by the Commissioner pursuant to this Act shall be guilty of a misde meanor and, upon conviction, shall be punished as provided by law.

Section 14. Authority to Promulgate Rules and Regulations. For the enforcement of this Act the Commissioner is authorized, after due notice and public hearing, to promulgate and adopt rules and regulations pertaining to treated timber and timber products processed, sold or offered for sale in Georgia.

Section 15. Effective Date. This Act shall become effective on July 1, 1974.

Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Three amendments, offered by Messrs. Patten and Reaves of the 124th, were read and lost.

The Committee substitute was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Bailey Beckham Bennett Berlin

Berry Blackshear Bohannon Bond Bostick Brantley, H. H.

1584
Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, W. Dean, Gib Dent Dickey
Duke
Edwards
Egan
Elliott
Evans
Floyd, J. H.
Floyd, L. R.
Foster
Geisinger
Grahl
Grantham
Greer
Groover
Hamilton
Harden
Harrington
Harris, J. F.
Harris, J. R.
Harrison
Hays
Hill, B. L.
Hill, G.

JOURNAL OF THE HOUSE,

Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Nessmith
Nix
Noble
Northcutt
Odom

Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow
Stephens
Strickland
Thompson
Toles
Town send
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wood

Those voting in the negative were Messrs.:

Carlisle Fraser

Ritchie

Walker

WEDNESDAY, FEBRUARY 28, 1973

1585

Those not voting were Messrs.:

Buck Burton Daugherty Davis, E. T. Dean, J. E. Dean, N. Dixon Dollar
Dorminy

Ellis Ezzard Farrar Gignilliat Hawes Horton, G. T. Lee, W. S. Lewis

McCracken Murphy Peters Rainey Sweat Thomason Wilson, M. L. Mr. Speaker

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

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 255. By Messrs. Levitas of the 50th, Burruss of the 21st and others:
A Bill to be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for a short title; to define certain terms; to provide for the interpretation of this Act; to name an Ad ministrator; to provide for exemptions; to authorize the Administrator to bring an action in the name of the State to restrain prohibited acts; to provide for additional public relief; to allow the Attorney General to institute a class action; to provide for the powers of receiver; to pro vide for private actions; to limit damages where there is a bona fide error; to authorize the Administrator to accept assurances of volun tary compliance; to authorize the Administrator to conduct investiga tions; to authorize the Administrator to issue subpoenas, conduct hear ings and issue and promulgate rules and regulations; to provide for penalties, injunctions and other relief for failure to comply with investi gative demands of the Administrator and for punishment by contempt for any disobedience of any final order entered by any court; to provide for civil penalties; to impose certain additional duties on the solicitors of the State and Civil Courts and the district attorneys of

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the Superior Courts of this State; to provide a statute of limitations; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Act" of 1973.

Section 2. Definitions. As used in this Act:

(a) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording wherever situate.

(b) "Examination" of documentary material shall include the in spection, study, or copying of any such material, and the taking of testimony under oath or acknowledgement in respect of any such docu mentary material.

(c) "Trade" and "Commerce" mean the advertising, sale, lease, or distribution or offering thereof, of any services or any property, tangi ble or intangible, real, personal or mixed, or any other article, com modity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of the State.

(d) "Person" mean a natural person, corporation, trust, partner ship, incorporated or unincorporated association, or any other legal entity.

Section 3. Unlawful Acts and Practices, (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

(b) By way of illustration only and without limiting the scope of subsection (a), the following practices are hereby declared unlawful:

(1) Passing off goods or services as those of another;

(2) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) Causing likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;

(4) Using deceptive representations or designations of geo graphic origin in connection with goods or services;

WEDNESDAY, FEBRUARY 28, 1973

1587

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have, or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand;

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(8) Disparaging the goods, services, or business of another by false or misleading representation;

(9) Advertising goods or services with intent not to sell them as advertised;

(10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement dis closes a limitation of quantity;

(11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions;

(12) Representing that a replacement or repair is needed if it is not;

(13) Representing that a transaction involves or does not in volve a warranty, a disclaimer of warranties, particular warranty terms, or other rights, remedies, or obligations if the indication is false, misleading or incomplete;

(14) Failing to disclose to what extent a warranty limits the rights which otherwise exist at law or that the warranty may be exercised by sending the goods to a distant point at the purchaser's expense;

(15) Indicating that a rebate, discount, or other benefit will be given as an inducement for entering into a transaction in return for supplying names of prospective customers, if the receipt of the rebate, discount or other benefit is contingent on an event oc curring after the transaction;

(16) Selling goods which are defective for their intended use or without all essential components unless the seller has taken reasonable steps to assure that the goods are not defective or incomplete;

(17) Conspiring with another person or persons to set or fix prices of goods or services.

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Section 4. Interpretation, (a) The Administrator is hereby au thorized to adopt substantive rules that prohibit specific acts or prac tices in violation of Section 3. Such rules shall not conflict with the rules and regulations of the Federal Trade Commission interpreting Section 5(a) (1) of the Federal Trade Commission Act (15 U S C 45 (a) (1)), as from time to time amended.

(b) The Administrator, in promulgating rules and regulations pur suant to subsection (a) of this Section shall conform with the procedures set forth in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as from time to time amended.

Section 5. Administration (a) The Administrator shall be the At torney General of this State. The employees of the Administrator shall not belong to the classified service of the State Merit System.

(b) The Administrator shall refer all complaints or inquiries con cerning unlawful or suspected unlawful acts by a person or persons subject to the supervision or regulation of the Department of Agricul ture, Comptroller General, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, Examining Boards, or other appropriate agency or official of this State to that agency or official for initial investigation and corrective action other than litigation.

(c) Any official of this State receiving a complaint or inquiry as provided in subsection (b) above shall advise the Administrator of his action with respect to such complaint or inquiry.

(d) All officials and agencies of this State having responsibility under this Act are authorized and directed to consult and assist one another in maintaining compliance with this Act.

(e) At the instruction of the Administrator under this Act, the Secretary of State shall begin proceedings to revoke the professional license of any individual, firm or corporation licensed by him, who has been found by the Administrator to have been operating his business in a manner contrary to this Act.

Section 6. Exemptions, (a) The labor of a human being is not a commodity or article of commerce. Nothing contained in this Act shall be construed to forbid the existence and operation of labor, agricultural or horticultural organizations or associations and such organizations and associations and their activities shall be exempt from the provisions of this Act to the extent that such organizations are now exempt from the antitrust laws of the United States.

(b) Nothing contained in this Act shall be construed as repealing, limiting or otherwise affecting the existing powers of the various regulatory agencies of the United States or the State of Georgia except that all agencies of this State, in making determinations as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall consider the competitive aspects of the situation in light of the policies expressed by this Act. No person

WEDNESDAY, FEBRUARY 28, 1973

1589

shall be penalized or otherwise held liable under this Act for any act or action directed or authorized by a regulatory agency of the United States or State of Georgia in the proper exercise of its jurisdiction and control respecting such person.

(c) Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station in the publication or dissemination of an advertisement of or for another person, when the owner, agent or employee did not have knowledge of the false, mis leading or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service.

(d) No seller of any product or service who disseminates any ad vertisement or promotional material in this State shall be liable to suit under this Act if he receives the advertisement or promotional material from a manufacturer, packer, distributor or other seller from whom he has purchased the product or service unless he refuses upon the request of the Administrator to provide the name and address of the manufac turer, packer, distributor or other seller from whom he has purchased the product or service and said seller agrees to enter into an assurance of voluntary compliance as prescribed by this Act from disseminating thereafter said advertisement or promotional material, provided, how ever, that this exemption shall not apply should the manufacturer, packer, distributor or other seller in question not be subject to the jurisdiction of the courts of this State or should said person not be financially responsible and able to respond to the extent of the damages reasonably alleged.

Section 7. Restraining Prohibited Acts. Whenever the Adminis trator has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by Section 3 or by regulations made under Section 4 of this Act to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the State by filing a civil complaint against such person to restrain or enjoin the use of such method, act or practice. The com plaint must state generally the relief sought and be served in accordance with the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. G09), as amended, and at least three (3) days before the hear ing on any restraining order which may be sought. The action may be brought in the Superior Court having jurisdiction over the defendant by virtue of any provision of the Constitution or laws of the State of Georgia. The said courts are authorized to issue restraining orders or temporary or permanent injunctions or such other orders as are neces sary to restrain and prevent violations of this Act. Such injunctions or orders shall be issued without bond and notwithstanding the existence of adequate remedies at law. The court may make such additional orders or judgments as may be necessary to restore to any person in interest, any moneys or property, real or personal, which may have been acquired by means of any practice violating Section 3 or regula tions made under Section 4, including the appointment of a receiver.

Section 8. Class Actions by Administrator, (a) The Administrator may bring an action in a representative capacity to recover actual damages for any person injured by a violation of Section 3 or a regula-

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tion made under Section 4 of this Act. The court in which such action is brought shall determine on motion of the Administrator if a class action can be maintained prior to considering the merits of the action.

(b) Any person injured by a violation of Section 3 or a regula tion made under Section 4 may request in writing that the Admin istrator bring suit on behalf of all persons similarly situated. The Administrator shall respond to any such request within sixty days and if he declines to bring such action shall state his reasons. The decision of the Administrator is final.
Section 9. Powers of Receiver. When a receiver is appointed by the court pursuant to this Act, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any practice declared to be illegal and prohibited by this Act, including property with which such property has been mingled if it cannot be identified in kind because of such commingling and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful practices and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver may, in the discretion of the court, be authorized to dissolve the business and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceed ings and may make such orders and judgments therein as may be required.

Section 10. Private Actions, (a) Any person injured or damaged by a violation of Section 3 or of a regulation made under Section 4 of this Act may bring an action individually but not in a representative capacity under the rules of civil procedure to recover actual damages over $200, whichever is greater, in any court having jurisdiction over the Defendant; provided, however, that a person injured or damaged by a violation of this Act shall be entitled to recover no amount greater than the actual damages which he has suffered unless he has, prior to suit, made amicable demand upon the defendant to repay said actual damages and the said defendant has failed to make such repayment despite his having been given reasonable opportunity to do so. Such demand shall be in writing and shall be sent by certified or registered mail, return receipt requested addressed to the defendant at the loca tion where the transaction occurred such defendant's principal place of business within Georgia, or, if neither will effect actual notice, the of fice of the Secretary of the State of Georgia. If the period within which an action may be brought, as set forth in Section 18 of this Act, will expire within thirty (30) days following the date such demand is post marked, the period within which an action may be brought shall be extended forty-five (45) days. A claim under this Section may also be asserted as a defense, set-off, or counterclaim. Any court may, in its discretion, award up to three times the actual damages sustained as punitive damages and may provide such equitable and injunctive relief

WEDNESDAY, FEBRUARY 28, 1973

1591

as it deems necessary or proper, except that affirmative equitable relief may be granted only by a Superior Court having jurisdiction. Such equitable and injunctive relief may be granted notwithstanding the existence of adequate remedies at law.

(b) In any action in which a claim is raised under this Section the court shall, if it finds that a violation of Section 3 or of a regulation made uinder Section 4 has occurred, award to the person injured by the violation, in addition to the other relief provided in this Section, reason able attorneys' fees and expenses of litigation. If the court finds that a violation has not occurred, it may award attorney's fees to the de fendant if the court finds that the action was brought in bad faith or for purposes of harrassment. Fees shall be measured by the amount of time reasonably expended by the attorney and not by the amount of
the recovery.

(c) Any permanent injunction, judgment or order of the court made under Section 7 of this Act shall be prima facie evidence in an action under this Section for a violation of the same type occurring prior to the Section 7 injunction judgment or order that the defendant used or employed a method, act or practice declared unlawful by this Act. Likewise, a judgment for the defendant in a Section 7 action shall be prima facie evidence that no violation of this Act occurred under similar circumstances.

(d) No action for personal injury shall lie under the provisions of this Act nor damages therefor be awarded.

Section 11. Bona Fide Error. In any action in which damages are demanded under Section 10 of this Act, actual damages only shall be awarded if the defendant shows by a preponderance of the evidence that the challenged act or practice was the result of a bona fide error not withstanding the maintenance of procedures reasonably adopted to avoid such error and was not the result of negligence in the maintenance of such procedures. Bona fide errors shall be pleaded as an affirmative defense.

Section 12. Assurances of Voluntary Compliance. In the admin istration of this Act, the Administrator may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be violative of the Act from any person who has engaged or was about to engage in such method, act or practice. Any such assur ance shall be in writing and be filed with the Clerk of the Superior Court of the county in which the alleged violator resides or has his principal place of business, or the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an ad mission of violation for any purpose. Matters thus processed may at any time be reopened by the Administrator for further proceedings in the public interest, pursuant to Section 7.

Section 13. Investigation, (a) When it appears to the Admin istrator that a person has engaged in, is engaging in or is about to en gage in any act or practice declared to be unlawful by this Act, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging

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in, or is about to engage in any act or practice declared to be unlawful by this Act, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish under oath or otherwise, a report in writing setting forth the relevant facts and cir cumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examina tion, at such reasonable time and place as may be stated in the in vestigative demand concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.

(b) If matter that the Administrator subpoenas is located outside this State, the person subpoenaed may either make it available to the Administrator at a convenient location within the State or pay the reasonable and necessary expenses for the Administrator or his repre sentative to examine the matter at the place where it is located. The Administrator may designate representatives, including officials of the state in which the matter is located to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.

(c) At any time before the return date specified in an investigation demand or within twenty (20) days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the Superior Court of Fulton County.

(d) No investigative demand under this Section may be made until the Administrator has notified the suspected violator in writing by cer tified mail, in person, or as otherwise permitted by law, of the nature, scope and purpose of the investigation. The suspected violator shall be furnished with a list of the names of all witnesses who are to be con tacted in such investigation. Such notice and list shall be furnished at least 10 days prior to such investigative demand or contact.

Section 14. Subpoenas, Hearings, Rules and Regulations. To ac complish the objectives and to carry out the duties prescribed by this Act, the Administrator, in addition to other powers conferred upon him by this Act, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such rules and regula tions as may be necessary, which rules and regulations shall have the force of law; provided that none of the powers conferred by this Act shall be used for the purpose of compelling any natural person to furnish testimony or evidence which might tend to incriminate him; and pro vided further that information obtained pursuant to the powers con ferred by this Act shall not be made public or disclosed by the Ad ministrator or his employees beyond the extent necessary for law en forcement purposes in the public interest.
Section 15. Enforcement of Investigative Demands. If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the Administrator, the Administrator may, after notice, apply to the Superior Court and, after hearing there-

WEDNESDAY, FEBRUARY 28, 1973

1593

on, request an order compelling compliance with such subpoena or inves tigative demand and such other relief as may be required until the per son files the statement or report or obeys the subpoena or investigative demand. Upon failure to comply with an order entered pursuant to this Section, the suspected violator shall be found in contempt thereof.

Section 16. Penalties (a) Any person who violates the terms of an injunction issued under Section 7 of this Act shall forfeit and pay to the State a civil penalty of not more than twenty-five thousand ($25,000) dollars per violation. For the purposes of this Section, the Superior Court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Administrator acting in the name of the State may petition for recovery of civil penalties.

(b) In any action brought under Section 7 of this Act, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by Section 3 or a regulation made under Section 4 of this Act, the Administrator upon petition to the court may recover, on behalf of the State, a civil penalty of not exceed ing two thousand ($2,000) dollars per violation.

(c) For purposes of this Section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 3(b) or a regulation made under Sec tion 4 of this Act.

Section 17. Duties of Solicitors of the State and Civil Courts and District Attorneys of the Superior Courts. It shall be the duty of the solicitors of the State and Civil Courts and the district attorneys of the Superior Court of this State to lend to the Administrator such as sistance as the Administrator may request in the commencement and prosecution of specific actions pursuant to this Act.

Section 18. Statute of Limitations, (a) Any action to enforce a claim for damages under this Act shall be forever barred unless com menced within two years after the claim accrues. The fraudulent con cealment or reasonable failure to discover the existence of any violation shall toll the period of limitation hereunder.
(b) Whenever any proceeding under Sections 7 and 8 of this Act is instituted by the State of Georgia, the running of the foregoing statute of limitations in respect of every private right of action under Section 3 of this Act based in whole or in part on any matter complained of in said State proceeding shall be tolled during the pendency thereof and for one year thereafter.

Section 19. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, 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 Act if it

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had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional.

Section 20. Provisions Not Exclusive and Repealer. The provisions of this Act are cumulative with other laws and are not exclusive. The rights or remedies provided for herein shall be in addition to any other procedures, rights, remedies or duties provided for in any other law or in decisions of the courts of this State dealing with the subject matter. All other laws or parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:

Mr. Cole of the 6th moves to amend the Committee substitute to HB 255 by adding:
Section 21. This Act shall become effective April 1, 1974.

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, J. H. Adams, John Alien Beckham Berry Bohannon
Brantley, H. L. Bray Carr Cole Coleman
Collins, M. Collins, S. Colwell Connell Davis, E. T. Dean, N.
Dollar Dorminy Ellis Farrar Foster Fraser Geisinger Grahl
Grantham
Harrington

Harris, J. F. Hill, G. Howard Howell Hudson Irvin, R.
Jessup Jordan Keyton King Lane, W. J.
Larsen, W. W. Marcus Mauldin McDaniell McDonald Miles
Milford Moyer Mulherin Mullinax Murphy Nessmith Northcutt Oxford
Patten, G. C.

Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston
Rainey Reaves Ritchie Rush Russell, W. D.
Sams Sweat Toles Twiggs Waddle Walker
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

WEDNESDAY, FEBRUARY 28, 1973

1595

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berlin Blackshear Bond
Brantley, H. H. Brown, B. D.
Brown, C. Brown, S. P. Burruss
Burton Busbee
Carlisle Castleberry
Chance
Clark
Coney Daugherty
Davis, W. Dean, Gib
Dickey
Dixon Duke

Edwards Egan Elliott Evans Floyd, J. H. Floyd, L. R. Greer Groover Hamilton Harden
Harris, J. R.
Hawes Hays Hill, B. L.
Horton, G. T. Horton, W. L.
Johnson
Jones Knight
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S. Levitas
Lewis Logan

Lowrey Mason Matthews, C. Matthews, D. R. McKinney Morgan Nix Noble Odom Petro Phillips, G. S.
Roach Rogers
Ross Russell, J.
Savage Shanahan
Smith, J. R. Smith, V. B.
Snow Stephens
Strickland
Thompson
Triplett Tucker Vaughn Wall

Those not voting were Messrs.:

Bostick Buck Carrell Dean, J. E. Dent Ezzard

Gignilliat Harrison Hutchinson Irvin, J. Irwin, J. R. McCracken

Thomason Townsend Turner Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 79, nays 83.

The amendment was lost.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.

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An amendment, offered by Mr. McDonald of the 12th, was read and with drawn by unanimous consent.

The following amendment was read:

Mr. Pearce of the 87th moves to amend the Committee substitute to HB 255 by striking the words "using, has used, or is about to use any method, act or"
on Line 17, page 7 and substituting in lieu thereof the following:
"willfully using, has willfully used, or is about to willfully use any method, act or".

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, J. H. Adams, John Adams, Marvin Beckham Bennett Berry Bohannon Brantley, H. L. Bray Carr Cole Coleman Colwell Connell Davis, E. T. Dean, N. Dollar Dorminy Floyd, J. H.

Foster Fraser Geisinger Harrington Harris, J. F. Harrison Irvin, J. Jessup King Lane, Dick Lane, W. J. Larsen, W. W. Lowrey Mauldin McDaniell McDonald Miles Milford Moyer Mulherin

Mullinax Murphy Nessmith Pearce Peters Rainey Rush Sams Smith, J. R. Smith, V. B. Sweat Toles Twiggs Waddle Walker Ware Whitmire Williams Willis Wilson, M. L.

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Blackshear

Bond Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle

Castleberry Chance Clark Collins, S. Coney Daugherty Davis, W.

WEDNESDAY, FEBRUARY 28, 1973

1597

Dean, Gib Dickey Dixon Duke Edwards Egan Elliott Evans Farrar Floyd, L. R. Grahl Grantham Greer Groover Hamilton Harden Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson

Johnson Jones Jordan Knight Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. McKinney Morgan Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson

Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Savage Shanahan Snow Stephens Strickland Thompson Triplett Tucker Turner Vaughn Wall Wamble Wheeler, Bobby Wilson, J. M. Wood

Those not voting were Messrs.:

Bostick Brantley, H. H. Buck Burruss Carrell Collins, M. Dean, J. E.

Dent Ellis Ezzard Gignilliat Howell Irvin, R. Irwin, J. R.

Keyton McCracken Phillips, L. L. Thomason Townsend Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 60, nays 98.

The amendment was lost.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.
The following amendment was read:

Mr. Brantley of the 92nd moves to amend the Committee substitute to HB 255 by amending Section 3, line 24, page 2 by inserting the words "willful practice of", before the word "unfair" at the beginning of the sentence.

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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., Jr. Adams, J. H. Adams, John Adams, Marvin Bailey Beckham Bennett Berry Bohannon Bostick Brantley, H. L. Bray Carr Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Dorminy Farrar Floyd, J. H. Foster Fraser Geisinger

Grantham Harrington Harris, J. F. Harrison Howard Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Keyton King Lane, W. J. Larsen, W. W. Logan Matthews, C. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin

Mullinax Murphy Nessmith Northcutt Patter son Pearce Peters Phillips, L. L. Rainey Reaves Rush Sams Smith, J. R. Smith, V. B. Sweat Toles Turner Twiggs Waddle Walker Ware Wheeler, Bobby Whitmire Williams Willis Wilson, M. L.

Those voting in the negative were Messrs.

Alexander, W. H. Alexander, W. M. Alien Atherton Berlin Blackshear Bond Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Castleberry Chance Clark Coney Daugherty Davis, W.

Dean, Gib Dean, N. Dickey Dixon Dollar Duke Edwards Egan Elliott Evans Floyd, L. R. Grahl Greer Groover Hamilton Harden Harris, J. R. Hawes Hays

Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Jones Jordan Knight Lambert Lane, Dick Larsen, G. K. Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, D. R. McKinney Noble

WEDNESDAY, FEBRUARY 28, 1973

1599

Odom Oxford Patten, G. C. Patten, R. L. Petro Phillips, G. S. Ritchie Roach

Rogers Ross Russell, J. Russell, W. D. Savage Shanahan Snow Stephens

Strickland Thompson Triplett Tucker Vaughn Wall Wamble Wood

Those not voting were Messrs.:

Brantley, H. H. Buck Burruss Carrell Dean, J. E. Dent Ellis

Ezzard Gignilliat Irvin, J. Kreeger Lee, W. J. (Bill) McCracken Nix

Pinkston Thomason Townsend Wheeler, J. A. Wilson, J. M. Mr. Speaker

On the adoption of the amendment, the ayes were 78, nays 81.

The amendment was lost.

The following amendment was read:

Mr. McDaniell of the 20th moves to amend the Committee substitute to HB 255 as follows:

By striking the words "up to three times" in line 9, page 10 and striking on line 10, page 10 the following words: "punitive damages and".

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, J. H. Adams, John Adams, Marvin Bailey Beckham Bennett Berry Bohannon

Brantley, H. L. Bray Burruss Carr Cole Coleman Colwell Connell

Davis, E. T. Dollar Dorminy Duke Farrar Floyd, J. H. Foster Geisinger

1600
Harrington Harris, J. F. Harrison Hill, G. Howard Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson King Kreeger Lane, W. J. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Mauldin McDaniell McDonald Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Oxford Pearce Rainey Reaves

Sams Smith, J. R. Smith, V. B. Sweat Toles Turner Twiggs Waddle Walker Ware Wheeler, Bobby Whitmire Williams Willis Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, G. D., Jr. Alexander, W. H. Alexander, W. M. Alien Atherton Berlin Blackshear Bond Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Castleberry Chance Clark Collins, S. Coney Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Edwards Egan Ellis Evans

Floyd, L. R. Fraser Grahl Grantham Greer Groover Hamilton Harden Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Jones Jordan Knight Lambert Lane, Dick Larsen, G. K. Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R.

McKinney Morgan Noble Odom Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Pinkston Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Savage Shanahan Snow Stephens Strickland Thompson Triplett Tucker Vaughn Wall Wamble Wheeler, J. A. Wood

WEDNESDAY, FEBRUARY 28, 1973

1601

Those not voting were Messrs.:

Bostick Brantley, H. H. Buck Carrell Collins, M. Dent Elliott

Ezzard Gignilliat Irvin, J. Keyton Larsen, W. W. McCracken Petro

Phillips, L. L. Rush Thomason Townsend Wilson, J. M. Mr. Speaker

On the adoption of the amendment, the ayes were 71, nays 88.

The amendment was lost.

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.

The following amendments were read and adopted:

Mr. Bohannon of the 64th moves to amend the Committee substitute to HB 255 by deleting the words "or services" on page 4, line 24.
Mr. Levitas of the 50th moves to amend the Committee substitute to HB 255 as follows:
By striking subsection (c) of Section 10 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows:
" (c) Any permanent injunction, judgment or order of the Court made under Section 7 of this Act shall be prima facie evidence in an action under this section for a violation of the same type occur ring prior to the Section 7 injunction, judgment or order that the defendant used or employed a method, act or practice declared un lawful by this Act, except that the Administrator may agree in any case that any such injunction, order or judgment entered by consent shall not be prima facie evidence and said injunction, order or judg ment shall so state. In such cases, such injunction, order or judgment shall not have the effect of prima facie evidence and shall not be admissible as evidence or exhibit in any subsequent action by any person or public official other than an action by the Administrator for subsequent breach of the terms of said injunction, order or judg ment. A judgment for the defendant in a Section 7 action shall be prima facie evidence that no violation of this Act occurred under similar circumstances."

1602

JOURNAL OF THE HOUSE,

Mr. Levitas of the 50th moves to amend the Committee substitute to HB 255 as follows:

By amending subsection (b) of Section 6 to read as follows:

"(b) Nothing contained in this Act shall be construed as repeal ing, limiting or otherwise affecting the existing powers of the vari ous regulatory agencies of the United States or the State of Georgia except that all agencies of this State, in making determinations as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall consider the situation in light of the policies expressed by this Act. No person shall be penalized or otherwise held liable under this Act for any act or action directed or authorized by a regulatory agency of the United States of the State of Georgia in the proper exercise of its jurisdiction and control respecting such person. The Administrator shall not be authorized to exercise any of the powers herein granted against a person regulated by the Public Service Commission, the Comptroller General, or the Department of Banking and Finance of the State of Georgia, or by any regulatory agency of the United States for any acts or actions regulated by such agency or depart ment except for the receipt of complaints, the referral of complaints to appropriate agencies or departments and the receiving of reports thereon unless such agency or department certifies to the Admin istrator that the exercise of such powers against such persons would be in the public interest."

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. Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Blackshear Bohannon Bond Brown, B. D. Brown, C. Brown, S. P.

Burrus Burton Busbee Carlisle Castleberry Chance Clark Coney Davis, W. Dean, Gib Dickey Dixon

Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Gignilliat Greer Groover Hamilton Harden

WEDNESDAY, FEBRUARY 28, 1973

1603

Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Irvin, J. Irvin, R. Johnson Jones Jordan Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.

Levitas Lewis Lowrey Marcus Matthews, D. R. Mauldin McDaniell McKinney Morgan Moyer Nix Odom Oxford Patterson Phillips, G. S. Pinkston Roach Rogers

Ross Russell, W. D. Savage Shanahan Shepherd Snow Stephens Strickland Thompson Triplett Tucker Vaughn Waddle Wall Wamble Wilson, J. M. Wood

Those voting in the negative were Messrs. :

Adams, J. H. Adams, John Adams, Marvin Alien Beckham Bennett Berry Bostick Brantley, H. L. Bray Carr Carrell Cole Coleman Collins, M. Collins, S. Connell Davis, E. T. Dean, N. Dollar Dorminy Floyd, J. H. Foster Fraser Geisinger Grahl

Grantham Harrington Harris, J. F. Harrison Hill, G. Howell Hudson Hutchinson Irwin, J. R. Jessup Keyton King Lambert Lane, W. J. Larsen, W. W. Logan Mason Matthews, C. McDonald Miles Mulherin Mullinax Murphy Nessmith Noble Northcutt

Patten, G. C. Patten, R. L. Pearce Peters Phillips, L. L. Rainey Reaves Ritchie Rush Russell, J. Sams Smith, J. R. Smith, V. B. Sweat Toles Turner Twiggs Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L.

Those not voting were Messrs. :

Brantley, H. H. Buck Colwell Daugherty Dean, J. E.

Dent Elliott Ezzard McCracken Milford

Petro Thomason Towsend Mr. Speaker

1604

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 89, nays 77.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Levitas of the 50th 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 255, by substitute, as amended.

The Speaker announced the House recessed until 2:00 o'clock, P. M.

AFTERNOON SESSION The House was called to order by the Speaker.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 218. By Messrs. Snow and Hays of the 1st and Floyd of the 5th:
A Bill to amend an Act creating the Bade County Water Authority, so as to change the provisions relative to the appointment and terms of office of members of the authority; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 218 as follows:
By striking from Section 2, beginning on line 19 of page 2, the following:
"One member appointed shall be a resident of the City of Tren ton, Georgia. One member apponted shall be a resident of the Look out Mountain area and one member shall be a resident of the Sand Mountain areas.",
and inserting in lieu thereof the following:
"One member appointed shall be a resident of Militia District 960. One member appointed shall be a resident of either Militia Dis trict 1889 or 1214, and one member shall be a resident of either Militia District 1885 or 1222."

WEDNESDAY, FEBRUARY 28, 1973

1605

By striking from Section 3 on line 2 of page 4 the following: "June",

and inserting in lieu thereof the following: "March".

Mr. Snow of the 1st moved that the House agree to the Senate amendment to HB 218.
On the motion, the ayes were 105, nays 0.
The motion prevailed and the Senate amendment to HB 218 was agreed to.
The following Resolution of the House was read and adopted:
HR 269. By Messrs. Carrell of the 71st, Smith of the 91st, Wamble of the 120th and many others: A RESOLUTION
Congratulating Honorable Ward Edwards on the occasion of his 43rd birthday; and for other purposes.
WHEREAS, on February 28, 1930, in the small town of Howard, Georgia, Mr. and Mrs. Julian Edwards became the proud parents of a baby boy, Ward Edwards; and
WHEREAS, on that fateful occasion it is rumored that the Hon orable Mr. Edwards abandoned the traditional "birthday suit" and came into this world nattily attired in a bright sport coat and snazzy trous ers; and
WHEREAS, this distinguished gentleman is variously known to the members of this body as "The Miracle Whip", "The Chuckly Undertak er", "The Quail Man", "Mr. Standard Time", "The Clothes Horse from Hong Kong", and the "King of Commendation"; and
WHEREAS, the distinguished Representative from the 95th Dis trict, who has served this House as Majority Whip, presently serves as member of the Education and Rules Committees, and is Secretary of the Interstate Cooperation Committee; and
WHEREAS, it is only fitting and proper that he be recognized on this auspicious occasion.

1606

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby rec ognize the Honorable Ward Edwards, and do hereby commend him on the occasion of his 43 rd 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.

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 424. By Messrs. Miles of the 79th, Dent of the 78th, Connell of the 80th and others: A Bill to be entitled an Act to amend Code Section 68-205, relating to the registration of motor vehicles and the applications therefor, as amended, so as to remove 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. Adams, J. H. Adams, John Alexander, W. M. Alien Bailey Beckham
Bennett Berlin Blackshear
Bohannon Bond
Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burton Busbee

Carlisle Carr Castleberry Chance Clark Cole Collins, M.
Collins, S. Colwell Coney
Connell Daugherty
Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy

Duke Edwards Ellis Evans Farrar Floyd, J. H. Floyd, L. R.
Foster Fraser Gignilliat
Grahl Grantham
Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R.

WEDNESDAY, FEBRUARY 28, 1973

1607

Harrison Hawes Hays Hill, B. L. Hill, G. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lowrey Mason Matthews, C. Mauldin

McDaniell McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross

Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those not voting were Messrs. :

Adams, Marvin Alexander, W. H. Atberton Berry Bostick Brown, B. D. Buck Burruss Carrell Coleman Davis, E. T. Dean, Gib Dean, J. E. Egan Elliott

Ezzard Geisinger Horton, G. T. Horton, W. L. King Kreeger Lambert Larsen, G. K. Larsen, W. W. Levitas Lewis Logan Marcus Matthews, D. R. McCracken

McDonald Mullinax Noble Pearce Petro Rush Thomason Thompson Wamble Ware Wheeler, Bobby Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 0.

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

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.

1608

JOURNAL OF THE HOUSE,

HB 630. By Messrs. Adams of the 36th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to make certain changes therein in relation to the office of Highway Safety; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Ellis Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton

Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Patten, R. L. Rainey Reaves Ritchie Roach Rogers

WEDNESDAY, FEBRUARY 28, 1973

1609

Ross Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens

Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle

Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bennett Berlin Bostick Brown, B. D. Coney Dean, J. E. Egan Evans Ezzard Farrar Geisinger

Grahl Hill, B. L. Hill, G. Howell Irwin, J. R. King Knight Lane, Dick Larsen, G. K. Levitas Lewis Matthews, D. R.

McCracken Mullinax Peters Petro Pinkston Rush Shepherd Strickland Thomason Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 0.

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

HB 247. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to amend the "Uniform Act Regulating Traffic on Highways," as amended, so as to change certain of the provisions relating to the ad ministration of chemical tests used to determine the alcoholic and drug content of blood; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John

Adams, Marvin Alexander, W. M. Alien

Bailey Beckham Berry

1610
Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman Colling, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy
Duke
Edwards
Egan
Elliott
Evans
Ezzard
Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Geisinger
Grahl
Grantham
Greer

JOURNAL OF THE HOUSE,

Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, W. L. Howard Howell Hudson Hutchinson Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDonald
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith

Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, L. L. Pinkston Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Townsend
Turner
Vaughn
Waddle
Walker
Wall
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Berlin Blackshear Bond

Clark Daugherty Hill, B. L. Irvin, J.

McKinney Ross Tucker

WEDNESDAY, FEBRUARY 28, 1973

1611

Those not voting were Messrs.:

Atherton Bennett Brantley, H. H. Brown, B. D. Buck Collins, M. Dean, J. E. Ellis Gignilliat Hawes

Hill, G. Horton, G. T. Irvin, R. Irwin, J. R. Larsen, G. K. Levitas Lewis McCracken McDaniell Peters

Petro Phillips, G. S. Rainey Reaves Thomason Thompson Triplett Twiggs Wamble Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 11.

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

HB 418. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend an Act providing for the confisca tion and condemnation of certain vehicles and conveyances used in illegal trafficking of certain drugs; and for other purposes.

The following substitute, offered by Messrs. Williams, Whitmire and Wood of the 9th, was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for the confisca tion of certain vehicles and conveyances used in illegal trafficking of certain drugs, approved February 15, 1952 (Ga. Laws 1952, p. 201), so as to provide that certain vehicles which are condemned for such illegal use may be ordered by the court to be placed under the supervision and control of certain law enforcement officers or agencies, under such terms and conditions as the court may provide in its order; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the confiscation and condemnation of certain vehicles and conveyances used in illegal trafficking of certain drugs, approved February 15, 1952 (Ga. Laws 1952, p. 201), is hereby amended by striking in its entirety the first paragraph of Section 1 and substituting in lieu thereof the following:
"Section 1. All vehicles and conveyances of every kind and description in this State, all boats and vessels of every kind and description in any of the waters of this State, and all vehicles for

1612

JOURNAL OF THE HOUSE,

air transportation which are used in conveying, removing, conceal ing or storing any narcotic drugs, the transportation, possession or storing of which is in violation of the Uniform Narcotic Drug Act (Code Chapter 79A-8), all conveyances being used to transport, carry or hold a depressant or stimulant drug with respect to which a prohibited act within the meaning of Code Section 79A-904 has occurred, and all conveyances being used to transport, carry or hold a counterfeit drug in violation of Code Section 79A-907(b) are hereby declared to be contraband, and no corporation, firm or indi vidual shall have any property right in or to the same, and such shall be seized and condemned by any sheriff or other arresting officer who shall report the same within ten days after said seizure to the district attorney or solicitor of the court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from the time he receives said notice to institute condemnation proceedings in said court by petition, a copy of which shall be served on the owner or lessee, if known, and if the owner or lessee is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense shall be filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said vehicle, conveyance, boat or vessel, while so used with the knowledge of the owner or lessee, the same shall be sold by order of the court after such advertisement as the court may direct or disposition thereof made in accordance with Section 1A of this Act. Proceeds arising from said sale shall be applied as follows:".

Section 2. Said Act is further amended by inserting following Section 1 a new Section, to be known as Section 1A, to read as follows:

"Section 1A. If, upon the trial of the case as herein provided, it shall appear that any such vehicle was so used with the knowl edge of the owner or lessee, the court may order that such vehicle be condemned and order such vehicle to be placed under the super vision and control of the State Division of Investigation or the sheriff or chief of police of the political subdivsion, within which the vehicle was seized for its use in combating illegal drug traffic, under such terms and conditions as the court may provide in its order."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 112, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, FEBRUARY 28, 1973

1613

HB 693. By Messrs. Greer of the 43rd and Wamble of the 120th:
A Bill to be entitled an Act to amend the Current Income Tax Payment Act of 1960, as amended, so as to change the date for making quarterly returns; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 870. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to amend an Act known as the Georgia Scenic Trails Act, so as to authorize and direct the Georgia Department of Transportation to construct bicycle trails in this State; and for other purposes.

The following amendments were read and adopted:
Mr. Groover of the 75th moves to amend HB 870 by adding at the end of Section 1,
"provided, however, the power of eminent domain shall not be exercised for the acquisition or construction of such trails.".
Mr. Murphy of the 18th moves to amend HB 870 by striking the words
"and directed"
in line 12 of Section 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 roll call was ordered and the vote was as follows:

1614

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Bailey Beckham Berlin Bond Bostick Brown, B. D. Brown, S. P.
Burton Busbee Carlisle Carr Carrell Chance Coleman Collins, M. Collins, S. Connell Daugherty Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar

Floyd, L. R. Gei singer Gignilliat Greer Groover Hamilton Harden Harris, J. R. Hawes Hays Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.
Lewis Logan Marcus Matthews, C. Matthews, D. R. McDonald Miles

Morgan Moyer Mulherin Murphy Nix Noble Odom Oxford Patten, G. C. Pearce Phillips, L. L. Pinkston Reaves Roach Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Townsend Tucker Vaughn Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, John Berry Bohannon Bray Buck Clark Cole
Colwell
Davis, E. T.
Foster
Fraser
Grantham
Harris, J. F.

Howard Irvin, J. King Lane, W. J. Lowrey Mauldin Milford
Nessmith
Patten, R. L.
Patterson
Phillips, G. S.
Ritchie

Rogers Ross Rush Thompson Toles Triplett Turner
Twiggs
Wall
Whitmire
Williams
Wood

WEDNESDAY, FEBRUARY 28, 1973

1615

Those not voting were Messrs.:

Alexander, W. M. Alien Atherton Bennett Blackshear Brantley, H. H. Brantley, H. L. Brown, C. Burruss Castleberry Coney Davis, W. Dean, Gib

Dean, J. E. Floyd, J. H. Grahl Harrington Harrison Hill, B. L. Hill, G. Howell Irwin, J. R. Levitas Mason McCracken McDaniell

McKinney Mullinax Northcutt Peters Petro Rainey Smith, J. R. Thomason Ware Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 106, nays 37.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 617. By Messrs. Howard of the 19th, McDaniell and Nix of the 20th and others: A Bill to be entitled an Act to establish standards to determine what materials are harmful to minors; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Berlin Berry Bohannon Bostick

Brantley, H. H. Brantley, H. L, Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell

Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T.

1616
Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J.

JOURNAL OF THE HOUSE,

Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters

Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Beckham Bennett Blackshear Bond Brown, B. D. Dean, J. E. Ezzard

Hill, B. L. Irvin, R. King Levitas McCracken McKinney Morgan Northcutt

Petro Reaves Smith, J. R. Thomason Townsend Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0.

WEDNESDAY, FEBRUARY 28, 1973

1617

The Bill, having received the requisite constitutional majority, was passed.

HB 679. By Mr. Connell of the 80th:
A Bill to be entitled an Act to amend an Act providing that each county shall require the issuance of certain permits relative to the location or relocation of certain mobile homes; and for other purposes.

The report 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 4.

The Bill, having received the requisite constitutional majority, was passed.

HB 466. By Messrs. Morgan of the 70th, Lambert of the 97th, Smith of the 74th and others:
A Bill to be entitled an Act to make it unlawful to alter the suspension system of any private passenger motor vehicle; and for other purposes.

The following amendment was read and adopted:
Mr. Morgan of the 70th moves to amend HB 466 by deleting the period after the word "vehicle" on line 9 and inserting in lieu thereof a comma and the following words:
"which may be operated on any public street or highway".

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, J. H. Adams, John Adams, Marvin Alexander, W. M.

Alien Atherton Bailey Beckham Bennett

Berlin Berry Bohannon Bostick Brantley, H. L.

1618
Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Bean, N. Dent Dickey Dixon
Dollar
Duke Edwards
Egan
Elliott
Ellis
Evans Ezzard
Parrar
Floyd, J. H. Floyd, L. R.
Geisinger Gignilliat
Grantham
Groover
Hamilton
Harden
Harrintgon
Harris, J. F. Harris, J. R.

JOURNAL OF THE HOUSE,

Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy

Nessmith Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens
Strickland
Sweat
Toles
Townsend
Triplett
Tucker
Twiggs
Vaughn
Waddle
Walker
Wall
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Cole

Foster Hill, B. L.

Russell, J. Turner

WEDNESDAY, FEBRUARY 28, 1973

1619

Those not voting were Messrs.:

Blackshear Bond Brantley, H. H. Buck Clark Colwell Dean, J. E. Dorminy

Fraser Grahl Greer Howell Knight McCracken Nix Northcutt

Peters Petro Phillips, G. S. Ritchie Thomason Thompson Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 150, nays 6.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 439. By Mr. Atherton of the 19th:
A Bill to provide for the establishment of minimum standards for budgeting, financial reporting and auditing for counties and municipali ties of this state; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 439 by striking the word "commissioner" on line 26, page 2, and inserting in lieu thereof the words "Director of Planning and Budget".

The following amendment was read and adopted:
Mr. Murphy of the 18th moves to amend HB 439 by striking from line 17 and line 18 the following words:
"include, but not".

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:

1620

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Blackshear Bond Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Clark Coney Connell Daugherty Davis, W. Dean, Gib
Dickey
Dixon
Dollar
Duke

Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Geisinger Hamilton Harris, J. F. Harris, J. R. Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hutchinson Irvin, R. Johnson Keyton
Knight
Kreeger
Lambert

Lane, Dick Lee, W. J. (Bill) Lee, W. S. Logan Marcus Mason Matthews, C. McKinney Murphy Nix Odom Oxford Pinkston Reaves Russell, J. Russell, W. D. Smith, V. B. Snow Sweat Tucker Vaughn
Walker
Wall
Wilson, J. M.

Those voting in the negative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Alien Beckham Berry Bohannon Carlisle Carr Carrell Castleberry Chance Coleman Collins, M. Colwell Davis, E. T. Dent Dorminy Edwards Foster

Fraser Grantham Groover Hudson Jessup King Larsen, W. W. Lowrey Mauldin McDonald Miles Milford Mulherin Nessmith Patten, G. C. Patten, R. L. Patterson Pearce Peters Rainey

Ritchie Roach Rogers Ross Rush Sams Savage Shanahan Smith, J. R. Stephens Thompson Toles Triplett Turner Wheeler, Bobby Williams Willis Wilson, M. L. Wood

WEDNESDAY, FEBRUARY 28, 1973

1621

Those not voting were Messrs.:

Bennett Bostick Brantley, H. H. Brantley, H. L. Busbee Cole Collins, S. Dean, J. E. Dean, N. Floyd, J. H. Gignilliat Grahl Greer Harden Harrington Harrison

Hays Howell Irvin, J. Irwin, J. R. Jones Jordan Lane, W. J. Larsen, G. K. Levitas Lewis Matthews, D. R. McCracken McDaniell Morgan Moyer Mullinax

Noble Northcutt Petro Phillips, G. S. Phillips, L. L. Strickland Thomason Townsend Twiggs Waddle Wamble Ware Wheeler, J. A. Whitmire Mr. Speaker

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.

On the passage of the Bill, as amended, the ayes were 73, nays 59.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Atherton 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 439, as amended.

HB 171. By Messrs. Buck of the 87th and Ware of the 65th:
A Bill to be entitled an Act to authorize the governing authority in each county to require the recording and posting of hotel and motel rate schedules; and for other purposes.

The following Committee substitute was read and withdrawn by unanimous consent:
A BILL
To be entitled an Act to authorize the governing authority in each county of this State to require the filing of hotel and motel rate schedules with the clerk of the superior court of the county wherein the hotel or motel is located; to provide the procedures connected therewith;

1622

JOURNAL OF THE HOUSE,

to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of each county in this State shall be authorized to require the filing of rate schedules for any room or rooms, lodges or accommodations furnished by any hotel, motel or public lodging establishment which are regularly furnished for a con sideration with the clerk of the superior court of the county wherein the hotel, motel or public lodging establishment is located. For these purposes, the clerk of the superior court shall keep a public lodging index, and such index shall be a matter of public record.
Section 2. (a) The rates of the rooms or apartments must conincide with those on iile with the clerk of the superior court of the county in the public accommodations index. No rate shall be increased by more than twenty-five percent (25%) of the average room rate for a 30-day period immediately preceding the time during which any major convention or major sporting event is scheduled.
(b) By way of illustration and not of limitation, the following events are hereby declared to be major sporting events or major con ventions: professional football, basketball, baseball, soccer and hockey games, professional golf tournaments or conventions of three or more days at the World Congress Center or Jekyll Island.
Section 3. For the purposes of this Act, a hotel, motel, or public lodging establishment shall be defined as any premises divided into rooms or apartments designed to serve either permanent or transient guests for daily, weekly or monthly occupancy, in which all or a sub stantial part of the furnishings are supplied by the owner. The provi sions of this Act shall not apply to owner-occupied buildings having fewer than three (3) units, nor to duplexes or apartments rented on a bimonthly or monthly basis.
Section 4. It shall be a misdemeanor to charge more than the rates filed with the clerk of the superior court of the county and, upon con viction, shall be punished by a fine of not less than two hundred and fifty dollars ($250.00) or more than five hundred dollars ($500.00).
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 substitute, offered by Messrs. Buck of the 87th and Ware of the 65th was read and adopted:
A BILL
To be entitled an Act to authorize the governing authority in all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of

WEDNESDAY, FEBRUARY 28, 1973

1623

1970 or any future such census, to require the filing of hotel and motel rate schedules with the clerks of the superior courts of the counties wherein the hotels or motels are located; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970 or any future such census:

(a) The governing authority of such counties shall be authorized to require the annual filing of rate schedules for any room or rooms, lodgings or accommodations furnished by any hotel, motel or public lodging establishment which are regularly furnished for a consideration with the clerk of the superior court of the county wherein the hotel, motel or public lodging establishment is located. For these purposes, the clerk of the superior court shall keep a public lodging index, and such index shall be a matter of public record.

(b) The rates of the rooms or apartments must coincide with those on file with the clerk of the superior court of the county in the public accommodations index. No rate shall be increased by more than twentyfive percent (25%) of the average room rate for a 30-day period im mediately preceding the time during which any major professional golf tournamment is scheduled.

(c) For the purposes of this Act, a hotel, motel, or public lodging establishment shall be defined as any premises divided into rooms or apartments designed to serve either permanent or transient guests for daily, weekly or monthly occupancy, in which all or a substantial part of the furnishings are supplied by the owner. The provisions of this Act shall not apply to owner-occupied buildings having fewer than three (3) units, nor to duplexes or apartments rented on a bimonthly or monthly basis.

(d) It shall be a misdemeanor to charge more than the rates filed with the clerk of the superior court of the county and, upon conviction, shall be punished by a fine of not less than two hundred and fifty dollars ($250.00) or more than five hundred dollars ($500.00).

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, by substitute.

1624

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Bailey Bennett Berry Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster

Fraser Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larson, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald McKinney Miles Milford Morgan Moyer

Mulherin Mullinax Murphy Nessmith Nix Noble Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

WEDNESDAY, FEBRUARY 28, 1973

1625

Those voting in the negative were Messrs.: Beckham and Berlin.

Those voting in the negative were Messrs.:

Alien Atherton Blackshear Bostick Burruss Carr Collins, M. Collins, S. Coney Dean, J. E.

Geisinger Grahl Irwin, J. R. Jones Jordan Matthews, D. R. McCracken McDaniell Northcutt

Patten, R. L. Petro Russell, W. D. Shepherd Thomason Triplett Twiggs Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Those not voting were Messrs.:

HB 650. By Mr. Wamble of the 120th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the licensing of medical practitioners, so as to provide for the granting of a license without examination of certain alien licentiates of boards of other states; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, by substitute.

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, J. H. Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Beckham
Bennett Berlin Berry Bohannon

Bond Bostick Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P.

1626
Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden
Harrington
Harris, J. F.
Harris, J. R.
Harrison
Hawes

JOURNAL OF THE HOUSE,

Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Keyton King Knight Kreeger Lane, Dick Lane, W. J Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin
Mullinax
Murphy
Nessmith
Nix

Noble Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson
Toles
Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Willis
Wood

Those not voting were Messrs.:

Blackshear Brantley, H. H. Collins, M. Collins, S. Colwell

Coney Dean, Gib Dean, J. E. Ellis Grahl

Jones Jordan Lambert Matthews, D. R. McCracken

WEDNESDAY, FEBRUARY 28, 1973

1627

Northcutt Patten, R. L. Petro

Russell, W. D. Shanahan Thomason

Wamble Wilson Mr. Speaker

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.

On the passage of the Bill, the ayes were 155, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 650 was ordered immediately transmitted to the Senate.

HB 873. By Messrs. Ware and Mullinax of the 65th:
A Bill to be entitled an Act to provide that a head of household may produce 200 gallons of wine in any one calendar year to be consumed within his household without any requirement to be licensed for such purpose; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Berlin Berry Bohannon Bond Bostick Bray Brown, B. D.

Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Castleberry Clark Coleman Collins, M. Collins, S. Coney Connell Daugherty

Davis, E. T. Davis, W. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R.

1628
Foster Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. McDaniell McKinney Miles Morgan Moyer Mulherin Mullinax Murphy Nix Noble Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. S. Pinkston Ritchie

Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Townsend Tucker Vaughn Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Williams Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, G. D.
Alien Colwell Dean, N. Dollar Harris, J. F.

Hill, G. Irvin, J. Jones Jordan Lane, Dick Lee, W. S.

Mauldin Milford Nessmith Triplett Wall
Whitmire

Those not voting were Messrs.:

Bennett Blackshear Brantley, H. H. Brantley, H. L.
Carr Carrell Chance Cole Dean, Gib Dean, J. E. Floyd, J. H.
Fraser

Gignilliat Grahl Keyton King Knight Lane, W. J. Matthews, D. R. McCracken McDonald Northcutt Patten, G. C. Petro

Rainey Reaves Rush Thomason Toles Turner Twiggs Wamble Willis Wood Mr. Speaker

On the passage of the Bill, the ayes were 127, nays 18.

WEDNESDAY, FEBRUARY 28, 1973

1629

The Bill, having received the requisite constitutional majority, was passed.

HB 395. By Messrs. Mulherin of the 81st, Alexander of the 39th, Blackshear of the 106th and others:
A Bill to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.

By unanimous consent, further consideration of HB 395 was postponed until tomorrow, March 1, 1973, immediately after the period of unanimous consents.

Mr. Evans of the 89th moved that the following Bill of the House be with drawn from the General Calendar and recommitted to the Committee on Judiciary for further studv:

HB 706. By Messrs. Evans of the 89th, Moyer of the 99th, Mason of the 59th and others:
A Bill to be entitled an Act to amend Code Section 26-9908, relating to violating the Sabbath Day, so as to prohibit certain activities on Sunday; and for other purposes.

The motion prevailed and HB 706 was recommitted.

Mr. Horton of the 43rd arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Special Judiciary:

HB 862. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 49-313, relating to the resignation of guardians, so as to provide for the appointment of a successor guardian by the ordinary under certain conditions; and for other purposes.

The following Resolution of the House was read and adopted:

HR 270. By Messrs. Smith of the 91st, Matthews of the 62nd, Colwell of the 4th and others:
A RESOLUTION
Wishing the Honorable Guy F. Hill a happy birthday; and for other purposes.

1630

JOURNAL OF THE HOUSE,

WHEREAS, the Honorable Guy F. Hill, the distinguished Repre sentative from the 41st District was born on February 28, 1921, in Douglasville, Georgia; and

WHEREAS, he was graduated from the Douglas County public schools and the Georgia Institute of Technology; and

WHEREAS, this outstanding Republican member of the House of Representatives is known for the many contributions which he has made to the civic, social, political and religious life of his community and State; and

WHEREAS, he has served with distinction as a member of the House of Representatives since 1966; and

WHEREAS, the Honorable Guy F. Hill is celebrating his birthday today, February 28, 1973.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby extend their best wishes for a happy birthday to the Honorable Guy F. Hill.

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 Guy F. Hill.

Mr. Matthews of the 62nd assumed the Chair.

Mr. Dent of the 78th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Acting Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, MARCH 1, 1973

1631

Representative Hall, Atlanta, Georgia Thursday, March 1, 1973

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. Lucios Merrion, Pastor, Rehovia Baptist Church, Swainsboro, Georgia:
Most Holy, Merciful Eternal God; Maker and Creator of Heaven and Earth: It is to Thee we come at this hour. We humbly beseech Thee for this most honorable and capable presiding officer and these repre sentatives Thou hast placed here in this Assembly.
Crown their heads with wisdom and knowledge, create within them understanding hearts and Thy enduring Spirit in order that there may be justice and peace in this State and Nation, and through good law and obedience thereto we may show forth praises unto Thee among all mankind. In the times of prosperity fill our hearts with thanksgiving, and in times of trouble suffer not one's trust in Thee to fail. Grant unto us all our doubts and uncertainties the grace to ask Thy will; that the spirit of Wisdom may direct us and in Thy straight path we may not stumble. Kindle the flame of true love in the hearts of all men, and guide with pure and peaceable wisdom those who take council for the State and Nation.
Deliver us, 0 God, from all blindness of heart, from pride, vain glory and hypocrisy, from evil hatred and malice. May we have peace, harmony and tranquillity.
Through Jesus Christ our Lord we pray,
AMEN.

By unanimous consent, the call of the roll was dispensed with.

Mr. Mauldin of the 13th, Chairman of the Committee on 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.

1632

JOURNAL OP THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions.

2. First reading and reference of House Bills and Resolutions.

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills.

6. Third reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 1, 1973, and submits the following:

HB

46. Emp. Ret. System, Tax Com., Coll. or Rec.

HB 164. Insurance, Lending Institutions

HB 187. Judges Election, Superior, Appeals, Supreme

HB 245. Driver's License Revoked, Driving Course (Reconsidered)

HB 257. Civil Defense, Property Owner Liability

HB 258. Joint Municipal Retirement System, Employees, Authorities

HB 360. Health & Welfare, Services, Revise

HB 383. Superior Court Judges Emeritus, Salary

HB 395. Peace Officer Standard and Training Council (Postponed)

HB 438. Primary and Election Results, Ordinaries

HB 455. Transient Merchants, Licensing of

HB 520. Lobbyist's, Registration Fee

HR 140-535. Parking for General Assembly Members

THURSDAY, MARCH 1, 1973

1633

HB 594. Public Lands, Rare Plants, Ban Removal

HR 152-604. City of Marietta, Lease Property

HB 632. Motor Vehicle, Used Part Dealers

HB 806. Cities and Counties, Hotel-Motel Tax Levy

HB 942. Higher Education Assistance Corporation, Student Loans

SB

64. Retirement System, Messenger, Doorkeeper

The Speaker shall have the right to call the above Bills and Resolu tions in any order which he may desire.

Respectfully submitted, Lambert of the 97th, 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 988. By Messrs. Kreeger of the 21st, Wilson, Atherton and Howard of the 19th:
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 corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 989. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Burruss of the 21st, Duke, McDaniell and Nix of the 20th and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to provide the number of assistant solicitors of said court shall be the same as the number of judges of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 990. By Mr. Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to change the present corporate limits

1634

JOURNAL OP THE HOUSE,

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 & Community Affairs--Local Legislation.

HB 991. By Mr. Marcus of the 26th:
A Bill to be entitled an Act to amend Code Chapter 59-2, relating to general provisions for grand juries, so as to provide requirements for grand juries of certain counties (population of 600,000 or more) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 992. By Mr. Marcus of the 26th: A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for special purpose grand juries in certain counties (population of 600,000 or more) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 993. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to provide that the Board of Commissioners shall elect their own chairman; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 994. By Messrs. Reaves of the 124th, Wamble of the 120th, Collins of the 122nd, Patten of the 124th, and Howell of the 118th: A Bill to be entitled an Act to amend an Act relating to the exemption of property from taxation, so as to define the word "production" as ap plied to cattle and swine; and for other purposes.
Referred to the Committee on Ways and Means.

HB 995. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Title 56, the Georgia In surance Code, so as to provide that accident and sickness insurance policies delivered after a certain date in this State shall provide cover age for newborn children from the moment of birth; and for other purposes.
Referred to the Committee on Insurance.

THURSDAY, MARCH 1, 1973

1635

HB 996. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, so as to change the compensation of the judge and solicitor of the State Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 997. By Messrs. Burruss of the 121st and Groover of the 75th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, Section 40-304, so as to provide that the Governor shall have the power to appoint his own secretaries and provide for other clerical personnel as needed; and for other purposes.
Referred to the Committee on State of Republic.

HB 998. By Mr. McKinney of the 35th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide a declaration of intent; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 999. By Messrs. Groover of the 75th and Lambert of the 97th:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties (population of not less than 5,750 and not more than 5,800) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1000. By Messrs. Horton of the 43rd, Ritchie of the llth, Irvin of the 10th, Mulherin of the 81st, Patten of the 123rd, Matthews of the 122nd, Knight of the 65th, Colwell of the 4th, Levitas of the 50th, Geisinger of the 44th, Dorminy of the 115th and others:
A Bill to be entitled an Act to create the Vital Areas Council; to pro vide for the members of the Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1001. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to prohibit any wrecker from towing a wrecked or disabled vehicle on the interstate system more than the dis tance from the scene of the accident or the place where the vehicle be came disabled to the first exit in certain metropolitan areas of this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 1002. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to designate posts for the election of councilmen-atlarge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1003. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to grant to the City the power to ac quire right-of-way or easement, purchase, construct, own, sell and operate and maintain a Cable Television System, both inside and out side the corporate limits of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1004. By Messrs. Ware, Knight and Mullinax of the 65th:
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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1005. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide for the salaries and com pensation for the Mayor not to exceed $420 per annum, and each coun cilman not to exceed $300 per annum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1006. By Mr. Irvin of the 23rd:
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 by deannexing certain real property; to provide for the reannexation of said real property under certain conditions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1007. By Mr. Irvin of the 23rd: A Bill to be entitled an Act to provide for the transfer of property lo-

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1637

cated in the City of Roswell, owned by Fulton County, to the City of Roswell, if all the unincorporated area of North Fulton County is in corporated by a municipality of several municipalities other than the City of Roswell; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1008. By Messrs. Busbee of the 114th and Connell of the 80th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to Air Quality Control, so as to authorize the Department of Natural Resources to adopt regulations prohibiting the operation of any facility from which air contaminants are or may be emitted unless a permit has otherwise been obtained; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1009. By Messrs. Busbee of the 114th and Connell of the 80th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide conditions under which a permit to discharge sewage, industrial wastes or other wastes into the waters of the State may be revoked or modified; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1010. By Messrs. Busbee of the 114th and Connell of the 80th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to Air Quality Control, so as to delete the provisions providing that certain in formation obtained by the State under the authority of this Chapter shall not be admissible in evidence in private actions; and for other purposes.
Referred to the Committee on Judiciary.

HB 1011. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to authorize counties and certain munici palities to levy a local income tax; to provide for the administration and collection of such taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1012. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

HE 262-1012. By Messrs. Hudson of the 115th, Larsen of the 102nd, Lambert of the 97th, Mullinax of the 65th, Berlin of the 89th, Brown of the 89th and Grantham of the 127th:
A Resolution authorizing and directing the State Board of Education to televise the Georgia-Georgia Tech Football Game on the State Educa tional Television Network under certain conditions; and for other purposes.
Referred to the Committee on Education.

HR 263-1012. By Messrs. Atherton and Wilson of the 19th, Duke, Nix and McDaniell of the 20th, Kreeger of the 21st and Burruss of the 21st:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 264-1012. By Messrs. Howell of the 118th, Nessmith of the 76th, Wamble of the 120th, Collins of the 122nd, Cole of the 6th, Lee of the 68th and Moyer of the 99th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the exemption from all ad valorem taxation certain tangible personal property in transit through this State stored in public warehouses for shipment outside the State; and for other purposes.
Referred to the Committee on Ways and Means.
HR 265-1012. By Messrs. Howell of the 118th, Wamble of the 120th, Collins of the 122nd, Cole of the 6th, Lee of the 68th and Moyer of the 99th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of any county or municipal corporation to provide for the exemption from taxation all tangible personal proper ty in transit through this State and all tangible personal property manufactured, processed or refined in this State and stored for ship ment outside the State; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1013. By Messrs. Geisinger of the 44th, Collins of the 45th, Elliott of the 49th, Noble of the 48th, Horton of the 56th and Irvin of the 23rd:
A Bill to be entitled an Act to prohibit certain motor vehicles from traveling on the interstate highways during certain hours and days in certain metropolitan areas of this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

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1639

HB 1014. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th, Adams of the 84th, Thompson of the 86th and Davis of the 85th:
A Bill to be entitled an Act to grant to Columbus certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1015. By Messrs. Triplett of the llth, Alien of the 108th, Jones of the 109th, Chance of the 112th, Gignilliat of the 105th and Ellis of the 107th: A Bill to be entitled an Act to amend the State Ports Authority Act, so as to change the provisions relative to the membership of said Au thority; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1016. By Mr. Harris of the 51st: A Bill to be entitled an Act to provide an alternative method to the authorization for exercise of power of sale in deeds of trust, mortgages, and other instruments contained in Code Section 37-607, as amended; and for other purposes.
Referred to the Committee on Judiciary.

HB 1017. By Mr. Harris of the 51st:
A Bill to be entitled an Act to provide for the procedure by which a trustee may resign his trust; and for other purposes.
Referred to the Committee on Judiciary.

HR 267-1017. By Mr. Oxford of the 101st:
A Resolution authorizing the Secretary of State to procure an appro priate plaque relative to the former Sumter County courthouse bell; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 268-1017. By Messrs. Colwell of the 4th and Ritchie of the llth:
A Resolution authorizing the conveyance of certain property and the acquisition of certain other real property located in Habersham County; and for other purposes.
Referred to the Committee on State Institutions & Property.

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JOURNAL OP THE HOUSE,

HB 1018. By Messrs. Dollar of the 63rd, Kreeger of the 21st, Noble of the 48th, Atherton of the 19th, Patterson of the 64th and Rainey of the 116th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide that the Board of Natural Resources shall have all of the policy-making function previously vested in the Game and Fish Commission; and for other purposes.
Referred to the Committee on Recreation.

HB 1019. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Atkinson County, so as to provide that the board of com missioners may employ a clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1020. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act reincorporating the City of Pearson in Atkinson County and creating a new charter for said city, so as to change the date for holding the regular election for the mayor and city councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1021. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to authorize the governing authority of Atkinson County to furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1022. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clinch 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 1023. By Messrs. Sams of the 83rd and Beckham of the 82nd: A Bill to be entitled an Act to provide for the salary of the Judges of

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1641

the State Courts in certain counties (population of not less than 145,000 and not more than 165,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1024. By Messrs. Sams of the 83rd, Beckham of the 82nd and Miles of the 79th:
A Bill to be entitled an Act to provide for the appointment of probation officers for State Courts in certain counties (population not less than 145,000 and not more than 165,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1026. By Mr. Connell of the 80th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Richmond County, so as to add additional members to the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1027. By Mr. Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that the sentencing judge may order a hearing to determine the question of probating the balance of a sen tence of a defendant previously sentenced to a determinate period of imprisonment; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1028. By Messrs. Lee and Odom of the 114th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to clarify the power of arrest of the Uniform Division of Investigation and so as to authorize them to enforce in gen eral the criminal laws when directed to do so by, and at the discretion of, the Commissioner or the Director respectively; and for other purposes.
Referred to the Committee on Judiciary.

HB 1029. By Mr. Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act providing for the distribu tion and allocation of the net proceeds derived from the taxes and licenses levied and collected by Cobb County and each municipality pur suant to the "Revenue Tax Act to Legalize and Control Alcoholic

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JOURNAL OF THE HOUSE,

Beverages and Liquors", so as to change the percentage of the proceeds allocated to education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1030. By Messrs. Coleman of the 102nd and Smith of the 42nd:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to provide that the Director of Public Safety's revocation of operators' licenses for cer tain offenses shall become effective as of the time of receipt of the operator's license; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1031. By Mr. Levitas of the 50th:
A Bill to be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for the reduction of the amount due each local government from the collection of the tax im posed by deducting 1.25% of the amount due for administration and collection of said tax; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1032. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Title 67, relating to mort gages, conveyances to secure debt and lien, so as to change the provisions relating to foreclosure of mortgages on personalty; and for other purposes.
Referred to the Committee on Judiciary.

HB 1033. By Mr. Savage of the 30th:
A Bill to be entitled an Act to amend Code Chapter 53-2, relating to marriage licenses, so as to authorize members of the General Assembly to perform marriage ceremonies; and for other purposes.
Referred to the Committee on Judiciary.

HB 1034. By Messrs. Chance of the 112th and Triplett of the lllth:
A Bill to be entitled an Act to amend an Act creating the State Court of Effingham County, so as to change the compensation provisions re lating to the solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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1643

HB 1035. By Messrs. Chance of the 112th and Triplett of the lllth:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to change and extend the corporate limits of the Town of Pooler; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1036. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend Code Section 67-117, relating to the procedure for cancellation of mortgages, so as to provide that mortgage cancellation shall be mandatory and shall be the responsibility of the mortgagee; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1037. By Messrs. Mulherin of the 81st and Petro of the 46th:
A Bill to be entitled an Act to amend an Act creating the Executive Board of the Georgia World Congress Center, so as to provide that the General Assembly shall approve the site selected for the location of the Center; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1038. By Messrs. Toles of the 16th, Lowrey of the 15th, Adams of the 14th, Alien of the 108th, Nessmith of the 76th, Bostick and Patten of the 123rd:
A Bill to be entitled an Act to amend the Dead Animal Disposal Act, so as to provide that the Maintenance Department of the Highway Di vision of the Department of Transportation shall remove and dispose of the carcasses of all dead animals found within the rights-of-way of all highways within the State maintained either totally or in part from State funds; and for other purposes.
Referred to the Committee on Highways.

HB 1039. By Mr. Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act providing for rural tele phone cooperative corporations and providing for rural telephone ser vice, so as to provide that rural telephone cooperative corporations may exercise certain powers within certain cities of this State; and for other purposes.
Referred to the Committee on Industry.

HB 1040. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to amend an Act changing the mode of com pensating the clerk of the superior court, sheriff, ordinary, and tax

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JOURNAL OF THE HOUSE,

commissioner of Crisp County from the fee system to an annual salary, so as to change the provisions relative to the compensation of said of ficers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1041. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to create the Douglas County Charter Com mission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1042. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide that no municipal corporation or other political subdivision within Douglas County shall take any action which may have an impact on all of the citizens of Douglas County unless such proposed action shall have been submitted to the ap propriate county authorities and shall have been approved by the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1043. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1044. By Mr. Mason of the 59th:
A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the pro visions relative to the compensation of such officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1045. By Mr. Mason of the 59th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner, so as to change the provisions relative to the compensa tion of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

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1645

HB 1046. By Mr. Mason of the 59th:
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 compensation of the chairman of said Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1047. By Messrs. Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Snellville, so as to change the name of said Town to the City of Snellville; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1048. By Mr. Wilson of the 94th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Putnam 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 1049. By Messrs. Russell, Logan and Matthews of the 62nd and McDonald of the 12th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary, so as to change the amount which the sheriff shall be allowed as compensation for certain deputies and employees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 271-1049. By Messrs. Mason of the 59th and Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to au thorize and direct the governing authority of Gwinnett County to fix the compensation, which shall be paid from the funds of Gwinnett County, of certain officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

By unanimous consent, the rules were suspended and the following Bill of the House was introduced, read the first time and referred to the Committee on Insurance:

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JOURNAL OF THE HOUSE,

HB 1069. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend Code Section 56-317.1, relating to administrative fines for certain acts of officers, employees, agents or representatives of insurers, so as to provide additional circumstances under which the Commissioner may impose a fine; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 946. By Messrs. Snow of the 1st, Walker of the 100th, Morgan of the 70th and Bennett of the 124th:
A Bill to be entitled an Act to amend Code Chapter 38-6, relating to records and public documents as evidence, so as to provide for the authentication of Acts of the legislature of any other state, territory or possession of the United States; and for other purposes.

HB 947. By Messrs. Snow of the 1st, Walker of the 100th, Russell of the 53rd, Morgan of the 70th and Bennett of the 124th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing appellate and other post trial procedure in civil and criminal cases, so as to provide that a notice of appeal shall contain a concise statement of why the court appealed to has jurisdiction; and for other purposes.

HB 948. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel of the ordinary's office may receive; and for other purposes.

HB 949. By Mr. Lambert of the 97th:
A Bill to be entitled an Act to amend "The Building and Loan Act", so as to provide that no building and loan association, savings and loan association or other like corporation incorporated, organized or chartered under the laws of this State shall carry on or conduct business except on the premises of the principal or branch office; and for other purposes.

HB 950. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide that certain

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1647

motor vehicles which have been in use for three years or less shall not be required to be inspected nor shall an official certificate of inspection and approval be obtained or required for said motor vehicles; and for other purposes.

HB 951. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners and Code Section 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have resided within the U. S. for at least 1 year and who have filed an application for permanent residency status shall be eligible to stand examination for a license to practice medicine; and for other purposes.

HB 952. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend Code Section 67-201, relating to the creation of mechanics' and materialmen's liens, so as to provide that there shall be no materialmen's laborers', or other liens created or declared against certain single-family dwellings, under certain con ditions; and for other purposes.

HR 253-952. By Mr. Harrison of the 116th:
A Resolution proposing an amendment to the Constitution so as to provide that the privilege of members of both Houses of the General Assembly shall extend throughout their term of office as members; and for other purposes.

HB 953. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that outgoing mail of a prisoner shall not be subject to any form of censor ship ; and for other purposes.

HB 954. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend the "Georgia Post Mortem Examination Act", so as to provide witness fees for peace officers appearing at coroner's inquests; and for other purposes.

HB 955. By Messrs. Hudson of the 115th and Bostick of the 123rd:
A Bill to be entitled an Act to amend Code Title 93, relating to the Public Service Commission, so as to add a chapter to be known as the "Georgia CATV Regulatory Surveillance Act"; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 956. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Burke County, so as to change the compensation of the members of the Board; and for other purposes.

HB 957. By Mr. Lewis of the 77th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Burke County, so as to change the terms of said court; and for other purposes.

HB 958. By Messrs. Rainey, Hudson and Dorminy of the 115th:
A Bill to be entitled an Act to create and establish a Small Claims Court for Crisp County to be known as the Small Claims Court of Crisp County; and for other purposes.

HB 959. By Messrs. Rainey, Dorminy and Hudson of the 115th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Sylvester, so as to require candidates to receive a majority of the votes cast to fill the nomination or office in order to be nominated or elected to such office; and for other purposes.

HB 960. By Messrs. Groover of the 75th, Smith of the 74th, Tucker of the 69th and Adams of the 74th:
A Bill to be entitled an Act to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, so as to change the qualifications of the Assistant District Attorney; and for other purposes.

HB 961. By Messrs. Beckham of the 82nd, Sams of the 83rd, Howard of the 19th, Connell of the 80th, Busbee of the 114th, McDaniell of the 20th, Egan of the 25th and Duke of the 20th:
A Bill to be entitled an Act to amend Code Chapter 34-11, relating to ballots, so as to provide that ballots and ballot labels shall be arranged so that uncontested offices shall be listed last; and for other purposes.

HB 962. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Surface Mining Act of 1968", so as to clarify the application of the Act; and for other purposes.

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1649

HB 963. By Messrs. Cole of the 6th, Shanahan of the 7th, Foster of the 6th and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act creating the State Highway Board, so as to change the provisions requiring certain persons to resign from positions prior to taking office as members of the Board; and for other purposes.

HB 964. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act placing the tax com missioner of Tift County upon an annual salary, so as to change the compensation of said tax commissioner; and for other purposes.

HR 254-964. By Mr. Cole of the 6th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legisla tion treating any and all equipment and machinery as a separate class from other classes of tangible property for ad valorem property tax purposes; and for other purposes.

HB 965. By Messrs. Kreeger of the 21st, Duke, Nix and McDaniell of the 20th and Burruss of the 21st:
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; and for other purposes.

HB 966. By Messrs. Kreeger of the 21st, Duke, Nix and McDaniell of the 20th and Burruss of the 21st:
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; and for other purposes.

HB 967. By Messrs. Patten of the 123rd, Smith of the 74th, Smith of the 42nd, Matthews of the 122nd, Connell of the 80th, Mulherin of the 81st, Edwards of the 95th, Hudson of the 115th, Grantham of the 127th and Bostick of the 123rd:
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 tax purposes, so as to provide for a minimum ad valorem tax on motor vehicles; and for other purposes.

HB 968. By Messrs. Beckham of the 82nd and Sams of the 83rd:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide for shorter school hours under certain conditions; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 969. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Georgia Code Section 93-210, pertaining to the assessment of public service corporation fees in an amount sufficient to cover the cost of operating and maintaining the Georgia Public Service Commission, by increasing the assessment to $560,000 per annum and providing that the money will be paid to the State; and for other purposes.

HB 970. By Messrs. Greer of the 43rd and Irvin of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.

HB 971. By Mr. Alexander of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Fulton County; and for other purposes.

HB 972. By Mr. Larsen of the 27th:
A Bill to be entitled an Act to provide for the protection of rare specimens of animal life within this State; and for other purposes.

HB 973. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to amend "The Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to em power and direct the Board of Regents to promulgate rules and regulations authorizing the sale of malt beverages, wine and distilled spirits by the drink for consumption on the premises at certain colleges and universities; and for other purposes.

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A Bill to be entitled an Act to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities beneficial to the public welfare; and for other purposes.

HB 975. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Sparks in Berrien County, so as to provide for a two-year term of office for the mayor of said town; and for other purposes.

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1651

HB 976. By Messrs. Roach and Harris of the 8th, Colwell of the 4th, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to provide for additional compensation for the assistant district attorney of the Blue Ridge Judicial Circuit; and for other purposes.

HB 977. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Lenox in Berrien County, so as to annex certain land to the Town of Lenox; and for other purposes.

HB 978. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing for a maximum outside width for certain buses in counties of this State having certain populations (in excess of 256,000) so as to include the Metropolitan Atlanta Rapid Transit Authority in the definition of "urban Transit system"; and for other purposes.

HR 255-978. By Messrs. Geisinger of the 44th, Brown of the 67th, Collins of the 45th, Floyd of the 5th, Harris of the 8th, Walker of the 100th, Patten of the 123rd, Egan of the 25th and others:
A Resolution proposing an amendment to the Constitution so as to provide that no member of the General Assembly shall have his com pensation increased during the term of office to which he was elected; and for other purposes.

HR 256-978. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th, Triplett of the lllth, Ellis of the 107th, Hill of the 110th, Blackshear of the 106th and Chance of the 112th:
A Resolution authorizing the placing of a bust of Juliette Gordon Low, founder of the Girl Scouts of the United States of America, in the Georgia Hall of Fame at the State Capitol; and for other purposes.

HB 980. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens, so as to provide for a new Clarke County Board of Educa tion; and for other purposes.

HB 981. By Messrs. Geisinger of the 44th, Collins of the 45th, Elliott of the 49th, Noble of the 48th, Russell of the 53rd, Harris of the 51st, Jordan of the 58th, Burton of the 47th and Mrs. Clark of the 55th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be unlawful for a driver of a motor vehicle to flee or attempt to elude a police officer; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 982. By Messrs. Colwell of the 4th, Burruss of the 21st and Harrington of the 93rd:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, so as to provide that the State Board of Corrections may employ inmates under the provisions of the workrelease program in certain instances; and for other purposes.

HB 983. By Messrs. Petro of the 46th, Sams of the 83rd and Beckham of the 82nd:
A Bill to be entitled an Act to preserve the confidentiality of statements made by students seeking information for the purpose of overcoming any form of drug abuse when such statements are made to a teacher, counselor, principal, or other professional educator; and for other purposes.

HR 259-983. By Messrs. Connell of the 80th, Carr of the 90th, Wilson of the 94th, Harrington of the 93rd, Lewis of the 77th, Pinkston of the 89th, Coney of the 89th, Evans of the 89th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a minimum of 300,000 tons annually; and for other purposes.

HB 984. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to change and extend the corporate limits of said City; and for other purposes.

HB 985. By Messrs. Sweat of the 125th, Dixon of the 126th, Wheeler of the 127th, Rogers of the 128th, Harrison of the 116th, Eraser of the 117th and Horton of the 43rd:
A Bill to be entitled an Act to amend the Ground Water Use Act of 1972, so as to provide for certain aquifer studies; and for other purposes.

HB 986. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide that certain residents of Georgia who apply to the Department of Natural Resources shall receive an honorary permit which shall entitle the holder thereof to the use of any state park facility without the payment of any fee whatsoever; and for other purposes.

THURSDAY, MARCH 1, 1973

1653

HB 987. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to prohibit certain persons from holding an interest in any business licensed to sell or distribute alcoholic beverages or in any property used for the purpose of operating such a business or selling or distributing alcoholic beverages; and for other purposes.

SB 35. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Section XI of the Act entitled "Establishing the Criminal Court of Atlanta", so as to provide that trials by jury in the Criminal Court of Fulton County, shall be by six jurors instead of five jurors, from a panel of 12 qualified prospective jurors; and for other purposes.

SB 81. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Com missioners of Pulton County to establish rules and regulations govern ing the payment of pensions to County employees, so as to authorize the retirement of individuals who shall be 65 years of age and have served twenty years; and for other purposes.

SR 93. By Senator Hudgins of the 15th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for educational assistance grants to qualified students; and for other purposes.

SB 113. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to provide for the establishment of a separate record of certain accumulated contributions by those members of Division "B" who have not elected to transfer to Division "A"; and for other purposes.

SB 169. By Senators Garrard of the 37th, Smith of the 34th, Coverdell of the 40th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to provide a maximum limitation on the ad valorem taxation which the board of aldermen may assess and collect, for the support of public schools and other educational purposes; and for other purposes.

SB 229. By Senator London of the 50th:
A Bill to be entitled an Act to amend the Georgia Health Code, so as to provide that the Commissioner of Human Resources, the Com-

1654

JOURNAL OF THE HOUSE,

missioner of Natural Resources, or other departments, etc., shall have certain documents and shall follow certain practices and procedures prior to taking any action pursuant to said Code; and for other pur poses.

SB 239. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act establishing a fire prevention system in the unincorporated portion of Fulton County, so as to increase the sum which may be expended for fire prevention and protection without the creation of a fire district; and for other purposes.
SB 246. By Senator Stephens of the 36th:
A Bill to be entitled an Act to repeal an Act requiring county authorities in certain counties to specify in any tax levy the percentage number of mills or fractional part thereof levied for each separate purposes; and for other purposes.
SB 265. By Senators Thompson of the 32nd, Warren of the 43rd, Ballard of the 45th and Skene of the 27th:
A Bill to be entitled an Act to amend Code Section 79A-9915, relating to penalties for violations of the provisions of Code Chapter 79A-9 relating to depressant and stimulant drugs and counterfiet drugs, so as to change the penalty provisions relating to possession of marijuana; and for other purposes.

SB 306. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, so as to change the jurisdiction of said courts; and for other purposes.

HR 261-1012. By Mr. Lane of the 76th:
A Resolution compensating Mr. Richard R. Peeples and Mrs. Ruth H. Peeples; and for other purposes.

HR 266-1013. By Mr. Floyd of the 56th:
A Resolution compensating Mrs. Hilda C. Lacher; and for other pur poses.

HB 1025. By Messrs. Cole and Foster of the 6th: A Bill to be entitled an Act to create the Industrial City of Gordon,

THURSDAY, MARCH 1, 1973

1655

Murray and Whitfield Counties, as a political subdivision with ex traordinary powers; and for other purposes.

Mr. Farrar of the 52nd 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 432. Do Pass, by Substitute.
HB 480. Do Pass, by Substitute.
SB 57. Do Pass.
Respectfully submitted, Northcutt of the 89th, Secretary.

Mr. Brown of the 67th 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 713. Do Pass.
HB 699. Do Pass, as Amended.
Respectfully submitted, Brown of the 67th, Chairman.

Mr. Harrington of the 93rd District, Chairman of the Committee on Human Relations, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations has had under consideration the follow-

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JOURNAL OF THE HOUSE,

ing Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 580. Do Pass.

HB 753. Do Pass.

HB 754. Do Pass.

HB 179. Do Pass.

HB 842. Do Pass.

HR 185. Do Pass.

Respectfully submitted, Harrington of the 93rd, Chairman.

Mr. Lee of the 68th District, Chairman of the Committee on Industry, sub mitted 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 533. Do Pass, by Substitute.
Respectfully submitted, Moyer of the 99th, 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 has instructed me to report the same back to the House with the following recommendations:
HB 812. Do Pass.
HB 553. Do Pass, as Amended.

THURSDAY, MARCH 1, 1973

1657

HB 235. Do Pass, by Substitute.

HB 48. Do Pass, by Substitute.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Adams of the 36th District, Vice-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 708. Do Pass. HB 848. Do Pass. HB 899. Do Pass. HB 752. Do Pass. HB 927. Do Pass. HB 928. Do Pass. HB 782. Do Pass. HB 854. Do Pass.
HB 891. Do Pass. HB 864. Do Pass.
HB 849. Do Pass, by Substitute. HB 407. Do Not Pass.
Respectfully submitted, Adams of the 36th, Vice-Chairman.

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JOURNAL OF THE HOUSE,

Mr. Rainey of the 115th District, Chairman of the Committee on Recreation, submitted the following report:

Mr. Speaker:

Your Committee on Recreation 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 332. Do Pass, by Substitute.

Respectfully submitted, Rainey of the 115th, Chairman.

Mr. Buck of the 87th 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 336. Do Pass, by Substitute.
HB 315. Do Pass, by Substitute.
Respectfully submitted, Buck of the 87th, Chairman.

Mr. Roach of the 8th District, Chairman of the Committee on Special Ju diciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 972. Do Pass.
HB 862. Do Pass.
HB 863. Do Pass.

THURSDAY, MARCH 1, 1973

1659

HB 784. Do Pass.

HB 734. Do Pass.

HB 72. Do Pass, as Amended.

HB 976. Do Pass.

Respectfully submitted, Roach of the 8th, Chairman.

Mr. Colwell of the 4th District, Chairman of the Committee on State Institu tions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under considera tion the following Bills of the House and has instructed me to report the same back to the House with the following recommendation:
HB 921. Do Pass, as Amended.
Respectfully submitted, Colwell of the 4th, Chairman.

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation), 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 741. Do Pass.
HB 818. Do Pass.
HB 819. Do Pass.
HB 820. Do Pass.
HB 821. Do Pass.

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JOURNAL OF THE HOUSE,

HB 835. Do Pass.

HB 874. Do Pass.

HB 882. Do Pass.

HB 883. Do Pass. HB 884. Do Pass. HB 885. Do Pass. HB 887. Do Pass. HB 888. Do Pass. HB 889. Do Pass. HB 894. Do Pass. HB 895. Do Pass.

HB 896. Do Pass.

HB 901. Do Pass.

HB 905. Do Pass.

HB 906. Do Pass.

HB 908. Do Pass.

HB 920. Do Pass.

HB 932. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Wamble of the 120th 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-

THURSDAY, MARCH 1, 1973

1661

ing Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB

18. Do Pass.

HB 574. Do Pass.

HB 575. Do Pass.

HB 586. Do Pass.

HB 585. Do Pass.

HB 587. Do Pass.

HR 232-930. Do Pass.

Respectfully submitted, Wamble of the 120th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 741. By Mr. Dixon of the 126th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff and ordinary of Charlton County from a fee to a salary basis, as amended, so as to change the provisions relative to the compen sation of the clerk of the ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 818. By Messrs. Brown and Carlisle of the 67th, Northcutt, Johnson, Lee and Bailey of the 68th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Fayette County upon an annual salary, as amended, so as to change cer-

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JOURNAL OF THE HOUSE,

tain of the provisions relative to the sheriff's automobiles; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 819. By Messrs. Brown and Carlisle of the 67th, Northcutt, Johnson, Lee and Bailey of the 68th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Fayette County, as amended, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 820. By Messrs. Brown and Carlisle of the 67th, Northcutt, Johnson, Lee, and Bailey of the 68th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Fayette County upon an annual salary, as amended, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 1, 1973

1663

HB 821. By Messrs. Brown and Carlisle of the 67th, Northcutt, Johnson, Lee and Bailey of the 68th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Fayette County upon an annual salary, so as to delete therefrom the minimum compensation which must be paid to certain employees 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 835. By Mr. Grahl of the 88th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, as amended, so as to change the provisions relative to 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 874. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Houston County, as amended, so as to change the compen sation provisions relating to the members of the board of commissioners; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 882. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, as amended, so as to change and extend the present corporate limits of said City and to describe new territory to become a part of the said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 883. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of com pensation", as amended, so as to increase the compensation of said Or dinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 884. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend "An Act to consolidate the offices of tax receiver and Tax Collector of Upson County into the office of Tax Commissioner of Upson 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.

THURSDAY, MARCH 1, 1973

1665

The Bill, having received the requisite constitutional majority, was passed.

HB 885. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend "An Act to place the Sheriff of Upson County upon an annual salary in lieu of the fee system of com pensation; as amended, so as to increase and fix the maximum compen sation of the Chief Deputy Sheriff of Upson 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 887. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to be entitled an Act to create the Lowndes 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 888. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to repeal an Act creating the Lowndes County Utilities 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.

1666

JOURNAL OF THE HOUSE,

HB 889. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner and ordinary of Cherokee County on a salary system, as amended, so as to change the compensation of the deputies and cleri cal assistants of said officers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 894. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to amend an Act placing the sheriff of Lowndes County on a salary basis, as amended, so as to change the provisions relating to the com pensation 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 895. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to amend the Act creating the Board of Commissioners of Lowndes County, as amended, so as to change the meeting date of the Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 1, 1973

1667

HB 896. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to change the compensation of the coroner in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 901. By Messrs. Brown, Pinkston, Evans, Coney and Dickey of the 89th:
A Bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners 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 905. By Messrs. Sams of the 83rd, Beckham of the 82nd, Miles of the 79th and others:
A Bill to amend an Act relating to public education within Richmond County, as amended, so as to provide that the County Board of Educa tion shall have the right to retain an attorney under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 906. By Mr. Peters of the 2nd:
A Bill to implement the constitutional amendment creating the Catoosa County Development Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 908. By Mr. Grahl of the 88th:
A Bill to amend an Act creating a new charter for the City of Ft. Valley, as amended, so as to change the provisions relative to the chairman and members of the utilities 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 920. By Messrs. McCracken and Lewis of the 77th and Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act placing the county officers of McDuffie County upon an annual salary, as amended, so as to pro vide for additional deputy sheriffs and their compensation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 1, 1973

1669

HB 932. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend "An Act to amend the charter of the Town of Athens and the various Acts amendatory Thereof", as amended, so as to redefine the corporate limits of the City of Athens; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, 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 172-648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th and others: A Resolution to create the Metropolitan Atlanta Rapid Transit Over view Committee.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 243. By Messrs. Moyer of the 99th, Sweat of the 125th, Ware of the 65th, and others:
A Resolution commending the men of the Ga. National Guard.

HR 111-430. By Messrs. Shanahan of the 7th, Cole and Foster of the 6th, and others:
A Resolution proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution.

1670

JOURNAL OF THE HOUSE,

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

SB 12. By Senators Reynolds of the 48th and Riley of the 1st:
A Bill to amend an Act relating to the issuance of motor vehicle license plates, as amended, so as to provide that no motor vehicle shall be registered or a license plate issued therefor unless there shall be submitted to the tax collector or commissioner certain proof of the financial responsibility of the applicant.

SB 102. By Senator Broun of the 46th:
A Bill to repeal Code Chapter 23-9, relating to the county manager form of government; to provide that the General Assembly may create within certain counties the office of county manager.

SB 173. By Senator Fincher of the 54th:
A Bill to provide that public assistance paid to needy children is a supple ment to the support provided by the responsible parent; to provide a short title; to state the purposes of this Act.

SB 257. By Senator Webb of the llth:
A Bill to amend the Executive Reorganization Act of 1972 so as to pro vide for the transfer of the functions of the Georgia Historical Com mission and its Board of Commissioners to the Department of Natural Resources.

SB 272. By Senators Holloway of the 12th and Carter of the 14th: A Bill to amend Code Section 40-404, as amended, so as to allow the Office of Planning and Budget to establish uniform regulations govern ing the reimbursement of travel and other business related expenses to employees and other State employees.
SB 274. By Senators Holloway of the 12th and Carter of the 14th: A Bill to define the term "State Retirement Systems".
SB 275. By Senators Coggin of the 35th, London of the 50th, Smith of the 34th and others: A Bill to authorize the Governor, Lieutenant Governor and Attorney General to promulgate rules and regulations pertaining to removal for cause of members of the Board of Pardons and Paroles, as provided in the Constitution; to define certain terms.

THURSDAY, MARCH 1, 1973

1671

HB 228. By Mr. Greer of the 43rd:
A Bill to amend Code Chapter 34-8, relating to primary and election dates and to certain special elections, so as to provide that, whenever a special election shall be conducted at the same time of a general elec tion, certain times provided for the general election shall apply to such special election.

HB 539. By Mr. Buck of the 87th:
A Bill to amend an Act regulating driving training schools, so as to provide for an examination of driver training school instructors as an alternative to the educational requirements set forth in said Act.

HB 648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th, and others:
A Bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to require the Authority to make available for public inspection summaries of certain contracts entered into by the Authority.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 12. By Senators Reynolds of the 48th and Railey of the 1st:
A Bill to be entitled an Act to amend an Act relating to the issuance of motor vehicle license plates, so as to provide that no motor vehicle shall be registered or a license plate issued unless proof of financial re sponsibility is submitted to the tax collector or commissioner; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 102. By Senator Broun of the 46th:
A Bill to be entitled an Act to repeal code Chapter 23-9, relating to the county manager form of government; to provide that the General Assembly may create within certain counties the offices of county man ager; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

SB 173. By Senator Fincher of the 54th:
A Bill to be entitled an Act to provide that public assistance paid to needy children is a supplement to the support provided by the responsibile parent; and for other purposes.
Referred to the Committee on Human Relations.

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JOURNAL OF THE HOUSE,

SB 257. By Senator Webb of the llth:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for the transfer of the functions of the Georgia Historical Commission and its Board of Commissioners to the Depart ment of Natural Resources; and for other purposes.
Referred to the Committee on Natural Resources.

SB 272. By Senators Holloway of the 12th and Carter of the 14th: A Bill to be entitled an Act to amend Code Section 40-404, so as to allow the Office of Planning and Budget to establish uniform regula tions governing the reimbursement of travel and other business related to expenses to employees and other State employees; and for other purposes.
Referred to the Committee on Rules.
SB 274. By Senators Holloway of the 12th and Carter of the 14th: A Bill to be entitled an Act to define the term "State Retirement Sys tems; and for other purposes.
Referred to the Committee on Retirement.

SB 275. By Senators Coggin of the 30th, London of the 50th, Smith of the 34th and others: A Bill to be entitled an Act to authorize the Governor, Lieutenant Gov ernor, and Attorney General to promulgate rules and regulations per taining to removal for cause of members of the Board of Pardons and Paroles, as provided in the Constitution; and for other purposes.
Referred to the Committee on Judiciary.
Mr. Levitas of the 50th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 255. By Messrs. Levitas of the 50th, Burruss of the 21st, and Larsen of the 27th:
A Bill to be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 1, 1973

1673

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Busbee Carr Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dickey
Dixon
Dollar

Dorminy Duke Egan Ezzard Farrar Floyd, L. R. Eraser Geisinger Greer Groover Hamilton Harden Harrington Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Jordan Keyton Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Logan
Marcus
Mason

Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Milford Morgan Moyer Mulherin Mullinax Nix Northcutt Patterson Petro Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Savage Shanahan Shepherd Stephens Thompson _ TownseriS Triplett Tucker
Vaughn
Wall
Wamble
Whitmire
Williams
Wilson, J. M.
Wood

Those voting in the negative were Messrs.:

Adams, J. H. Beckham ,Cole Ployd, J. H. Foster Harris, J. F. King Lane, W. J.

Lowrey McDonald Miles Murphy Nessmith Patten Pearce Peters

Sams Smith, J. R. Smith, V. B. Sweat Toles Twiggs Ware

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Brantley, H. L. Bray Brown, C. Buck Burton Carlisle Daivs, W. Edwards Elliott Ellis Evans Gignilliat Grahl

Grantham Harrison Hill, G. Jessup Knight Kreeger Lambert Lane, Dick McCracken Noble Odom Oxford Patten, G. C.

Phillips, G. S. Ritchie Snow Strickland Thomason Turner Waddle Walker Wheeler, Bobby Wheeler, J. A. Willis Wilson, M. L. Mr. Speaker

On the motion to reconsider, the ayes were 117, nays 23.

The motion prevailed, and HB 255 was reconsidered.

Mr. Atherton of the 19th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 439. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to provide for the establishment of minimum standards for budgeting, financial reporting and auditing for counties and municipalities of this State; 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. Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berlin Blackshear Bohannon Bond Bostick

Brown, B. D. Brown, S. P. Burruss Burton Busbee Castleberry Clark Cole Collins, S. Coney Connell

Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Duke Egan Ezzard

Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Greer Groover Hamilton Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson
Irvin, J. Irvin, R. Johnson

THURSDAY, MARCH 1, 1973

1675

Jordan Keyton Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell McKinney Moyer Mulherin Mullinax Nix Northcutt

Odom Oxford Patterson Petro Reaves Russell, J. Russell, W. D. Savage Shanahan Shepherd Stephens Sweat Townsend Vaughn Wall Ware Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs. :

Adams, J. H. Adams, John Alien, S. D. Beckham Berry Chance Coleman Colwell
Foster Harden Harrington
Jessup Jones

King Lane, W. J. Larsen, W. W. Mauldin McDonald Miles Milford Murphy Nessmith Patten, R. L. Pearce Peters Pinkston

Roach Rogers Ross Sams Smith, V. B. Strickland Thompson Toles Triplett Tucker Twiggs Wheeler, Bobby

Those not voting were Messrs.:

Adams, Marvin Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Carlisle Carr Carrell Collins, M. Davis, W. Dollar

Dorminy Edwards Elliott Ellis Evans Gignilliat Grahl Grantham Hill, G. Howell Irwin, J. R. Knight

Lane, Dick McCracken Morgan Noble Patten, G. C. Phillips, G. S. Phillips, L. L. Rainey Ritchie Rush Smith, J. R. Snow

1676
Thomason Turner Waddle

JOURNAL OF THE HOUSE,

Walker Wamble Wheeler, J. A.

Wilson, M. L. Mr. Speaker

On the motion to reconsider, the ayes were 98, nays 38.

The motion prevailed, and HB 439 was reconsidered.

The following Resolutions of the Senate were read and adopted:
SR 53. By Senators Hudgins of the 15th and Jackson of the 16th:
A RESOLUTION
Relative to the Multi-State Transportation Route Advisory Board; and for other purposes.
WHEREAS, the six South Georgia Area Planning and Development Commissions joined together to sponsor and establish the South Georgia Limited Access Highway Association; and
WHEREAS, the South Georgia Association in conjunction with counterparts in the other five States (Alabama, Arkansas, Mississippi, Missouri and Tennessee) sponsored and established the Multi-State Transportation Route Advisory Board; and
WHEREAS, key officials and Highway Commissioners of the six States are members of this Board's operation for the six States; and
WHEREAS, the six-state Board was formally organized in a meet ing in Birmingham on December 8, 1972, at which time the bylaws for that organization were adopted for the purpose of working toward the total development of a transportation route connecting the Southeastern United States, Brunswick, Georgia, with the Midwestern United States, Kansas City, Missouri, as identified in Senate Bill 3939, Section 147, passed by the United States Senate on September 19, 1972, in the 92nd Congress, Second Session:
"(a) A route from Brunswick, Georgia, or its vicinity, to Kan sas City, Missouri, or its vicinity, so aligned to serve the following intermediate locations, or vicinities thereof: Columbus, Georgia; Birimngham, Alabama; Tupelo, Mississippi; Memphis, Tennessee; Batesville or Jonesboro, Arkansas; and Springfield, Missouri.", and
WHEREAS, the specific objective of this six-state Board is to fos ter, promote, and develop a Multi-State Muli-Mode Transportation Route to serve this regional corridor to meet the transportation needs and provide appropriate economic growth and development.

THURSDAY, MARCH 1, 1973

1677

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby acknowledge and endorse the outstanding efforts being made through the Multi-State Transportation Route Advisory Board, by the sponsoring states, supporting counties, cities and commissions, and do hereby en courage this fine endeavor to provide more adequate high-standard highways in Georgia and the United States.

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 Multi-State Transportation Route Advisory Board and to each of the Board Chairmen of the six States: Georgia, Alabama, Arkansas, Mississippi, Missouri, and Tennessee.

SR 122. By Senators Holley of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A RESOLUTION
Expressing regrets at the passing of Mrs. Mary Estes Hill; and for other purposes.
WHEREAS, the untimely passing of Mrs. Mary Estes Hill, the de voted wife of Senator Render Hill has taken from our presence this most gracious and charming lady in the prime of her life as a beloved wife and mother; and
WHEREAS, the loss of this cherished companion and devoted mother is a loss deeply felt by each and every member of the General Assembly as well as those persons who had the pleasure of knowing and loving Mrs. Hill; and
WHEREAS, this loss, grievous as it is, does not compare with that loss experienced by Senator Hill, his son, Jimmy and the remaining members of this most distinguished Georgia family; and
WHEREAS, the members of the General Assembly wish to ex press their deepest regrets and sincerest sympathy to the loved ones of the late Mrs. Mary Estes Hill.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that its sincerest, deepest and most heart felt regrets and sympathy are hereby expressed to the family and friends of the late Mrs. Mary Estes Hill, wife of the distinguished Senator Render Hill; and each and every member's heart goes out to her loved ones during this most trying time.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit a suitable copy of this Resolution to the Honorable Render Hill.

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JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on State Planning and Community Affairs:

HB 317. By Messrs. Bond of the 32nd, Alexander of the 38th and Brown of the 34th: A Bill to be entitled an Act to amend an Act authorizing the impound ment of vehicles illegally parked on private property; and for other purposes.
The following Resolutions of the House were read and adopted:

HR 23. By Messrs. Savage of the 30th, Hays of the 1st, Brown of the 67th and others:
A RESOLUTION
Relative to designating the date of the presidential election a na tional holiday; and for other purposes.
WHEREAS, the electorate of this country should be afforded an adequate opportunity to vote in the presidential election held every four years; and
WHEREAS, most other countries in the world hold elections on Sunday, and the percentage of the electorate voting in such countries is much greater than it is in our country; and
WHEREAS, it is an injustice to the millions of working people in this country that they have to rush to the polls before or after work, stand in long lines and then rush through the actual procedure of voting; and
WHEREAS, since there are numerous holidays in this country on which we celebrate past accomplishments or recognize past heroes, it is the opinion of this Body that there should also be a national holiday once every four years at which time the people of this country could have a better opportunity to direct the future course of their country.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge the United States Congress to pass a law designating the date of the presidential election a national holiday so that the electorate of this country will have an adequate opportunity to vote.
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 President of the United States and each member of the Georgia Congressional Delegation.

THURSDAY, MARCH 1, 1973

1679

HR 185. By Messrs. Patten and Bostick of the 123rd, Smith of the 74th, Jessup of the 102nd and others:
A RESOLUTION

Urging the Department of Human Resources with the assistance of appropriate State officials to implement a program to better inform Georgia's senior citizens about the benefits to which they are entitled and the laws which are applicable to them; and for other purposes.
WHEREAS, Georgia's senior citizens are responsible for the progress that has been made by the State of Georgia and are one of Georgia's most precious resources; and

WHEREAS, many senior citizens are not able to easily acquire in formation regarding the benefits to which they are entitled and the laws which are applicable to them; and
WHEREAS, many of the questions that senior citizens could be answered by the publication of a brochure which briefly explains the laws applicable to older people and the benefits available to them; and
WHEREAS, the establishment of an information office and toll-free line at the Department of Human Resource to answer questions that senior citizens have about benefits to which they are entitled and laws applicable to them would be an outstanding tool for helping Georgia's senior citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby urges the Department of Human Resources to prepare a brochure explaining the laws applicable to Georgia's senior citizens and the benefits available to them and to establish a toll-free information line to an office in the Department of Human Resources which should be staffed with people who can answer any question that a senior citizen might have regarding the laws appli cable to him and benefits available to him.

BE IT FURTHER RESOLVED that all appropriate State officials shall take whatever action necessary to enable the Department of Human Resources to prepare said brochure and establish said toll-free line.

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 Governor and to the Commis sioner of Human Resources.

HR 272. By Messrs. McDonald of the 12th, Oxford of the 101st, Mulherin of the 81st and others:
A RESOLUTION
Creating the Tourism Study Committee; and for other purposes.
WHEREAS, the State of Georgia is now the second most popular of the thirteen southern states in tourism; and

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JOURNAL OF THE HOUSE,

WHEREAS, tourist and travel related industries are responsible for bringing into the State Treasury more than 72 million dollars in revenue, contributing more than 1 billion dollars to the economy of the State and giving jobs to more than 125,000 persons; and

WHEREAS, Georgia has more undeveloped sites of interest which are easily accessible to tourists passing through the State than any of her sister states; and

WHEREAS, many national and international organizations, as sociations and other groups annually hold meetings and conventions which are nationwide and worldwide in scope in states other than Geor gia at which the delegates and visitors spend millions of dollars; and

WHEREAS, the network of major interstate highways, railroad and airline routes in the State puts Georgia in a unique position to compete for such meetings; and

WHEREAS, extra efforts should be expended to attract even more tourists to Georgia because in no other area does the State get such a high return on its investment.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Tourism Study Committee, to be composed of seven Representatives to be appointed by the Speaker of the House of Representatives. The Committee shall be authorized to explore additional ways to promote the travel and tourist industry in this State. The Committee shall also be authorized to ini tiate such action as it may deem necessary to encourage international, national and regional associations and corporations to hold their conven tions in Georgia. The Committee is further authorized to consult with international, national, state and local tourism officials and to study such other matters as it may deem necessary to effectuate the purposes of this Resolution. The Committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to en able it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The mem bers of the Committee shall receive the allowances authorized for legis lative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1974 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

HR 273. By Messrs. Carlisle and Brown of the 67th: A RESOLUTION
Commending Mr. David P. Elder; and for other purposes. WHEREAS, during his eventful life, Mr. David P. Elder has pro-

THURSDAY, MARCH 1, 1973

1681

vided an inspiration to his community and State through his many con tributions to the civic, religious, economic and political life of his county and State; and

WHEREAS, Mr. Elder is a native of Spalding County and is the son of Mr. and Mrs. C. L. Elder; and

WHEREAS, after serving as a Lieutenant in the United States Army during World War II, Mr. Elder returned to Spalding County and became active in farming and soil conservation; and

WHEREAS, he has served as a County Commissioner of Spalding County, as President of the Federal Land Bank Association, as a "Min ute Man" for the Rural Electric Membership Association in Jackson, and is present'y serving en an education drug abuse committee; and

WHEREAS, he is married to the former Mildred Lindsay of At lanta, Georgia, and they have two fine daughters, Betty and Susan; and

WHEREAS, his dedication to his community and his selfless and gratuitous giving of time and energy have been freely shared with the people of Spalding County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. David P. Elder on his many outstanding contributions to the life of his com munity and State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. David P. Elder.

HR 274. By Messrs. Moyer of the 99th, Walker of the 100th and Waddle of the 98th:
A RESOLUTION
Commending the Houston County Civil Defense members; and for other purposes.
WHEREAS, during the recent storm which dumped 16" of snow over middle Georgia, certain Houston County Civil Defense members remained on the job throughout the storm; and
WHEREAS, such members worked diligently to keep the public informed and to coordinate emergency efforts in the county; and
WHEREAS, the dedicated members included the following: Thom as S. Wright, Capt. Michael T. Meeks, Capt. Marvin McLeod, Capt. William H. Newton, Lt. James F. Jones, Lt. John Grantham, Sylvester Ott, Celia A. Bales, Richard L. Bowyer, Ronald J. Brewer, David P.

1682

JOURNAL OF THE HOUSE,

Cory, Richard English, Raymond L. Foster, Grady M. George, Norman Swartzlander, W. O. Guy, Sr., David F. Hall, Paul Horst, James M. Howell, Dean Grogan, William T. Ruddy and W. Lee Brooks; and

WHEREAS, it is only fitting and proper that this Body recognize the outstanding contributions and dedicated effort of these individuals.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Hous ton Council Civil Defense members for their outstanding service to the people of middle Georgia during the recent snowstorm.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to each of the Houston County Civil Defense members who worked during the recent snowstorm in middle Georgia.

HR 275. By Messrs. Moyer of the 99th, Walker of the 100th and Waddle of the 98th:
A RESOLUTION
Commending the personnel of the Houston County Sheriff's Depart ment; and for other purposes.
WHEREAS, during the recent storm which dumped 16" of snow over middle Georgia, certain personnel of the Houston County Sheriff's Department remained on the job throughout the storm; and
WHEREAS, such personnel worked diligently to keep the public informed, to coordinate emergency efforts in the county and to protect private property; and
WHEREAS, the dedicated personnel included the following: H. Cullen Talton, Jr., Willie Lee Talton, Billy Eugene Rape, Jr., Jane S. Chapman, Larry Gene Snellgrove, Otis Lee Medley, William Gerald McCuan, Jack Willard Martin, Brenda J. Greer, Arthur Lee Harris, Jr., Harry Dean Dennard, James Jackson, Glenn T. Joiner, Aubrey Gaines Halstead, Joe Lamar Keene, Jesse Lee Jackson, Thomas G. Malone, James Raymond Stewart, Grady Alan Street, Terry Galen Maine, Rueben James McGhee, Julian W. Jones, Robert John Fisher, Jocelyn Margaret Stephenson, Linda Karla Pounds, Betty Jean McGee, Ralph Walter Horton and Ruby Hudgins Horton; and
WHEREAS, it is only fitting and proper that this Body recognizes the outstanding contrbiutions and dedicated effort of these individuals.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the per sonnel of the Houston County Sheriff's Department for their outstand-

THURSDAY, MARCH 1, 1973

1683

ing service to the people of middle Georgia during the recent snow storm.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to each person of the Houston County Sheriff's Department who worked during the recent snowstorm.

HR 276. By Messrs. Moyer of the 99th, and Waddle of the 98th:
A RESOLUTION
Commending the Warner Robins Civil Defense members; and for other purposes.
WHEREAS, during the recent storm which dumped 16" of snow over middle Georgia, certain Warner Robins Civil Defense members remained on the job throughout the storm; and
WHEREAS, such personnel worked diligently to keep the public informed and to coordinate emergency efforts in the community; and
WHEREAS, the dedicated members included the following: Ed S. Brown, Jamie Slay, Eddie Davis, Gary Bangert, Hurley Batts, John Caserio, Clarence Culpepper, Butch Dupree, Harry English, Samuel Gude, Steven Haller, Bert Bowen, Clifford Holmes, Raymond Hunter, Bruno Lewallen, Furney Mishoe, David Nelson, Soloman Pritchette, Billy Reed, J. W. Stewart, Alvin Taylor and William Wildes; and
WHEREAS, such members put in over 400 man hours in serving the people of Warner Robins and the surrounding community; and
WHEREAS, it is only fitting and proper that this Body recognize the outstanding contributions and dedicated effort of these individuals.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Warner Robins Civil Defense members for their outstanding service to the people of their community during the recent snowstorm.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to each of the Warner Robins Civil De fense members who worked during the recent snowstorm in middle Georgia.

HR 277. By Messrs. Hudson of the 115th, Bostick of the 123rd, Grantham of the 127th and Willis of the 119th:
A RESOLUTION
Expressing regret at the passing of Dr. Herman L. Dismukes; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, on February 13, 1973, the State of Georgia lost one of its finest and most distinguished citizens in the passing of Dr. Her man L. Dismukes of Ocilla, Georgia; and

WHEREAS, he was born November 29, 1908, the son of Dr. W. J. Dismukes who started the first hospital at Ocilla; and

WHEREAS, he began his practice of medicine in Ocilla in 1934 and won the hearts of Ocilla and Irwin County residents with his modest ways and devotion to duty; and

WHEREAS, an unknown number of residents in the Irwin County area were brought into the world with the aid of his skilled hands; and

WHEREAS, he was keenly interested in the affairs of his com munity and on January 2, 1973, had been sworn in for his seventh con secutive term as Mayor of Ocilla; and

WHEREAS, he served as a member of the City Council for 25 years; and
WHEREAS, he was active in fraternal and business affairs of his community as a Mason and a Shriner, as Director of the Irwin County Federal Savings and Loan Association and as President of the Bank of Ocilla; and
WHEREAS, he was highly regarded in the medical profession and was a member of the American Medical Association, the Georgia Medi cal Association, American College of Surgeons, International College of Surgeons and the Irwin-Ben Hill Medical Association; and
WHEREAS, he was listed in "American Men of Medicine" and in "Who's Important In Medicine"; and

WHEREAS, he was a dedicated husband and father.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest and most sincere regrets at the passing of Dr. Herman L. Dismukes.

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 his widow, Mrs. H. L. Dismukes; his daughter, Mrs. E. C. Ryals, III; and the City Council of Ocilla.

HR 278. By Mr. Mauldin of the 13th:
A RESOLUTION
Commending the Franklin County Junior High Girls Basketball Team; and for other purposes.
WHEREAS, the Franklin County Junior High Girls Basketball

THURSDAY, MARCH 1, 1973

1685

Team has recently won the Northeast Georgia Interscholastic Associ ation Tournament; and

WHEREAS, this remarkable team has compiled a 26-0 record over the past two seasons; and

WHEREAS, this great team has rightfully earned the reputation as one of this State's best teams; and

WHEREAS, it is a tribute to the athletic prowess and sportsman ship of the members of the "Cubs" that they have compiled so enviable a record; and

WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding ability.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Franklin County Junior High Schools Basketball Team for their many outstanding achievements and for winning the North east Georgia Interscholastic Association Tournament.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit appro priate copies of this Resolution to Coach Jim Bellamy and to Alice Hart, Dale Andrews, Mary Bellamy, Benet Wansley, Lynn Whiten, Lynn Frankum, Shelia Ginn, Suze Sullivan, Alice Ridgeway, Debra Vaughn, Ruby McCurry, Rhonda Rucker and Wendy Whitworth, members of the Franklin County Junior High Girls Basketball Team, and to the Frank
lin County Junior High School.

HR 279. By Mr. Chance of the 112th:
A RESOLUTION
Expressing sympathy at the passing of Mrs. Pearl Rahn Gnann; and for other purposes.
WHEREAS, the State of Georgia has recently lost one of its most distinguished citizens with the passing of Mrs. Pearl Rahn Gnann on August 8, 1972; at the age of 91; and
WHEREAS, she was born on March 31, 1881, on a farm in Effingham County near the Mount Pleasant Landing on the Savannah River, and was the daughter of Thomas Emanuel and Rebecca Morgan Rahn;
and
WHEREAS, she married William George Gnann on February 25, 1907, in Savannah, and they had 11 children; and

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JOURNAL OP THE HOUSE,

WHEREAS, she came of 100 percent Salzburger blood and was a direct descendant of Conrad Rahn, a Captain of the Ninth Company, Colonel Jones' Regiment of the Colonial Army, who settled at Ebenezer;

and

WHEREAS, from her earliest years Mrs. Gnann was extremely interested in the Salzburger settlers and Ebenezer history; and

WHEREAS, she collected and assembled a tremendous wealth of information on Salzburger families, and in 1956 published a book en titled Georgia Salzburgers and Allied Families which contained 30,000 names; and

WHEREAS, this outstanding book was reprinted in 1970 with an additional index of 15,000 names; and

WHEREAS, Mrs. Gnann was a leading spirit in the formation of the Georgia Salzburger Society in 1925; and

WHEREAS, her efforts were instrumental in the establishment of the Salzburger Museum at Ebenezer, and through her dedication the Salzburger Society has grown from a few members in 1925 to nearly 900 members in 1972; and

WHEREAS, she served from 1925 to 1967 as Archivist for the Society and served as Archivist Emeritus from 1967 until the time of her death.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regret at the passing of Mrs. Pearl Rahn Gnann, 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 Rahn Gnann and to the Georgia Salzburger Society.

HR 280. By Messrs. Blackshear of the 106th, Hill of the 110th, Ellis of the 107th. Triplett of the lllth and Chance of the 112th:
A RESOLUTION
Expressing regret at the passing of Rev. Eddie D. Brooks; and for other purposes.
WHEREAS, on Saturday, February 24, 1973, the State lost one of

THURSDAY, MARCH 1, 1973

1687

its finest citizens in the passing of Rev. Eddie D. Brooks of Savannah;

and

WHEREAS, he had been a minister in the Savannah area for a number of years and was dearly loved by his congregations; and

WHEREAS, he was the pastor of the First Baptist Church of Metter, the Fairmount Baptist Church, and the Thankful Baptist Church in Savannah; and

WHEREAS, he was President of the Baptist Ministerial Alliance, and Moderator of the Mt. Tabor Association; and

WHEREAS, his ministry to the people of this State has left an indelible mark on her people.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest and most sincere regrets at the passing of Rev. Eddie D. Brooks.

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 his widow, Mrs. Sadie Brooks; his son, Mr. Lawrence Brooks of Statesboro; his sister, Mrs. Geneva Jack son of Philadelphia; and his brothers, Mr. Calven Brooks, Mr. Alvin Brooks and Mr. Rubin Brooks of Philadelphia; and his brother, Mr. Jesse Brooks of Twin Cities.

HR 281. By Messrs. Savage of the 30th, Harris of the 51st, Noble of the 48th and others:
A RESOLUTION
Expressing regret at the passing of Dr. Fredric M. Tauber and Dr. William S. Crosby; and for other purposes.
WHEREAS, Dr. Fredric M. Tauber and Dr. William S. Crosby recently passed away as a result of an airplane accident in North Carolina; and
WHEREAS, Dr. Tauber and Dr. Crosby were two of the most respected members of the Georgia Dental Association; and
WHEREAS, they were very active in the religious, civic and public affairs of DeKalb County and were well-liked by everybody in their community; and
WHEREAS, the many outstanding contribution made by these dis tinguished and outstanding citizens will be sorely missed by the people of DeKalb County and the State of Georgia.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express its deepest and sincerest regrets at the passing of two of this State's most outstanding citizens, Dr. Fredric M. Tauber and Dr. William S. Crosby.

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 families of Dr. Fredric M. Tauber and Dr. William S. Crosby and to Dr. Charles Smith, President of the Georgia Dental Association.

The following Resolutions of the House were read and referred to the committees:
HR 282. By Mr. Larsen of the 27th:
A RESOLUTION
Creating the Environmental Education Study Committee; and for other purposes.
WHEREAS, it is important to the people of this State that an Environmental Education Plan be developed and implemented in the educational system of this State; and
WHEREAS, the people of this State are becoming concerned with environmental problems, but the State is not training people to pro perly understand and solve such problems; and
WHEREAS, it is only fitting and proper that we should have courses relating to protection of the environment in the public schools of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Environmental Education Study Committee, to be composed of eight members of the House of Representatives chosen by the Speaker. The Committee will make a comprehensive study of the feasibility of developing an En vironmental Education Plan for the State. The Committee may co ordinate its efforts with the Environmental Educational Planning Committe of the State Department of Education. The Committee may con duct such meetings at such places and at such times as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and pur poses of this Resolution. The legislative members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the legislative branch of government.
Referred to the Committee on Natural Resources.

THURSDAY, MARCH 1, 1973

1689

HR 283. By Messrs. Alexander of the 39th, Greer of the 43rd, Mrs. Hamilton of the 31st, and others:

A RESOLUTION

Relative to the enforcement of the law requiring motor vehicles to stop for school busses; and for other purposes.

WHEREAS, it appears that the enforcement of the law requiring motor vehicles approaching or overtaking a school bus loading or dis charging school children is difficult to enforce because many infractions of such law occur when no enforcement officer is present to observe such violation; and

WHEREAS, it appears that most arrests or citations for viola tions of such law occur when school children are put in danger of being injured or actually are injured and enforcement officers are summoned to the scene; and

WHEREAS, it appears there are instances where enforcement could be assisted by persons at the scene of a violation reporting such violations as a matter of course.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Metropolitan Atlanta Rapid Transit Authority now operating buses in Atlanta for the transportation of school children enro'led in the public schools is hereby urged to direct the operators of each 'such bus under its jurisdiction to note the motor vehicle registration number of any motor vehicle observed to violate the aforesaid law, together with as much of a complete description of the motor vehicle and of the operator thereof as they may make and report all such information forthwith to the Atlanta police or such other law enforcement agency as may have jurisdiction over the place where such violation occurs.

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 Metropolitan Atlanta Rapid Transit Authority.

Referred to the Committee on Motor Vehicles.

HR 284. By Mr. Larsen of the 27th:
A RESOLUTION
Relative to the Eastern Wilderness Omnibus Bills before Congress; and for other purposes.
WHEREAS, the Eastern Wilderness Omnibus Bills are before both House of Congress, which bills would include 61,500 acres of the Cohuttas in the National Wilderness Preservation System; and

1690

JOURNAL OF THE HOUSE,

WHEREAS, in order to assure that an increasing population and growing mechanization does not modify all areas within the United States, Congress should secure for the American people certain lands for protection and preservation of their natural condition; and

WHEREAS, in our rapidly changing environment, we need to preserve areas where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain; and

WHEREAS, past generations have been very wasteful of our na tural resources, and we should preserve for the American people of present and future generations the benefits of an enduring resource of wilderness.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby endorse the passage of legislation which will preserve additional areas in this country in their natural state.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby autohrized and directed to transmit appro priate copies of this Resolution to each member of the Georgia Con gressional Delegation.

Referred to the Committee on Natural Resources.

HR 285. By Messrs. Horton of the 43rd, Ritchie of the llth, Irvin of the 10th and others:
A RESOLUTION
Creating the Vital Areas Study Committee; and for other purposes.
WHEREAS, there are areas in this State which preservation and orderly development are of vital concern to all citizens of the State be cause of the substantial public investment which created them or their character as natural resources; and
WHEREAS, the General Assembly has established a Vital Areas Council to recommend specific vital areas in the State and to provide recommendations for a system of local and State partnership to ensure the balanced development of the areas; and
WHEREAS, those recommendations and deliberations of the Vital Area Council must be reviewed, revised, and considered by the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Vital Areas Study Committee to be composed of ten (10) members of the House of

THURSDAY, MARCH 1, 1973

1691

Representatives to be appointed by the Speaker of the House of Repre sentatives from the following Standing Committees and House Districts: two (2) members from the House Committee on State Planning and Community Affairs; two (2) members from the House Committee on Natural Resources; two (2) members from the House Committee on Agriculture; two (2) members chosen from those members of the House whose districts lie wholly or partly within the counties of Bryan, Camden, Chatham, Glynn, Liberty, and Mclntosh; two (2) members chosen from those members of the House whose districts lie wholly or partly within the counties of Rabun, Habersham, Towns, White, Union, Lumpkin, Fannin, Gilmer, Pickens, and Dawson.

The Committee shall review and consider the work of the Vital Areas Council as to the designation of areas of vital State concern and recommended regulations for those areas. The Committee shall hold such hearings as it shall deem proper and participate in the hearings of the Vital Areas Council as it deems fit.

The members of the Committee shall receive the allowances au thorized for legislative members of interim Committees, but shall receive the same for not more than twenty (20) days unless additional days are authorized by the Speaker of the House. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the govern ment. The Committee shall make a report of its findings and recom mendations to the 1974 Session of the General Assembly of Georgia.

Referred to the Committee on Natural Resources.

HR 286. By Messrs. McDonald of the 12th, Milford of the 43'rd, Mauldin of the 13th and others:
A RESOLUTION
Relative to the rate increase requested by the General Telephone Company; and for other purposes.
WHEREAS, the General Telephone Company of the Southeast has recently filed a request for a rate increase with the Georgia Public Service Commission; and
WHEREAS, the request for a rate increase will adversely affect the customers of the General Telephone Company by requiring such customers to pay substantial sums of additional user charges in order to satisfy such additional rates if authorized; and
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body respectfully requests the Georgia Public Service Commission to review the record of service to its sub scribers provided by the General Telephone Company and require, prior to the granting of any additional rate increase to said company, that

1692

JOURNAL OF THE HOUSE,

the General Telephone Company meet the minimum service standards provided by its competitors.

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 and every member of the Georgia Public Service Commission.

Referred to the Committee on Industry.

HR 287. By Mr. Geisinger of the 44th:
A RESOLUTION
Creating the Petroleum Products Safety Study Committee; and for other purposes.
WHEREAS, petroleum tank farms are presently unregulated in the State of Georgia; and
WHEREAS, the dangers posed by petroleum tank farms require immediate action by the General Assembly for the preservation of the peace, health and safety of the citizens of this State; and
WHEREAS, it is imperative that legislation be enacted to regulate the storage and distribution of petroleum products and to prescribe certain safety standards for petroleum tank farms.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Petroleum Pro ducts Safety Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker. The Com mittee shall conduct a thorough study of the laws of the other states, and, in connection therewith, the Committee is authorized to consult with such Federal, State, industry and safety officials as it deems neces sary to properly discharge its duties and responsibilities. The Com mittee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to fully and ef fectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Com mittee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government. The Com mittee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1974 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.
Referred to the Committee on Rules.

THURSDAY, MARCH 1, 1973

1693

HR 288. By Messrs. Berlin of the 89th, Hill of the 110th, Jones of the 109th and others:

A RESOLUTION

Urging the Federal Government to follow the prohibitions in the Constitution of the United States against preferences to ports of one State over those of another; and for other purposes.

WHEREAS, the Constitution of the United States provides in Article I, Section IX, Clause VI that:

"No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another"; and

WHEREAS, this clause has been interpreted to be a limitation upon the power of Congress to regulate commerce, for the purpose of producing entire commercial equality within the United States; and

WHEREAS, the ports of the State of Georgia have not received the same treatment as ports of other States in the United States in violation of the clear requirement of equality among the States con tained in the Constitution.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge the Fed eral Government to act in accordance with the provisions of Article I, Section IX, Clause VI of the United States Constitution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this resolution to the President of the United States Senate and to the members of the Georgia Congressional Delegation.

Referred to the Committee on State Institutions and Property.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bill of the House, to-wit:

HB 645. By Messrs. Buck and Pearce of the 87th, Thompson and Berry of the 86th:
A Bill to amend an Act entitled "An Act to provide certain minimum

1694

JOURNAL OF THE HOUSE,

standards prerequisite to the original incorporation of a municipality ", so as to provide that the provisions of this Act shall be inapplic able in certain counties.

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 395. By Messrs. Mulherin of the 81st, Alexander of the 39th, Blackshear of the 106th and others:
A Bill to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.

Mr. Mullinax of the 65th moved that HB 395 and all amendments and sub stitutes thereto be recommitted to the Committee on State Planning and Com munity Affairs for further study.
The motion prevailed and HB 395 was recommitted.
The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:

HR 172-648. By Messrs. Levitas of the 50th, Geisinger of the 44th, Knight of the 65th and others:
A Resolution to create the Metropolitan Atlanta Rapid Transit Overview Committee; and for other purposes.

The following Senate amendment was read:
Senate amendment to HR 172:
Amend HR 172 by adding on page 2, line 6 after the word "Senate," and before the word "the" the following:
"or his designee,"

Mr. Levitas of the 50th moved that the House agree to the Senate amend ment to HR 172-648.

On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 1, 1973

1695

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. M. Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bostick Bray Brown, C. Brown, S. P. Burruss Busbee Carlisle
Carr Carrell Castleberry
Chance
Clark
Cole Coleman Collins, M.
Collins, S.
Coney Connell Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dent Dickey
Dixon
Dollar Dorminy
Duke
Edwards Elliott
Ellis
Evans Ezzard Floyd, L. R.
Foster Fraser Geisinger

Gignilliat Grantham Greer Groover Hamilton Harden Harris, J. F. Harrison Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson
Jones Jordan Keyton
King Knight
Kreeger
Lambert
Lane, Dick
Lane, W. J. Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Lowrey
Marcus
Mason Matthews C. Mauldin
McDaniell
McDonald
McKinney
Miles Milford
Morgan
Moyer Mulherin
Mullinax Nessmith

Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers
Ross Russell, J. Russell, W. D. Sams
Savage Shanahan Shepherd
Smith, V. B.
Snow Stephens
Strickland
Sweat Toles
Triplett
Tucker
Turner
Twiggs Vaughn
Waddle Walker
Wall
Wheeler, Bobby
Wheeler, J. A. Whitmire
Williams Willis
Wilson, J. M.
Wilson, M. L. Wood

1696

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Harris.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. H. Alien . Bennett Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Burton Colwell Dean, J. E.

Dean, N. Egan Farrar Floyd, J. H. Grahl Harrington Hawes Hill, B. L. Horton Irvin, J. Larsen, G. K. Logan

Matthews, D . R. McCracken Murphy Phillips, G. S. Rush Smith, J. R. Thomason Thompson Townsend Ware Mr. Speaker

On the motion to agreed, the ayes were 144, nays 1.

The motion prevailed and the Senate amendment to HR 172-648 was agreed to.

Mr. Northcutt of the 68th arose to a point of personal privilege and address ed the House.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 152-604. By Messrs. Burruss of the 21st, Wilson of the 19th, McDaniell of the 20th and others:
A Resolution authorizing the State Properties Control Commission to lease certain real property located in Cobb County to the City of Marietta; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 1, 1973

1697

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Bray Brown, C. Brown, S. P. Burruss Burton Carlisle
Carr Carrell
Castleberry
Chance
Clark
Cole Coleman Colwell
Coney Connell
Daugherty Davis, E. T.
Davis, W. Dean, Gib
Dent, R. A. Dickey
Dixon Dorminy
Duke
Edwards Elliott
Ellis
Evans Ezzard
Floyd, L. R.
Foster Gignilliat
Grantham

Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson
Jordan Keyton King
Knight
Kreeger
Lambert
Lane, Dick
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis Logan Lowrey
Marcus Mason Matthews, C. Matthews, D. R.
Mauldin
McDaniell
McDonald McKinney
Miles
Milford
Morgan Moyer Mulherin
Mullinax
Nix

Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush
Russell, J.
Russell, W. D. Sams
Savage
Shanahan
Shepherd
Smith, V. B.
Snow
Stephens
Strickland
Sweat Toles
Triplett
Tucker
Turner
Twiggs
Waddle
Walker
Wall
Wamble Ware
Wheeler, Bobby
Wheeler, J. A. Whitmire
Williams Willis
Wilson, J. M. Wilson, M. L.
Wood

1698

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Brantley, H. L.

Lane, W. J.

Nessmith

Those not voting were Messrs.:

Alexander, W. H. Alien Bond Brantley, H. H. Brown, B. D. Buck Busbee Collins, M. Collins, S. Dean, J. E. Dean, N. Dollar

Egan Farrar Floyd, J. H. Fraser Geisinger Grahl Hawes Horton, G. T. Howell Irvin, J. Jones Larsen, G. K.

McCracken Murphy Patten Phillips, G. S. Smith, J. R. Thomason Thompson Townsend Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 143, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted.

Messrs. Brantley of the 92nd, Lane and Nessmith of the 76th stated that they had inadvertently voted "nay" but intended to vote "aye" on the adoption of HR 152-604.

HR 140-535. By Mr. Greer of the 43rd:
A Resolution authorizing and directing the Georgia Building Authority to provide parking spaces for members of the General Assembly during periods when the legislature is not in session; 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, J. H. Adams, John

Adams, Marvin Alexander, W. M. Alien

Atherton Bailey Bennett

Berlin Berry Blackshear Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, L. R. Foster Eraser Gignilliat Grantham Greer Groover Hamilton

THURSDAY, MARCH 1, 1973

1699

Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, R. Irwin, J. R. Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble

Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Beckham

Dixon

Larsen, W. W.

Those not voting were Messrs.:

Alexander, W. H. Bond Bostick

Brown, B. D. Burruss Carrell

Coleman Collins, S. Dean, Gib

1700
Dean, J. E. Farrar Floyd, J. H. Geisinger Grahl Harrington Hill, B. L. Horton, G. T.

JOURNAL OF THE HOUSE,

Howell Irvin, J. Jessup Larsen, G. K. McCracken McDonald Murphy Northcutt

Phillips, G. S. Ritchie Smith, J. R. Thomason Vaughn Wamble Wilson, J. M. Mr, Speaker

On the adoption of the Resolution, the ayes were 144, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 46. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to the coverage of tax commissioners, tax collectors or tax receivers under the Employees' Retirement System; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss

Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey

Dixon Dollar Dorminy Duke Edwards Elliott Ellis Evans Ezzard Floyd, L. R. Foster Fraser Gignilliat Grantham Groover Hamilton Harden Harris, J. F.

Harris, J. R. Harrison Hays Hill, B. L. Horton Howard Hudson Hutchinson Irvin, R. Irwin, J. R. Johnson Jones Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Mason Matthews, C. Mauldin McDaniell McDonald

THURSDAY, MARCH 1, 1973

1701

McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross

Rush Russell, J. Russell, W. D. Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Alexander, W. H. Alien Bennett Bond Bostick Brantley, H. H. Brown, B. D. Carrell Coleman Collins, S. Dean, Gib Dean, J. E. Egan Farrar Ployd, J. H.

Geisinger Grahl Greer Harrington Hawes Hill, G.
Horton, G. T. Howell Irvin, J. Jessup Jordan Knight
Larsen, G. K. Le vitas

Logan Marcus Matthews, D. R. McCracken
Murphy Sams Savage Smith, J. R. Thomason Thompson Townsend Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

1702

JOURNAL OF THE HOUSE,

SB 64. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, as amended, so as to correct the numbering of subsection (13) of Section 3; to make and clarify provisions relative to certain persons who were serving as Messenger or Doorkeeper of either of the two Houses; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N.

Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis
Evans Ezzard Ployd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Keyton

King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S.

Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan

THURSDAY, MARCH 1, 1973

1703

Shepherd Smith, V. B. Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn

Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wills Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Blackshear Bond Brantley, H. H. Brown, B. D. Burruss Carrell Collins, S. Dean, Gib Dean, J. E. Egan Elliott

Farrar Floyd, J. H. Grahl Hawes Hays Horton, W. L. Johnson Jones Jordan Knight Le vitas

Lewis Matthews, D. R. McCracken Murphy Northcutt Russell, W. D. Smith, J. R. Snow Thomason Wamble Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 942. By Messrs. Matthews, Logan and Russell of the 62nd: A Bill to be entitled an Act to amend an Act establishing the Georgia Higher Education Assistance Corporation, as amended, so as to change the maximum amount of loans that may be guaranteed for students by the 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 roll call was ordered and the vote was as follows:

1704

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 Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T.
Davis, W.
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Ellis
Evans

Ezzard Floyd, L. R. Fraser Gei singer Gignilliat Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McDaniell
McDonald
Miles
Milford
Morgan
Moyer
Mulherin

Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phililps, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs
Waddle
Walker
Wall
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

THURSDAY, MARCH 1, 1973

1705

Those not voting were Messrs.:

Adams, J. H. Brantley, H. H. Dean, Gib Dean, J. E. Elliott Farrar Floyd, J. H. Foster

Grahl Grantham Harrington Hawes Howell King Matthews, D. R. McCracken

McKinney Murphy Smith, J. R. Thomason Townsend Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 520. By Messrs. Mullinax of the 65th, Patten of the 123rd, Lewis of the 77th and others: A Bill to be entitled an Act to amend Code Section 47-1002, relating to the registration of attorneys and agents of parties interested in legislation, so as to change the registration fee; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Industry moves to amend HB 520 as follows: By adding in the title, on line 4 of page 1, between the word and
symbol "fee;" and the word "to", the following: "to change the period of time for which such registration shall
be valid;". By striking from Section 1, on line 12 of page 1, the following:
"one hundred ($100.00) dollars", and inserting in lieu thereof the following:
"twenty-five ($25.00) dollars". By striking from Section 1, on line 17 of page 1, the following:
"one hundred ($100.00) dollars", and inserting in lieu thereof the following:
"twenty-five ($25.00) dollars".

1706

JOURNAL OF THE HOUSE,

By renumbering Section 2 on page 2 as Section 3 and inserting a new Section 2 to read as follows:

"Section 2. Said Code Section is further amended by striking from subsection (a) the following:

'only one regular or extraordinary session of the legislature',

and inserting in lieu thereof the following:

'only one calendar year', or fraction thereof, so that when so amended, subsection (a) shall read as follows:

'(a) Every person representing, with or without compensation, any person, firm, corporation, association or organization for the purpose of aiding or opposing, directly or indirectly, the enactment of a bill, or bills, resolution or resolutions, by either House of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name, or names of the person, or persons, firm, or firms, corporation, or corpora tions, association, or associations, organization, or organizations, he represents. This registration shall be valid for only one calendar year or fraction thereof. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to promptly enter therein the names of the parties appearing, and on whose behalf they appear, which docket shall be open to inspection.' "

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon

Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman

Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Duke

Edwards Ellis Evans Ezzard Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jordan Keyton King Knight Kreeger

THURSDAY, MARCH 1, 1973

1707

Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Marcus Mason Matthews, C. Mauldin McDaniell McDonald Miles Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey

Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Alexander, W. M. Bostick Dean, J. E.

Hudson Lowrey

Matthews, D. R. Stephens

Those not voting were Messrs.:

Blackshear Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Clark Coney Dean, Gib Dorminy Egan

Elliott Farrar Floyd, J. H. Floyd, L. R. Grahl Harrington Jones Lane, W. J. Levitas McCracken

McKinney Milford Murphy Nessmith Smith, J. R. Thomason Vaughn Wamble Willis Mr. Speaker

1708

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 142, nays 7.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 438. By Messrs. Bennett of the 124th, Patten of the 123rd, Burton of the 47th and others:
A Bill to be entitled an Act to amend Code Section 34-401, relating to powers and duties of ordinaries in connection with primaries and elections, so as to change the provisions relating to the public announce ment of primary and election results; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 34-15, relating to the returns of primaries and elections, so as to provide that the superinten dent shall provide certain candidates with the returns of primaries and elections, by election district, for certain offices; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 34-15, relating to the returns of primaries and elections, is hereby amended by adding between Section 34-1508 and 34-1509 a new Section, to be known as Section 34-1508.1, to read as follows:
"34-1508.1. At the time specified in Section 34-1507, in the case of primaries, and at the time specified in Section 34-1508, in the case of elections, in which there are candidates for nomination or election to any county office or membership in the House of Representatives of the General Assembly, the superintendent shall provide each candidate, in each primary or election for such nomina tion or office, a copy of the consolidated return for such primary or election, by election district, for such offices. Any superintendent who shall fail to comply with the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

THURSDAY, MARCH 1, 1973

1709

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Ellis Evans Ezzard Floyd, L. R. Foster Fraser

Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer

Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B. Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

1710

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Blackshear Bohannon Bond Brown, B. D. Buck Castleberry Clark Dean, Gib Dean, J. E.

Edwards Farrar Floyd, J. H. Grahl Harrington Howell Larsen, W. W. McCracken McKinney

Murphy Russell, W. D. Smith, J. R. Snow Thomason Vaughn Wamble Williams Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to be entitled an Act to provide for the licensing of transient merchants; to provide for the procedure therefor; and for other pur poses.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for the licensing of transient merchants; to provide the procedures therefor; to allocate funds derived from such license fees; to provide for misdemeanor punishment under certain circumstances; to provide exceptions; 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. This Act shall be known as the "Transient Merchant Law of Georgia".
Section 2. The term "transient merchant" as used in this Act shall include all persons, firms, and corporations, both as principles and agents, who are not regular, retail or wholesale merchants with a permanent place of business in the State of Georgia, but who display samples, or model goods, wares or merchandise in any lot, building, room or structure of any kind for the purpose of securing orders for the retail sale of such items displayed, or others of like kind or quality, either for immediate or future delivery.

THURSDAY, MARCH 1, 1973

1711

Section 3. The provisions of this Act shall not apply to those persons, firms, or corporations making house to house or personal calls displaying samples or taking orders for shipment directly from a manufacturer, and shall not apply to industry or association trade
shows.

Section 4. It shall be unlawful for any transient merchant to engage in business in any county of this State without having first obtained a license in the manner herein provided.

Section 5. Any transient merchant desiring to transact business in any county in this State shall file in each such county application for a license for that purpose with the tax collector or the tax com missioner of those counties in which the duties of the tax collector are performed by a tax commissioner or with the county officer who issues business licenses. The application shall state the following facts:

(a) The name, residence and post-office address of the person, firm or corporation making the application, and if a firm or corporation, the name and address of the members of the firm or officers of the corporation, as the case may be.

(b) If the applicant is a corporation, then there shall be stated on the application form the date and state of incorporation.

(c) The kind of business to be conducted.

Section 6. At the time the application is filed, the applicant shall pay to the said tax collector, tax commissioner, or the county officer who issues business licenses, a license fee of three hundred dollars ($300). After the applicant has fully complied with all the terms of this Act, the said tax collector, tax commissioner, or other county officer shall issue a license to the applicant authorizing said applicant to transact the business as stated in the application. Such application shall not be transferable and shall be valid only in the county where issued. No particular form of license shall be required to be issued by said tax collector, tax commissioner, or other county officer. However, any license issued shall state the name of the person, firm or corpora tion which is licensed and the date the license was issued. The license required by this Act shall expire one year from the date it was issued.

Section 7. The duties and responsibilities imposed by this Act on the tax collector or tax commissioner of those counties in which the duties of the tax collector are performed by a tax commissioner are hereby made a part of the official duties and responsibilities of the said tax collector and tax commissioners of Georgia. All license fees collected under this Act shall be paid into the general fund of the county where said license is issued.

Section 8. Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

1712

JOURNAL OF THE HOUSE,

Section 9. This Act shall become effective immediately upon its approval or its otherwise becoming law.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Mr. Groover of the 75th moves to amend the Committee substitute to HB 455 by adding to Section 1 the following: "This Act shall not apply to the sale of agricultural products."

Mr. Harris of the 51st moves to amend the Committee substitute to HB 455 by striking "principles" in line 12, page 1, and inserting "principals".

The Committee substitute as amended was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Burton

Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey

Dollar Dorminy Duke Edwards Elliott Evans Ezzard Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison

THURSDAY, MARCH 1, 1973

1713

Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Marcus Mason

Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie

Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B. Stephens Thompson Toles Townsend Triplett Tucker Turner Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Dixon Gignilliat

Lowrey Russell, W. D.

Sweat

Those not voting were Messrs.:

Atherton Berry Bond Brantley, H. L. Brown, B. D. Buck Burruss Colwell Dean, Gib Dean, J. E. Egan Ellis

Farrar Floyd, J. H. Grahl Harrington Hawes Hill, B. L. Howell Levitas Lewis McCracken Morgan Murphy

Pearce Rainey Smith, J. R. Snow Strickland Thomason Twiggs Vaughn Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended the ayes were 138, nays 5.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

1714

JOURNAL OF THE HOUSE,

The Speaker announced the House recessed until 2:00 o'clock, P.M.

AFTERNOON SESSION
The House was called to order by the Speaker.
Mr. Busbee of the 114th 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 Bill of the House was again taken up for consideration:
HB 245. By Messrs. Brown of the 89th and Adams of the 36th: A Bill to be entitled an Act to provide that whenever any driver's license has been suspended or revoked pursuant to any provisions of any law, the holder of such a license must have successfully completed a safe driving course to be prescribed by the Commissioner of the Department of Public Safety; and for other purposes.
The following Committee amendment was read and adopted:
The House Motor Vehicles Committee offers the following amendment: Amend House Bill 245 by adding at the end of Section 1 on line
22 of page 1, the following: "Provided, however, that the provisions of this Act shall not
apply unless the Commissioner shall have made the course available to the driver in his home county or in a city within 20 miles of his home town during the period that said driver's license was suspended."
The following amendments were read and adopted:
Mr. Cole of the 6th moves to amend HB 245 by adding to line 22 the following:
"provided the driving course shall be made available by an agent of government and not a privately owned school.".

THURSDAY, MARCH 1, 1973

1715

Mr. Ware of the 65th moves to amend HB 245 by renumbering Sections 2 and 3 as Sections 3 and 4 respectively with the new Section 2 reading as follows:

Section 2. The safe driving course prescribed in Section 1 shall not require attendance in excess of three hours and such courses shall be offered after 6:00 o'clock, P.M. on days other than Saturdays and Sundays and between the hours of 8:00 o'clock A.M. and 6:00 o'clock, P. M. on Saturdays.

Mr. Brown of the 89th moves to amend HB 245 by striking from lines 6 and 18, page 1, the following word:
"successfully".

Mr. Johnson of the 68th moved that HB 245 and all amendments thereto be placed upon the table.

The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the roll rail was ordered and vote was as follows:

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, Marvin Beckham Berry Bohannon Bond Brown, B. D. Brown, C. Brown, S. P. Burton Carrell Castleberry Clark Cole Collins, S. Coney Connell Davis, E. T. Davis, W.

Dent Dickey Dixon Duke Egan Ellis Farrar Ployd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Harrington Harris, J. R. Hays Hill, G.
Horton, G. T.

Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jordan Kreeger Lambert Levitas Logan Marcus Matthews, D. R. McDaniell McDonald McKinney Miles Mover

1716
Mullinax Nix Noble Oxford Patten, G. C. Patterson Pearce Petro Phillips, L. L. Pinkston Ritchie

JOURNAL OF THE HOUSE,

Rogers Rush Russell, J. Russell, W. D. Sams Shepherd Smith, J. R. Smith, V. B. Snow Sweat Triplett

Vaughn Waddle Walker Ware Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, John Alexander, W. H.
Alien Atherton Bailey Bray Burruss Chance Collins, M. Colwell Dean, Gib Dean, N. Dorminy Floyd, J. H. Foster Groover

Harris, J. F. Harrison Hill, B. L. Irvin, J. Johnson Keyton King Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lowrey Mauldin Milford Morgan Murphy

Nessmith Northcutt Patten, R. L. Peters Rainey Roach Ross Shanahan Stephens Thompson Toles Tucker Turner Wall Wheeler, Bobby

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Bennett Berlin Blackshear Bostick Brantley, H. H. Brantley, H. L. Buck Busbee Carlisle Carr Coleman Daugherty Dean, J. E.

Dollar Edwards Elliott Evans Ezzard Hamilton Harden Hawes Jessup Jones Knight Lane Larsen, G. K. Lee, W. S. Lewis

Mason Matthews, C. McCracken Mulherin Odom Phillips, G. S. Reaves Savage Strickland Thomason Townsend Twiggs Wamble Willis Mr. Speaker

On the passage of the Bill, as amended, the ayes were 89, nays 46.

THURSDAY, MARCH 1, 1973

1717

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Alien of the 108th stated that he had inadvertently voted "nay" but in tended to vote "aye" on the passage of HB 245, as amended.

HB 257. By Messrs. Ware of the 65th, Wood of the 9th, Wall of the 61st and others:
A Bill to be entitled an Act to amend an Act providing immunity from civil liability to the owners of property who gratuitously permit any civil defense agency, board or other authority to utilize said property as a shelter, so as to provide said immunity to persons furnishing shelter during an actual or practice emergency attack; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee
Carlisle Carr Carrell
Castleberry Chance Clark

Cole Coleman Collins, M. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis
Evans Floyd, L. R. Foster
Fraser Gignilliat Grahl

Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jones
Jordan Keyton King

1718
Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax

JOURNAL OF THE HOUSE,

Murphy Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd

Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bailey Beckham Bennett Berlin Blackshear
Bostick Brantley, H. L. Burruss Collins, S. Colwell

Daugherty Dean, J. E. Elliott Ezzard Farrar Floyd, J. H. Geisinger Hamilton Hill, G. Howard Howell

Lee, W. J. (Bill) McCracken McDonald Noble Northcutt Petro Phillips, G. S. Thomason Twiggs Ware Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Messrs. Lane of the 40th and Adams of the 36th stated that they had inad vertently voted "aye" but intended to vote "nay" on the passage of HB 257.

HB 632. By Messrs. Patten and Reaves of the 124th, Collins of the 122nd and others:
A Bill to be entitled an Act to amend the Dealers in Used Motor Vehicle parts Registration Act, as amended, so as to provide that each applica-

THURSDAY, MARCH 1, 1973

1719

tion for a license shall show that the used parts dealer has obtained or has applied for a Sales Tax Number Certificate; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H.
Alien Bailey Beckham Bennett Berry Blackshear Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Dormmy Edwards

Egan Ellis Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harrison Hawes Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey

Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Rainey Ritchie Roach Rogers Rush Russell, J. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles

1720
Townsend Tucker Turner Waddle Walker Wall

JOURNAL OF THE HOUSE,

Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Dent

Dixon

Duke

Those not voting were Messrs.:

Alexander, W. M. Atherton Berlin Bohannon Brantley, H. L. Bray Chance Clark Colwell Davis, E. T. Elliott Evans Ezzard Parrar

Floyd, J. H. Grahl Groover Harris, J. F. Harris, J. R. Hill, B. L. Horton, W. L. Howell Jones Larsen, W. W. McCracken McKinney Murphy Noble

Petro Phillips, G. S. Pinkston Reaves Ross Russell, W. D. Shepherd Smith, J. R. Thomason Triplett Twiggs Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 136, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

HB 258. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wood of the 9th and others:
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, as amended, so as to authorize coverage of employees of local housing au thorities and other public authorities may be created by general, local or special Act of the General Assembly; 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 Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, approved March 31, 1965 (Ga. Laws 1965, p. 421), as amended, so as to

THURSDAY, MARCH 1, 1973

1721

authorize coverage of employees of local civil defense organizations; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the estab lishment of a Joint Municipal Retirement System, approved March 31, 1965 (Ga. Laws 1965, p. 421), as amended, is hereby amended by adding to the end of Section 2 thereof two new subsections, to be known as subsections (12) and (13), to read as follows:

"(12) 'Civil Defense Division' shall mean the Civil Defense Division of the Department of Public Defense of the State of Geor gia, as created by that certain Act known as the 'Georgia Civil De fense Act of 1951', approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended.

(13) 'Local civil defense organization' shall mean and include all those local organizations for civil defense established pursuant to that certain Act known as the 'Georgia Civil Defense Act of 1951', approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, by a municipal corporation, a county, a combination of one or more municipal corporations and/or one or more counties, or the Governor, or the Director of Civil Defense at the request of the Governor, but shall not be construed to include the Civil Defense Division of the Department of Public Defense."

Section 2. Said Act is further amended by adding a new Section to be known as Section 9e, to read as follows:

"Section 9e. The Civil Defense Division of this State, as herein defined, is hereby empowered to establish a retirement plan, which may include death benefits and disability retirement benefits for the employees, as herein defined, of the local civil defense organiza tions, as herein defined, and to implement such plan by contract with the Board of Trustees. The Board of Trustees is hereby au thorized, in its discretion, to contract with said Civil Defense Di vision to provide retirement and other benefits to employees of local civil defense organizations, and to exercise such other powers as may be necessary or incidental to carry out the purposes of this Act, as amended. Any local civil defense organization is hereby au thorized to contract with the Civil Defense Division to subscribe to said retirement plan as contemplated herein and to subscribe to and be bound by such contracts as are contemplated herein, and to pay the costs and benefits provided for therein from funds made available to them for such purpose in their respective budgets.

The local civil defense organizations shall each pay their re spective portions of the administrative costs of the Board in ad ministering the system.

1722

JOURNAL OF THE HOUSE,
The retirement plan established by the Civil Defense Division through contract with the Board of Trustees shall be subscribed to by mutual agreement between the respective local civil defense or ganizations and the Civil Defense Division.
Such plan may make reasonable classifications of employees and provide for the integration of such plan with social security benefits.
A plan enacted pursuant to this Section of this Act may pro vide for money purchase benefits or for fixed benefits, and such plan may provide for optional settlement benefits which are determined by the board to be actuarially equivalent to the primary retirement benefit provided in the respective contract. Any contract entered into pursuant to this Section which provided a fixed plan shall con tain a provision that such fixed benefits are to be provided, to the extent fixed in such plan, by the local civil defense organization and that the board does not guarantee the fixed amount. Such plan may provide for death benefits and disability retirement benefits in addition to retirement benefits.
Such plan may provide for the local civil defense organizations to pay the total contribution on behalf of their respective employees or to provide that a portion, not to exceed fifty percent (50%) of the contribution, be deducted from the salaries of participating employees.
The local civil defense organizations shall not have a voting right as provided for municipal corporations under Section 5 of this Act, nor shall any employee of such local organizations be eligible to serve on the Board of Trustees.
(1) The definition of 'Member Municipality' in Section 2(3) of this Act shall be interpreted to include the local civil defense organizations, except with respect to Section 9 of this Act.
(2) The definition of 'Employee' in Section 2(5) of this Act shall be interpreted to include any full-time salaried or hourly-rated employee of the local civil defense organizations.
(3) The definition of 'Participating Employee' in Section 2(6) of this Act shall be interpreted to include any employee of the local civil defense organizations for whom contributions to the retirement system are being made under a contract."
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.

THURSDAY, MARCH 1, 1973

1723

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Ellis

Floyd, L. R. Foster Eraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McKinney
Miles
Milford
Morgan

Moyer Mulherin Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson, J. K. Pearce Peters Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Tucker Turner Waddle Walker Wall Wamble Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

1724

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs. C. Brown and Townsend.

Those not voting were Messrs.:

Atherton Berlin Collins, S. Colwell Dean, J. E. Egan Elliott Evans Ezzard Farrar Floyd, J. H. Grahl

Harris, J. P. Hill, B. L. Horton, W. L. Howell Irwin, J. R. Johnson Jones Jordan McCracken McDonald Murphy Noble

Odom Petro Phillips, G. S. Pinkston Reaves Smith, J. R. Thomason Triplett Twiggs Vaughn Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 143, nays 2.

The Bill, having received the requisite constitutional majoirty, was passed.

HB 187. By Messrs. Savage of the 30th, Snow of the 1st, Harris of the 51st and others:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, as amended, so as to provide for the nonpartisan election of judges of the superior Courts, judges of the Court of Appeals and justices of the Su preme Court; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Title 34, relating to elections, as amended, so as to provide for the nonpartisan election of judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court of Georgia; to provide for the practices and procedures in connection with such nonpartisan election of judges and justices; to provide for a nonpartisan primary and the time of such nonpartisan primary; to provide for election ballots; to provide for the placing of candidates' names on election ballots; to provide for designations of in cumbency; to provide for instructions on ballots; to prohibit the nomina tion of candidates for the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court by political parties; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

THURSDAY, MARCH 1, 1973

1725

Section 1. Code Title 34, relating to elections, as amended, is here by amended by striking from Code Section 34-1001, relating to qualifica tion of candidates, the following:

"or, (6) incumbent qualifying as a candidate to succeed himself as prescribed in Section 34-1002 (c).",

and inserting in lieu thereof the following:

"(6) incumbent qualifying as a candidate to succeed himself as prescribed in Section 34-1002 (c) ; or, (7) filing a notice of can didacy for office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court as prescribed in Section 34-1002 (c).",'

so that when so amended, Code Section 34-1001 shall read as follows:

"Section 34-1001. Qualification of Candidates.--Candidates may qualify for an election as hereinafter prescribed by virtue of (1) nomination in a primary conducted by a political party; (2) filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Sec tion 34-1011; (3) nomination of presidential electors as prescribed by rules of political party; (4) substitute nomination of a political party or body as prescribed in Section 34-1003; (5) candidate in a special election as prescribed in Section 34-1002 (c) ; (6) incum bent qualifying as a candidate to succeed himself as prescribed in Section 34-1002 (c) ; or, (7) filing a notice of candidacy for the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court as prescribed in Section 34-
1002 (c)."

Section 2. Said Title is further amended by striking from subsec tion (c) of Code Section 34-1002, relating to filing notice of candidacy, the following:
"or, (iv) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office and which he seeks re-election, such incumbent accom panied his notice of candidacy with a nomination petition.",

and inserting in lieu thereof the following:
"(iv) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition; or (v) a candi date seeking election to the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court.",
so that when so amended, subsection (c) shall read as follows:

1726

JOURNAL OF THE HOUSE,

"(c) Each candidate shall accompany his notice of candidacy with a nominating petition in the form hereafter prescribed; except that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nomi nated candidates for President and Vice President of the United States; (ii) a nominee of a political party nominated in a primary; (iii) seeking office in a special election; (iv) an incumbent qualify ing as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition; or (v) a candidate seeking election to the office of judge of the superior court, judge of the Court of Appeals or Justice of the Supreme Court."

Section 3. Said Title is further amended by adding at the end of Chapter 34-10, a new Code Section to be designated Section 34-1016, to read as follows:
"Section 34-1016. Candidates for the Office of Judge of the Superior Court, Judge of the Court of Appeals or Justice of the Supreme Court.--Any qualified person seeking election as a judge of a superior court, judge of the Court of Appeals or justice of the Supreme Court of this State shall be nominated in a nonpartisan general primary to be held and conducted at the same time as the general primary in each even-numbered year. A nominating petition shall not be required to place the name of any such candidate on the ballot. Candidates for any such office may have their names placed on the ballot by filing a notice of candidacy as provided in Code Section 34-1002 (c) and by paying the requisite qualification fees as prescribed in this Title. The names of all candidates for the of fice of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court shall appear on a separate ballot from the names of candidates for other offices, and no party desig nation or affiliation shall appear beside the name of any candidate for any such office. The candidate receiving a majority of the votes in the general primary shall be designated as the nominee for any such office and shall be the only candidate for such office to have his name placed on the general election ballot. In the event that a candidate at such general primary election does not receive a ma jority of the votes cast for such office, the two candidates receiv ing the highest number of votes for such office shall have their names placed on the ballot at the general election, and shall be designated as the nominees for such office. No candidates for any such office shall be nominated by a political party. In the event that a candidate at such general election does not receive a majority of the votes cast for such office, a run-off election shall be held as provided by this Title."

Section 4. Said Title is further amended by adding a new subsec tion, to be designated subsection (h), at the end of Code Section 34-1103, relating to the form of official election ballots, as amended, to read as follows:
"(h) The names of all candidates seeking election as judges of

THURSDAY, MARCH 1, 1973

1727

the superior courts, judges of the Court of Appeals or justice of the Supreme Court who were nominated at the nonpartisan general primary shall be separated on the ballots from the names of candi dates seeking election to other offices. The placing of the names of such candidates on the ballot shall be designated by the Secretary of State. No party designation shall appear by the name of any such candidate. The incumbency of a candidate seeking election for the office of judge of the superior court, judges of the Court of Appeals or justice of the Supreme Court, which he then holds shall be indicated on the ballot. A separate cross or check mark must be placed in the square opposite the name of the candidate or candi dates for the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court for whom the elector wishes to vote. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. The Secre tary of State is hereby authorized to promulgate and adopt reason able rules and regulations necessary to insure that electors are sufficiently notified that elections for judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court are nonpartisan and that electors are properly instructed as to the correct procedure for vpting for the candidates for such offices."
/
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 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.

Alien Beckham Berry Bostick Bray-
Brown, C. Buck Carlisle Castleberry Clark Connell Daugherty Davis, E. T. Dickey Duke

Egan Ezzard Foster Gignilliat Hamilton Harris, J. R. Hawes Hays Hill, G. Horton Howard Hutchinson Jones Jordan Kreeger

Lambert Lane, Dick Larsen, G. K. Lee, W. S. Levitas Logan Marcus Matthews, C. Matthews, D. R. McDaniell McDonald Morgan Nix Odom Patten, G. C.

1728
Roach Rogers Russell, J. Russell, W. D. Sams

JOURNAL OF THE HOUSE,

Savage Shanahan Shepherd Snow Townsend

Turner Vaughn Walker Wheeler, J. A. Williams

Those voting in the negative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Bailey Bohannon Bond Brown, B. D. Brown, S. P. Burton Chance Cole Collins, S. Coney Davis, W. Dean, J. E. Dixon Dollar Dorminy Floyd, L. R. Fraser Geisinger Grantham

Greer Harden Harrington Harrison Hill, B. L. Hudson Irvin, J. Irvin, R. Jessup Johnson Keyton King Larsen, W. W. Lewis Lowrey Miles Milford Moyer Mulherin Mullinax Nessmith
Noble Northcutt

Oxford Patterson Pearce Peters Petro Phillips, L. L. Pinkston Ritchie Ross Rush Swith, V. B. Sweat Thompson Toles Tucker Waddle Wall Ware Wheeler, Bobby Whitmire Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Atherton Bennett Berlin Blackshear Brantley, H. H. Brantley, H. L. Burruss Busbee Carr Carrell Coleman Collins, M. Colwell Dean, Gib Dean, N. Dent

Edwards Elliott Ellis Evans Farrar Floyd, J. H. Grahl Groover Harris, J. F. Horton, G. T. Howell Irwin, J. R. Knight Lane, W. J. Lee, W. J. (Bill) Mason Mauldin

McCracken McKinney Murphy Patten, R. L. Phillips, G. S. Rainey Reaves Smith, J. R. Stephens Strickalnd Thomason Triplett Twiggs Wamble Willis Wilson, J. M. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 60, nays 68.

THURSDAY, MARCH 1, 1973

1729

The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Mr. Harris of the 51st 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 187, by substitute.
HB 383. By Messrs. Murphy of the 18th and Morgan of the 70th:
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 for the compen sation and expenses of superior court judges emeritus for performing certain duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackshear Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Buck Burton Busbee Carlisle Carr Chance Clark Cole Coleman Collins, M. Collins, S.

Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dollar Evans Foster Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton Hudson Hutchinson Irvin, J.

Irvin, R. Irwin, J. R. Jessup Keyton King Knight Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Mason Matthews, D. R. Mauldin McDaniell Miles Milford Morgan Moyer Mulherin Mullinax

1730
Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Pearce Peters Pinkston

JOURNAL OF THE HOUSE,

Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Smith, V. B. Snow

Stephens Thompson Toles Triplett Tucker Turner Waddle Walker Ware Wheeler, J. A. Wilson, M. L.

Those voting in the negative were Messrs.:

Brown, C. Dixon Ellis Floyd, L. R. Fraser

Johnson Larsen, G. K. Phillips, L. L. Sweat

Wall Wheeler, Bobby Whitmire Wood

Those not voting were Messrs.:

Alexander, W. H. Atherton Berlin Bohannon Bond Bray Brown, B. D. Burruss Carrell Castleberry Colwell Coney Daugherty Dean, J. E. Dorminy Duke Edwards Egan Elliott

Ezzard Farrar Floyd, J. H. Gignilliat Hamilton Hill, B. L. Hill, G. Horton, G. T. Howard Howell Jones Jordan Kreeger Marcus Matthews, C. McCracken McDonald McKinney

Noble Patterson Petro Phillips, G. S. Reaves Russell, W. D. Savage Smith, J. R. Strickland Thomason Townsend Twiggs Vaughn Wamble Williams Willis Wilson, J. M. Mr. Speaker

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.

On the passage of the Bill, the ayes were 111, nays 13.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 1, 1973

1731

By unanimous consent, HB 383 was ordered immediately transmitted to the Senate.

The following communication was received:
THE GENERAL ASSEMBLY Atlanta
March 1, 1973
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE EIGHTH CONGRESSIONAL DISTRICT
Pursuant to provisions of the Act reorganizing the State Highway Board (now State Transportation Board), approved January 25, 1963 (Ga. Laws 1963, p. 3), this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transporta tion Board from the Eighth Congressional District. Such caucus will be held in Room 341, State Capitol Building, Atlanta, Georgia on Tuesday, March 6, 1973, at 4:00 o'clock p.m. Members of the Senate from those Senatorial Districts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus. Mem bers of the House of Representatives from those Representative Dis tricts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus.
Sincerely yours,
/s/ Lester G. Maddox President of the Senate
/s/ Geo. L. Smith II Speaker, House of Representatives

Mr. Connell of the 80th 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.

1732

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 2, 1973

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. Earnest Dyal, Pastor, Watermellon Creek Baptist Church, Glennville, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Friday, March 2, 1973, and submits the following:

FRIDAY, MARCH 2, 1973

1733

HB

37. Criminal Justice Act, Indigents

HB 164. Insurance, Lending Institutions

HB 255. Deceptive Practices, Trade or Commerce (Reconsidered)

HB 360. Health & Welfare, Services, Revise HB 456. Total Divorce, Additional Ground HB 566. Electors, Provide Registration by Mail HB 580. Unif. Reciprocal Enforcement of Support Act HB 594. Public Lands, Rare Plants, Ban Removal HB 596. Freshwater Trout; Commercial Sale HB 737. Alcoholic Bev., Retail Sale Unbroken Packages

HB 750. Sales Tax, Political Subdivision Levying of HB 753. Youthful Offenders, Rehabilitation HB 754. Delinquent Children, Rehabilitation HR 200-776. Meriwether County, Convey Property HB 782. Emergency Vehicle, Flashing Red Lights HB 783. Printing, Copies & Cost of Certified Printing HB 799. Dept. of Natural Resources, Conservation Rangers HB 806. Cities & Counties, Hotel-Motel Tax Levy HB 812. Age of Majority, Clarification HB 815. Soil & Water Conservation Districts, Amend HB 848. Licenses, Define Term Motorized Cart HB 849. Highways, Define Motorized Cart HB 862. Guardians, Appointment of Successor Guardian HB 863. Guardian, Ordinary appoint Successor

HB 972. Animal Life, Protection of Rare Specimens

1734

JOURNAL OF THE HOUSE,

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 97th, Vice-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 1050. By Mr. Walker of the 100th:
A Bill to be entitled an Act to create and establish a telephone Authority for the City of Perry and to authorize such Authority to acquire and maintain such facilities to improve telephone systems; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1051. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, so as to change the salary of the mayor and aldermen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1052. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that a candidate for the Board of Education must run for a particular seat on said Board and that said candidate must get a majority of the votes cast for the seat which he is seeking; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1053. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that a candidate for Mayor or City Council must receive a majority of the votes cast to fill such public office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

FRIDAY, MARCH 2, 1973

1735

HB 1054. By Messrs. Ware of the 65th, Lowrey of the 15th and Bostick of the 123rd:
A Bill to be entitled an Act to provide minimum salaries for the tax collectors and tax commissioners of the various counties within the State to be paid from county funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1055. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of com pensation, so as to change the provisions relating to the compensation of the deputies and the part-time deputy; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1056. By Mr. King of the 85th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions, so as to provide relief from income taxes through a system of state income tax credits to individual taxpayers; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1057. By Mr. King of the 85th:
A Bill to be entitled an Act to amend the "Georgia Building Authority Act", so as to change the bonding capacity of the Authority; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1058. By Mr. King of the 85th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to create the Executive Board of the Georgia World Congress Center; to provide for the appointment of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1059. By Mr. Miles of the 79th:
A Bill to be entitled an Act to provide that the homestead of each resident of the Richmond County School District 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 edu-

1736

JOURNAL OF THE HOUSE,

cational purposes levied for and in behalf of such school system; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1060. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend Code Chapter 88-26, relating to 'Water Supply Quality Control, so as to repeal certain provisions re quiring notice and hearing prior to the denial, modification or revoca tion of certificates; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1061. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, so as to change the provisions relative to laying out and opening streets and widening streets; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1062. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act creating the McDuffie County Small Claims Court, so as to change certain of the costs prescribed for various proceedings in said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1063. By Messrs. Sams of the 83rd, Beckham of the 82nd, Connell of the 80th, Miles of the 79th and Lewis of the 77th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that the Recorder and Assistant-Recorder need not be qualified to vote for the Mayor of the City and members of the City Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1064. By Messrs. Elliott of the 49th, Burton of the 47th, Hill of the 41st and Noble of the 48th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to sell or furnish to any person a hypodermic syringe or needle except pursuant to a written prescription; and for other pur poses.
Referred to the Committee on Health and Ecology.

FRIDAY, MARCH 2, 1973

1737

HB 1065. By Mr. Geisinger of the 44th:
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 require the ordinary or the governing authority of each county or Municipality in this State, as the case may be, in which the sale of distilled spirits or spirituous liquors is not authorized to issue the call for an election to determine whether or not distilled spirits or spirituous liquors shall be sold in any such county or municipality; and for other purposes.
Referred to the Committee on Temperance.

HB 1066. By Mr. Matthews of the 62nd:
A Bill to be entitled an Act to authorize certain counties and all municipalities and other political subdivisions located wholly or partially within such counties to jointly provide for the centralization of their governmental facilities and operations; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1067. By Messrs. Horton of the 56th, Dollar of the 63rd, Russell of the 53rd, Savage of the 30th, Bostick of the 123rd, Hudson of the 115th, Elliott of the 49th and Irvin of the 23rd:
A Bill to be entitled an Act to amend Code Section 105-1302, relating to actions for the homicide of a husband or parent, so as to change the provisions relating to who is eligible to sue and recover for the homicide of a father or husband; and for other purposes.
Referred to the Committee on Judiciary.

HB 1068. By Mr. Horton of the 56th:
A Bill to be entitled an Act to amend the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to change the provisions relating to which political subdivisions may issue licenses for the sale of alcoholic beverages by the drink; and for other purposes.
Referred to the Committee on Temperance.

HR 289-1068. By Messrs. Horton of the 56th and Hudson of the 115th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of court costs and attorneys' fees as a part of just and adequate compensation in cases or in any type or types of cases, involving the taking or damage of private property for public purposes.
Referred to the Committee on Special Judiciary.

1738

JOURNAL OF THE HOUSE,

HB 1070. By Messrs. Dorminy of the 115th and Larsen of the 27th:
A Bill to be entitled an Act to provide for a comprehensive soil erosion and sediment control program; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1071. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes levied by certain county school districts (population not less than 90,000 and not more than 140,000) the homestead of any resident of any such county school district who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000 per annum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1072. By Mr. Jordan of the 58th:
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 1073. By Mr. Connell of the 80th:
A Bill to be entitled an Act to provide that the governing authority of Richmond County shall provide, within constitutional limitations, governmental services which shall be, as near as practical, equal and uniform throughout the territorial limits of Richmond County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1074. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for the counties of said Circuit; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1075. By Messrs. Ritchie of the llth and Irvin of the 10th: A Bill to be entitled an Act to amend an Act creating the State Court

FRIDAY, MARCH 2, 1973

1739

of Stephens County, so as to change the provisions relative to the terms of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1076. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act creating the State Court of Habersham County, so as to change the provisions relative to the terms of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1077. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, 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 1078. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the sale of city property; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1079. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide that the homestead of each resident of any county having certain populations (not less than 28,275 and not more than 29,650) who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemp tion from all ad valorem taxation for educational purposes.
Referred to the Committee on Ways and Means.

HB 1080. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compensa tion of Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1740

JOURNAL OF THE HOUSE,

HB 1081. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act fixing the salary for the Chairman of Commissioners of Roads and Revenue and the Com missioners of Roads and Revenue of Pike County, so as to increase the compensation of the Chairman of Commissioners and the Commissioners of Roads and Revenue; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1082. By Messrs. Bohannon and Patterson of the 64th:
A Bill to be entitled an Act to provide that the homestead of each resident of certain counties (population not less than 45,000 and not more than 50,000) 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; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1083. By Mr. Coleman of the 102nd:
A Bill to be entitled an Act to amend an Act prohibiting the sale, transporting or possession of fireworks, so as to provide that persons or firms conducting public exhibitions or displays of fireworks shall not be required to post a bond if such is approved by the State Fire Marshal; and for other purposes.
Referred to the Committee on Industry.

HB 1084. By Mr. Russell of the 53rd:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony for the support of a wife, or child or children to be revised, so as to authorize courts to modify permanent alimony decrees of courts of other states under certain conditions; and for other purposes.
Referred to the Committee on Judiciary.
HB 1085. By Mr. Russell of the 53rd:
A Bill to be entitled an Act to amend Code Section 30-127, relating to the custody of children in connection with the granting of divorces, so as to provide that in all cases of divorce granted, the court shall determine which of the parties shall have custody of the minor children of the marriage; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, MARCH 2, 1973

1741

HB 1086. By Messrs. Russell of the 53rd, Levitas of the 50th, Davis of the 56th, Horton of the 56th, Burton of the 47th, Floyd of the 56th and Dean of the 54th:
A Bill to be entitled an Act to create one additional judgeship within the Stone Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 1087. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend Code Section 114-107, relating to employers and employees to whom Code Title 114, the Workmen's Compensation Law, is inapplicable, so as to provide that said Code Title shall not apply to barbers or barber establishments; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1088. By Messrs. Knight, Ware and Mullinax of the 65th:
A Bill to be entitled an Act to amend the Charter for the City of Newnan, 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 1089. By Messrs. Knight, Mullinax and Ware of the 65th: A Bill to be entitled an Act to authorize any hospital in this State to pay the proceeds of any overpayment received by the hospital under the Medicaid Program to the surviving spouse; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1090. By Messrs. Knight, Ware and Mullinax of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan, so as to authorize the City to extend its water, sewerage and electrical distribution systems without and beyond the corporate limits of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1091. By Messrs. Knight, Mullinax and Ware of the 65th: A Bill to be entitled an Act to amend an Act incorporating the City of Grantville, 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 OP THE HOUSE,

HR 290-1091. By Mr. Harris of the 8th:
A Resolution authorizing the conveyance of certain State-owned real property located in Bartow County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1092. By Mr. Egan of the 25th:
A Bill to be entitled an Act to amend an Act providing for a uniform county commissioner's law, so as to provide that the county manager in certain counties shall be the chief administrative officer of the county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1093. By Messrs. Levitas of the 50th, Burruss of the 21st, Evans of the 89th, Petro of the 46th, Turner of the 3rd, Noble of the 48th, Coney of the 89th, Marcus of the 26th and others:
A Bill to be entitled an Act to provide for definitions; to provide for a declaration of purposes; to provide for the development of comprehen sive plans for the protection of any major stream which constitutes the primary source of public water supply in each standard Metropolitan Statistical Area of this State having a population of more than 1,000,000; to provide for the preparation of such plans by the Metro politan Area Planning and Development Commission established in each such area; to provide for public hearings; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1094. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for a single class license plate fee of $8 for all passenger vehicles, motorcycles, trailers and small trucks not ex ceeding 6,000 pounds in gross weight; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1095. By Mr. Horton of the 56th:
A Bill to be entitled an Act to amend Code Chapter 92-34, relating to the estate tax, so as to provide for the filing and time for filing of certain estate tax documents, to provide interest rates in certain instances; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1096. By Mr. Horton of the 56th: A Bill to be entitled an Act to amend an Act creating and requiring

FRIDAY, MARCH 2, 1973

1743

a comprehensive, uniform, state-wide system for the taxation of prop erty within this State so as to amend those provisions of said Act relating to the appointment and duties of Chief Appraiser; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1097. By Mr. Horton of the 56th:
A Bill to be entitled an Act to amend Code Section 92-5902, of the Code of Georgia of 1933, so as to provide that said Code Section shall not be applicable to those persons or companies doing a water business; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1098. By Mr. Davis of the 85th:
A Bill to be entitled an Act to amend Section 92-3102 of the Code of Georgia of 1933, so as to provide for the clarification of the nondeductibility of certain taxes paid by corporations; and for other pur poses.
Referred to the Committee on Wavs and Means.

HB 1099. By Mr. Davis of the 85th:
A Bill to be entitled an Act to amend Section 92-3303 of the Code of Georgia of 1933, so as to reduce from two years to 90 days the time within which taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1100. By Mr. Davis of the 85th:
A Bill to be entitled an Act to amend Section 92-3113 of the Code of Georgia of 1933, so as to provide for the clarification of the Three Factor Ratio so that the payroll factor conforms to the Uniform Division of Income for Tax Purposes Act and the Multistate Tax Com pact; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1101. By Mr. Davis of the 85th:
A Bill to be entitled an Act to amend Section 92-3002, of the Code of Georgia of 1933, so as to change the definition of the word "nonresident" for income tax purposes, to clarify the definition of the word "non resident"; and for other purposes.
Referred to the Committee on Wavs and 'Means.

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JOURNAL OF THE HOUSE,

HB 1102. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, so as to provide that the filing for record of a real estate instrument securing a long-term note without payment of the intangi ble tax in the manner prescribed by said Act shall not constitute legal notice to anyone except in those cases where the State Revenue Com missioner has determined such tax is not payable; and for other pur poses.
Referred to the Committee on Rules.

HB 1103. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to clarify the credit to be al lowed for returned property; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1104. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to require dealers found to be de linquent or otherwise in default under the Act to furnish a good and valid bond in a surety company; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1105. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that a levy on sub stantially all of the goods or equipment of a place of business may be preserved by closing the place of business; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1106. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that property used or retained in production shall be deemed not to have been sold in certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1107. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that a claim for refund

FRIDAY, MARCH 2, 1973

1745

shall constitute a waiver of the period of limitations for the taxable months for which the claim is filed; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1108. By Mr. Cole of the 6th:
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 when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50% of the tax bill; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1109. By Mr. Cole of the 6th:
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 increase the interest rate on delinquent taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1110. By Messrs. Buck of the 87th and Dixon of the 126th:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which may be imposed on malt beverages by munici palities and counties; and for other purposes.

HR 291-1110. By Mr. Mulherin of the 81st:
A Resolution authorizing the expenditure of certain sums of money by the Atlanta Metropolitan Rapid Transit Authority Overview Committee; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1111. By Mr. Waddle of the 98th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to define the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1112. By Mr. Marcus of the 26th:
A Bill to be entitled an Act to amend Code Section 59-202, relating to the number of grand jurors, so as to provide for two alternate grand jurors; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OP THE HOUSE,

HB 1113. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act making it unlawful for any motor vehicle to be operated with flashing or revolving blue lights and providing other restrictions relative to motor vehicle lights, so as to change the provisions relative to motor vehicles with flashing or re volving red lights; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1114. By Mr. Matthews of the 122nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, 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 1115. By Messrs. Morgan of the 70th and Hutchinson of the 114th:
A Bill to be entitled an Act to amend Code Chapter 66-1, relating to employment and wages, so as to provide that such payments may also be made by other forms of demand negotiable instruments or authoriza tion of credit transfer; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1116. By Messrs. McKinney of the 35th and Hill of the 110th:
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 every county or municipality where the sale of distilled spirits or alcoholic beverages is authorized may authorize the issuance of licenses to sell distilled spirits or alcoholic beverages on the premises; and for other purposes.
Referred to the Committee on Temperance.

HB 1117. By Mr. Kreeger of the 21st: A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Marietta, so as to remove the requirement that candi dates for mayor and council be freeholders of the City of Marietta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1118. By Messrs. Busbee of the 114th and Floyd of the 5th: A Bill to be entitled an Act to amend the Georgia Budget Act, Georgia

FRIDAY, MARCH 2, 1973

1747

Code Chapter 40-4, to comply with the constitutional requirement for an nual appropriations; and for other purposes.
Referred to the Committee on Rules.

HR 293-1118. By Messrs. Farrar of the 52nd, Jordan of the 58th, and Wheeler of the 127th:
A Resolution creating the Minimum Foundation Program of Education Study Committee; and for other purposes.
Referred to the Committee on Education.

HB 1119. By Messrs. McDaniell of the 20th, Howard of the 19th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act creating the State Building Administrative Board, so as to provide for definitions; to increase the membership of said Board; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1120. By Messrs. Murphy of the 18th, Busbee of the 114th and Roach of the 8th:
A Bill to be entitled an Act to amend Code Section 93-309, relating to the duties of the Georgia Public Service Commission in fixing just and reasonable utility rates of the Code of Georgia of 1933, so as to provide that in setting utility rates the Commission may consider the quality of service rendered; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1121. By Mr. Levitas of the 50th:
A Bill to be entitled an Act to amend Code Section 93-307.1 relating to the manner in which utility tariff changes may be implemented of the Code of Georgia, so as to provide that the provisions governing suspension of tariff amendments shall not apply where the Public Service Commission determines the overriding public interest; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1122. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1123. By Messrs. Hudson, Dorminy and Rainey of the 115th:
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 pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1124. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla in Irwin County, so as to provide that an officer or any person holding any office in said City shall not be required to vote at the election of said City in order to hold certain offices in said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 988. By Messrs. Kreeger of the 21st, Wilson, Atherton and Howard of the 19th:
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 corporate limits; and for other purposes.

HB 989. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Burruss of the 21st, Duke, McDaniell and Nix of the 20th and Atherton of the 19th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to provide the number of assistant solicitors of said court shall be the same as the number of judges of said court; and for other purposes.
HB 990. By Mr. Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to change the present corporate limits of said city to include therein certain territory in the County of Cobb con tiguous and adjacent to the existing boundaries of said City; and for other purposes.
HB 991. By Mr. Marcus of the 26th:
A Bill to be entitled an Act to amend Code Chapter 59-2, relating to

FRIDAY, MARCH 2, 1973

1749

general provisions for grand juries, so as to provide requirements for grand juries of certain counties (population of 600,000 or more) ; and for other purposes.

HB 992. By Mr. Marcus of the 26th:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for special purpose grand juries in certain counties (population of 600,000 or more) ; and for other purposes.

HB 993. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Griffin, so as to provide that the Board of Commissioners shall elect their own chairman; and for other purposes.

HB 994. By Messrs. Reaves of the 124th, Wamble of the 120th, Collins of the 122nd, Patten of the 124th, and Howell of the 118th:
A Bill to be entitled an Act to amend an Act relating to the exemption of property from taxation, so as to define the word "production" as applied to cattle and swine; and for other purposes.

HB 995. By Mr. Brown of the 67th:
A Bill to be entitled an Act to amend Code Title 56, the Georgia In surance Code, so as to provide that accident and sickness insurance policies delivered after a certain date in this State shall provide coverage for newborn children from the moment of birth; and for other purposes.

HB 996. By Messrs. Wheeler and Grantham of the 127th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, so as to change the compensation of the judge and solicitor of the State Court; and for other purposes.

HB 997. By Messrs. Burruss of the 21st and Groover of the 75th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, Sec tion 40-304, so as to provide that the Governor shall have the power to appoint his own secretaries and provide for other clerical personnel as needed; and for other purposes.

HB 998. By Mr. McKinney of the 35th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide a declaration of intent; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 999. By Messrs. Groover of the 75th and Lambert of the 97th:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties (population of not less than 5,750 and not more than 5,800) ; and for other purposes.

HB 1000. By Messrs. Horton of the 43rd, Ritchie of the llth, Irvin of the 10th, Mulherin of the 81st, Patten of the 123rd, Matthews of the 122nd, Knight of the 65th, Colwell of the 4th, Levitas of the 50th, Geisinger of the 44th, Dorminy of the 115th and others:
A Bill to be entitled an Act to create the Vital Areas Council; to pro vide for the members of the Council; and for other purposes

HB 1001. By Mr. Geisinger of the 44th:
A Bill to be entitled an Act to prohibit any wrecked from towing a wrecked or disabled vehicle on the interstate system more than the distance from the scene of the accident or the place where the vehicle became disabled to the first exit in certain metropolitan areas of this State; and for other purposes.

HB 1002. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to designate posts for the election of councilmen-atlarge; and for other purposes.

HB 1003. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to grant to the City the power to ac quire right-of-way or easement, purchase, construct, own, sell and oper ate and maintain a Cable Television System, both inside and outside the corporate limits of the City; and for other purposes.

HB 1004. By Messrs. Ware, Knight and Mullinax of the 65th:
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; and for other purposes.

HB 1005. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide for the salaries and compensa tion for the Mayor not to exceed $420 per annum, and each councilman not to exceed $300 per annum; and for other purposes.

FRIDAY, MARCH 2, 1973

1751

HB 1006. By Mr. Irvin of the 23rd:
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 by deannexing certain real property; to provide for the reannexation of said real property under certain conditions; and for other purposes.

HB 1007. By Mr. Irvin of the 23rd:
A Bill to be entitled an Act to provide for the transfer of property lo cated in the City of Roswell, owned by Fulton County, to the City of Roswell, if all the unincorporated area of North Fulton County is in corporated by a municipality or several municipalities other than the City of Roswell; and for other purposes.

HB 1008. By Messrs. Busbee of the 114th and Connell of the 80th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to Air Quality Control, so as to authorize the Department of Natural Resources to adopt regulations prohibiting the operation of any facility from which air contaminants are or may be emitted unless a permit has otherwise been obtained; and for other purposes.
HB 1009. By Messrs. Busbee of the 114th and Connell of the 80th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide conditions under which a permit to discharge sewage, industrial wastes or other wastes into the waters of the State may be revoked or modified; and for other purposes.
HB 1010. By Messrs. Busbee of the 114th and Connell of the 80th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to Air Quality Control, so as to delete the provisions providing that certain information obtained by the State under the authority of this Chapter shall not be admissible in evidence in private actions; and for other purposes.
HB 1011. By Mr. Atherton of the 19th: A Bill to be entitled an Act to authorize counties and certain munici palities to levy a local income tax; to provide for the administration and collection of such taxes; and for other purposes.

HB 1012. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax; and for other purposes.

1752

JOURNAL OF THE HOUSE,

HR 262-1012. By Messrs. Hudson of the 115th, Larsen of the 102nd, Lambert of the 97th, Mullinax of the 65th, Berlin of the 89th, Brown of the 89th and Grantham of the 127th:
A Resolution authorizing and directing the State Board of Education to televise the Georgia-Georgia Tech Football Game on the State Educa tional Television Network under certain conditions; and for other purposes.

HR 263-1012. By Messrs. Atherton and Wilson of the 19th, Duke, Nix and McDaniell of the 20th, Kreeger of the 21st and Burruss of the 21st:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County; and for other purposes.

HR 264-1012. By Messrs. Howell of the 118th, Nessmith of the 76th, Wamble of the 120th, Collins of the 122nd, Cole of the 6th, Lee of the 68th and Moyer of the 99th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the exemption from all ad valorem taxation certain tangible personal property in transit through this State stored in public warehouses for shipment outside the State; and for other purposes.

HR 265-1012. By Messrs. Howell of the 118th, Wamble of the 120th, Collins of the 122nd, Cole of the 6th, Lee of the 68th and Moyer of the 99th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of any county or municipal corpora tion to provide for the exemption from taxation all tangible personal property in transit through this State and all tangible personal property manufactured, processed or refined in this State and stored for ship ment outside the State; and for other purposes.

HB 1013. By Messrs. Geisinger of the 44th, Collins of the 45th, Elliott of the 49th, Noble of the 48th, Horton of the 56th and Irvin of the 23rd:
A Bill to be entitled an Act to prohibit certain motor vehicles from traveling on the interstate highways during certain hours and days in certain metropolitan areas of this State; and for other purposes.

HB 1014. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th, Adams of the 84th, Thompson of the 86th and Davis of the 85th:
A Bill to be entitled an Act to grant to Columbus certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.

FRIDAY, MARCH 2, 1973

1753

HB 1015. By Messrs. Triplett of the llth, Alien of the 108th, Jones of the 109th, Chance of the 112th, Gignilliat of the 105th and Ellis of the 107th:
A Bill to be entitled an Act to amend the "State Ports Authority Act", so as to change the provisions relative to the membership of said Au thority; and for other purposes.

HB 1016. By Mr. Harris of the 51st:
A Bill to be entitled an Act to provide an alternative method to the authorization for exercise of power of sale in deeds of trust, mortgages, and other instruments contained in Code Section 37-607, as amended; and for other purposes.

HB 1017. By Mr. Harris of the 51st:
A Bill to be entitled an Act to provide for the procedure by which a trustee may resign his trust; and for other purposes.

HR 267-1017. By Mr. Oxford of the 101st:
A Resolution authorizing the Secretary of State to procure an appropri ate plaque relative to the former Sumter County courthouse bell; and for other purposes.

HR 268-1017. By Messrs. Colwell of the 4th and Ritchie of the llth:
A Resolution authorizing the conveyance of certain property and the acquisition of certain other real property located in Habersham County; and for other purposes.

HB 1018. By Messrs. Dollar of the 63rd, Kreeger of the 21st, Noble of the 48th, Atherton of the 19th, Patterson of the 64th and Rainey of the 115th:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide that the Board of Natural Resources shall have all of the policy-making function previously vested in the Game and Fish Commission; and for other purposes.

HB 1019. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Atkinson County, so as to provide that the board of Commissioners may employ a clerk; and for other purposes.

HB 1020. By Mr. Sweat of the 125th: A Bill to be entitled an Act to amend an Act reincorporating the City

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JOURNAL OP THE HOUSE,

of Pearson in Atkinson County and creating a new charter for said city, so as to change the date for holding the regular election for the mayor and city councilmen; and for other purposes.

HB 1021. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to authorize the governing authority of Atkinson County to furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his office; and for other purposes.

HB 1022. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clinch County upon an annual salary, so as to change the compensation of said officer; and for other purposes.

HB 1023. By Messrs. Sams of the 83rd and Beckham of the 82nd:
A Bill to be entitled an Act to provide for the salary of the Judges of the State Courts in certain counties (population of not less than 145,000 and not more than 165,000) ; and for other purposes.

HB 1024. By Messrs. Sams of the 83rd, Beckham of the 82nd and Miles of the 79th:
A Bill to be entitled an Act to provide for the appointment of probation officers for State Courts in certain counties (population not less than 145,000 and not more than 165,000) ; and for other purposes.

HB 1026. By Mr. Connell of the 80th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Richmond County, so as to add additional members to the Board; and for other purposes.
HB 1027. By Mr. Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that the sentencing judge may order a hearing to determine the question of probating the balance of a sen tence of a defendant previously sentenced to a determinate period of imprisonment; and for other purposes.

HB 1028. By Messrs. Lee and Odom of the 114th: A Bill to be entitled an Act to amend an Act creating the Department

FRIDAY, MARCH 2, 1973

1755

of Public Safety, so as to clarify the power of arrest of the Uniform Division and the Division of Investigation and so as to authorize them to enforce in general the criminal laws when directed to do so by, and at the discretion of, the Commissioner or the Director respectively; and for other purposes.

HB 1029. By Mr. Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act providing for the distribu tion and allocation of the net proceeds derived from the taxes and licenses levied and collected by Cobb County and each municipality pursuant to the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to change the percentage of the proceeds allocated to education; and for other purposes.

HB 1030. By Messrs. Coleman of the 102nd and Smith of the 42nd:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to provide that the Director of Public Safety's revocation of operators' licenses for certain offenses shall become effective as of the time of receipt of the operator's license; and for other purposes.

HB 1031. By Mr. Levitas of the 50th:
A Bill to be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for the reduction of the amount due each local government from the collection of the tax imposed by deducting 1.25% of the amount due for administration and collection of said tax; and for other purposes.

HB 1032. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Title 67, relating to mortgages, conveyances to secure debt and lien, so as to change the pro visions relating to foreclosure of mortgages on personalty; and for other purposes.

HB 1033. By Mr. Savage of the 30th:
A Bill to be entitled an Act to amend Code Chapter 53-2, relating to marriage licenses, so as to authorize members of the General Assembly to perform marriage ceremonies; and for other purposes.

HB 1034. By Messrs. Chance of the 112th and Triplett of the lllth:
A Bill to be entitled an Act to amend an Act creating the State Court of Effingham County, so as to change the compensation provisions re lating to the solicitor of said court; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1035. By Messrs. Chance of the 112th and Triplett of the lllth:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to change and extend the corporate limits of the Town of Pooler; and for other purposes.

HB 1036. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend Code Section 67-117, relating to the procedure for cancellation of mortgages, so as to provide that mort gage cancellation shall be mandatory and shall be the responsibility of the mortgagee; and for other purposes.

HB 1037. By Messrs. Mulherin of the 81st and Petro of the 46th:
A Bill to be entitled an Act to amend an Act creating the Executive Board of the Georgia World Congress Center, so as to provide that the General Assembly shall approve the site selected for the location of the Center; and for other purposes.
HB 1038. By Messrs. Toles of the 16th, Lowrey of the 15th, Adams of the 14th, Alien of the 108th, Nessmith of the 76th, Bostick and Patten of the 123rd.
A Bill to be entitled an Act to amend the Dead Animal Disposal Act, so as to provide that the Maintenance Department of the Highway Di vision of the Department of Transportation shall remove and dispose of the carcasses of all dead animals found within the rights-of-way of all highways within the State maintained either totally or in part from State funds; and for other purposes.
HB 1039. By Mr. Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act providing for rural tele phone cooperative corporations and providing for rural telephone ser vice, so as to provide that rural telephone cooperative corporations may exercise certain powers within certain cities of this State; and for other purposes.
HB 1040. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to amend an Act changing the mode of com pensating the clerk of the superior court, sheriff, ordinary, and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the provisions relative to the compensation of said of ficers; and for other purposes.
HB 1041. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to create the Douglas County Charter Com mission; and for other purposes.

FRIDAY, MARCH 2, 1973

1757

HB 1042. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide that no municipal corporation or other political subdivision within Douglas County shall take any ac tion which may have an impact on all of the citizens of Douglas County unless such proposed action shall have been submitted to the appropriate county authorities and shall have been approved by the Board of Com missioners; and for other purposes.

HB 1043. My Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to be entitled an Act to reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said city; and for other purposes.

HB 1044. By Mr. Mason of the 59th :
A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the pro visions relative to the compensation of such officers; and for other purposes.

HB 1045. By Mr. Mason of the 59th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner, so as to change the provisions relative to the compensa tion of the tax commissioner; and for other purposes.

HB 1046. By Mr. Mason of the 59th:
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 compensation of the chairman of said Board; and for other purposes.

HB 1047. By Messrs. Mason of the 59th and Wall of the 61st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Snellville, so as to change the name of said Town to the City of Snellville; and for other purposes.

HB 1048. By Mr. Wilson of the 94th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, so as to change the compensation of the tax commissioner; and for other purposes.

1758

JOURNAL OP THE HOUSE,

HB 1049. By Messrs. Russell, Logan and Matthews of the 62nd and McDonald of the 12th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary, so as to change the amount which the sheriff shall be allowed as compensation for certain deputies and employees; and for other purposes.

HR 271-1049. By Messrs. Mason of the 59th and Wall of the 61st:
A Resolution proposing an amendment to the Constitution so as to au thorize and direct the governing authority of Gwinnett County to fix the compensation, which shall be paid from the funds of Gwinnett County, of certain officers; and for other purposes.

SB 12. By Senators Reynolds of the 48th and Riley of the 1st:
A Bill to be entitled an Act to amend an Act relating to the issuance of motor vehicle license plates, so as to provide that no motor vehicle shall be registered or a license plate issued unless proof of financial responsi bility is submitted to the tax collector or commissioner; and for other purposes.

SB 102. By Senator Broun of the 46th:
A Bill to be entitled an Act to repeal Code Chapter 23-9, relating to the county manager form of government; to provide that the General As sembly may create within certain counties the office of county man ager; and for other purposes.

SB 173. By Senator Fincher of the 54th:
A Bill to be entitled an Act to provide that public assistance paid to needy children is a supplement to the support provided by the respon sible parent; and for other purposes.

SB 257. By Senator Webb of the llth:
A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to provide for the transfer of the functions of the Geor gia Historical Commission and its Board of Commissioners to the De partment of Natural Resources; and for other purposes.

SB 272. By Senators Holloway of the 12th and Carter of the 14th:
A Bill to be entitled an Act to amend Code Section 40-404, so as to allow the Office of Planning and Budget to establish uniform regula-

FRIDAY, MARCH 2, 1973

1759

tions governing the reimbursement of travel and other business related expenses to employees and other State employees; and for other purposes.

SB 274. By Senators Holloway of the 12th and Carter of the 14th:
A Bill to be entitled an Act to define the term "State Retirement Sys tems"; and for other purposes.

SB 275. By Senators Coggin of the 30th, London of the 50th, Smith of the 34th and others:
A Bill to be entitled an Act to authorize the Governor, Lieutenant Governor, and Attorney General to promulgate rules and regulations pertaining to removal for cause of members of the Board of Pardons and Paroles, as provided in the Constitution; and for other purposes.

HB 1069. By Mr. Groover of the 75th: A Bill to be entitled an Act to amend Code Section 56-317.1, relating to administrative fines for certain acts of officers, employees, agents or representatives of insurers, so as to provide additional circumstances under which the Commissioner may impose a fine; and for other purposes.
Mr. Williams of the 9th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 949. Do Pass, as Amended.
HB 166. Do Pass, by Substitute.
Respectfully submitted, Williams of the 9th, Chairman.
Mr. Brown of the 67th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the fol-

1760

JOURNAL OF THE HOUSE,

lowing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 14. Do Pass.

HB 893. Do Pass.

HB 464. Do Not Pass.

HB 468. Do Pass, by Substitute.

SB 201. Do Pass.

Respectfully submitted, Brown of the 67th, Chairman.

Mr. Dixon of the 126th District, Vice-Chairman of the Committee on In surance, 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 800. Do Pass.
HB 442. Do Pass.
HB 155. Do Not Pass.
Respectfully submitted, Dixon of the 126th, Vice-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

30. Do Pass, as Amended.

FRIDAY, MARCH 2, 1973

1761

SR

12. Do Pass, as Amended.

HR

151. Do Pass.

HB

615. Do Pass.

HB

763. Do Pass.

HB

922. Do Pass.

HB

569. Do Pass.

HB 1028. Do Pass.

HB

947. Do Pass.

HB

886. Do Pass.

HB

946. Do Pass.

HR 201- 779. Do Pass.

HB

960. Do Pass.

SR

46. Do Pass.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Larsen of the 102nd District, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 198. Do Pass.
Respectfully submitted, Larsen of the 102nd, Vice-Chairman.

1762

JOURNAL OP THE HOUSE,

Mr. Bray of the 66th District, Vice-Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 626. Do Pass, by Substitute.

HB 979. Do Pass.

Respectfully submitted, Bray of the 66th, Vice-Chairman.

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation), 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 485. Do Pass. HB 535. Do Pass. HB 803. Do Pass. HB 836. Do Pass. HB 851. Do Pass. HB 872. Do Pass. HB 875. Do Pass. HB 876. Do Pass. HB 877. Do Pass. HB 878. Do Pass. HB 930. Do Pass.

FRIDAY, MARCH 2, 1973

1763

HB 934. Do Pass.

HB 935. Do Pass.

HB 940. Do Pass.

HB 941. Do Pass.

HB 944. Do Pass.

HB 429. Do Pass.

HB 430. Do Pass, by Substitute.

HB 1000. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Lane of the 76th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance 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 931. Do Pass.
HB 329. Do Pass, by Substitute.
Respectfully submitted, Lane of the 76th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 485. By Messrs. Jordan of the 58th, Collins of the 45th, Levitas of the 50th and others:
A Bill to be entitled an Act to provide that neither DeKalb County nor any incorporated municipality located wholly within DeKalb County shall

1764

JOURNAL OP THE HOUSE,

require any person employed by the county or any such municipality in the capacity of a fireman, to be on duty for more than 56 hours per week: and for other purposes.

The report 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 535. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to create the Peachtree City Water, Sewer age and Recreational Authority to authorize such Authority to ac quire and maintain projects embracing sources of water supply; and for other purposes.

The report 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 803. By Messrs. Connell of the 80th, Sams of the 83rd, Miles of the 79th and others:
A Bill to be entitled an Act creating a merit system in Richmond County for the employees of Richmond County, so as to provide that any elected official may request that his employees be placed under said merit 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 2, 1973

1765

HB 574. By Messrs. Wilson of the 19th, Nix of the 20th, Kreeger of the 21st and others:
A Bill to be entitled an Act to provide that the homestead of each resident of the Independent School District of the City of Marietta who is 62 years of age and has an income not exceeding $6,000 per annum, shall be granted an exemption from all ad valorem taxation for educa.tional purposes levied for and in behalf of such 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 575. By Messrs. Wilson of the 19th, Nix of the 20th, Kreeger of the 21st and others:
A Bill to be entitled an Act to provide that the homestead of each resident of Cobb County School District 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 for and in behalf of such 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 585. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation, so as to exempt certain municipalities from the provisions of said Code Section; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1766

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 586. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the use of fair market value as determined for county ad valorem tax purposes by municipal tax assessors, so as to provide for additional ex ceptions; and for other purposes.

The report 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 587. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to be entitled an Act to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation, so as to exempt certain municipalities from the provisions of said Code Section; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 976. By Messrs. Roach and Harris of the 8th, Colwell of the 4th and others: A Bill to be entitled an Act to provide for additional compensation for the assistant district attorney for the Blue Ridge Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 2, 1973

1767

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 836. By Mr. Grahl of the 88th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court for Crawford County, so as to change the provisions relative to the jurisdiction of said court, court cost and contempt of court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 851. By Messrs. Rainey and Dorminy of the 115th, Jessup and Larsen of the 102nd and Hudson of the 15th:
A Bill to be entitled an Act to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, as amended, so as to change the compensation of the official court reporter; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 872. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, as amended, so as to change the corporate limits of said City; and for other purposes.

1768

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 875. 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, as amended, so as to increase the salary 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 876. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to increase the clerical assistance allowance; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 877. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Catoosa County, as amended, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.

FRIDAY, MARCH 2, 1973

1769

The report 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 878. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to provide for hospitalization insurance for county 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 930. By Mr. Shanahan of the 7th:
A Bill to be entitled an Act to provide that certain of the grand juries of Gordon County shall review the compensation of the county officers and shall make recommendations to the governing authority relative thereto; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 934. By Messrs. Russell, Logan and Matthews of the 62nd and McDonald of the 12th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Barrow County, as amended, so as to repeal certain pro-

1770

JOURNAL OF THE HOUSE,

visions relative to dereliction of duty and removal of commissioners from 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.

HB 935. By Mr. Carr of the 90th: A Bill to change the compensation of the deputy sheriff of Glascock 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 940. By Messrs. Bostick and Patten of the 123rd: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Tift County, as amended, so as to change the compensation of the chairman of said board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 941. By Messrs. Bostick and Patten of the 123rd: A Bill to be entitled an Act to amend an Act creating a board of com-

FRIDAY, MARCH 2, 1973

1771

missioners of Tift County, as amended, so as to provide for a contingent expense allowance for the vice-chairman and members of said board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 944. By Mr. Fraser of the 117th:
A Bill to be entitled an Act to amend an Act supplementing the fees of the Ordinary of Liberty County, as amended, so as to change the com pensation of the clerk of the ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 960. By Messrs. Groover of the 75th, Smith and Adams of the 74th and Tucker of the 69th:
A Bill to be entitled an Act to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, as amended, so as to change the quali fications of the Assistant District Attorney; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

1772

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

SB 51. By Senators London of the 50th and Kidd of the 25th:
A Bill to provide for the compensation allowances of superior court judges and district attorneys; to provide for repeal of contingent ex pense allowance; to provide for matters relative thereto; to provide an effective date.

SB 259. By Senators Garrard of the 37th, Cox of the 21st, Howard of the 42nd and others:
A Bill 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 relating to places of detention of children; to provide for other matters relative thereto.

SB 313. By Senator Herndon of the 10th:
A Bill to amend an Act establishing a system of public schools in the City of Thomasville, as amended, so as to provide that citizens elect ed to the Board of Education for the City shall be chosen to fill seven distinct and designated posts.

SB 322. By Senator Summers of the 53rd:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Bade County, as amended, so as to change the pro vision relative to compensation of the Commissioner.

SB 323. By Senator Summers of the 53rd:
A Bill to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff.

SB 324. By Senator Summers of the 53rd:
A Bill to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of fee basis, as amended, so as to change the com pensation of the ordinary of Dade County.

FRIDAY, MARCH 2, 1973

1773

HB 81. By Messrs. Odom, Lee, Busbee and Hutehinson of the 114th and others:
A Bill to amend an Act establishing an annual salary for the Ordinary of Lee County in lieu of the fee system of compensation, so as to pro vide for a clerk and other clerical assistance for said Ordinary.

HB 487. By Mr. Phillips of the 103rd:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County, so as to repeal Section 16A of said Act authorizing the Board of Commissioners to pay an annual salary to the assistant to the tax commissioner.

HB 488. By Mr. Phillips of the 103rd:
A Bill to change the number of members of the Montgomery County Board of Education from five to seven; to provide that the additional two members shall be members at large.

HB 489. By Mr. Phillips of the 103rd:
A Bill to amend an Act creating the office of tax commissioner of Montgomery County, so as to change the compensation of the tax commissioner.

HB 490. By Mr. Phillips of the 103rd:
A Bill to amend an Act relating to the creation of the office of tax commissioner, tax receiver and county treasurer of wheeler County, so as to change the provisions relative to the compensation of the county treasurer of Wheeler County.

HB 491. By Mr. Phillips of the 103rd:
A Bill to provide for the employment of secretarial help for the Clerk of the Superior Court of Wheeler County.

HB 492. By Mr. Phillips of the 103rd:
A Bill to amend an Act establishing the City Court of Soperton, so as to change the salary of the judge of said court.

HB 493. By Mr. Phillips of the 103rd:
A Bill to provide for the yearly compensation for the Ordinary of Treutlen County, in addition to fees which he now receives.

1774

JOURNAL OF THE HOUSE,

HB 494. By Mr. Phillips of the 103rd:
A Bill to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system, so as to change the compensa tion of the sheriff and his deputy.

HB 513. By Messrs. Wheeler and Grantham of the 127th:
A Bill to authorize the Ordinary of Bacon County to appoint a fulltime secretary with the approval of a majority of the governing au thority of Bacon County.

HB 537. By Messrs. Collins and Matthews of the 122nd:
A Bill to amend an Act creating a new charter for the City of Camilla, so as to change the provisions relative to the corporate limits of said City.

HB 563. By Mr. Phillips of the 103rd:
A Bill to amend an Act abolishing the office of Tax Collector and Tax Receiver of Wheeler County, so as to provide that the Tax Commissioner may employ a clerk or assistant and that the salary of such clerk or assistant shall be fixed by the tax commissioner and paid from the county treasury.

HB 564. By Messrs. Rush of the 104th and Phillips of the 103rd:
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 solicitor of said court.

HB 565. By Messrs. Rush of the 104th and Phillips of the 103rd:
A Bill to provide for the election of the Board of Education of Toombs County shall be composed of five members.

HB 572. By Messrs. Snow of the 1st, Cole and Foster of the 6th and Hays of the 1st:
A Bill to amend an Act incorporating the City of Chickamauga, so as to change the corporate limits of said city.

HB 573. By Messrs. Snow of the 1st, Cole and Foster of the 6th and Hays of the 1st:
A Bill to amend an Act creating the State Court of Walker County,

FRIDAY, MARCH 2, 1973

1775

so as to change the compensation and the expense allowances of the judge and solicitor of said court.

HB 578. By Messrs. Brown, Dickey, Coney and Pinkston of the 89th, Groover of the 75th and others:
A Bill to amend an Act known as the "Bibb County Water and Sewerage Authority Act", so as to change the name of the authority; to change the membership of the Authority and provide for elected and appointed members thereof.

HB 633. By Mr. Floyd of the 5th:
A Bill to amend an Act placing the clerk of the Superior Court of Chattooga County upon an annual salary, so as to change the com pensation of the deputy clerk and to delete authorization for addi tional clerical help.

HB 636. By Mr. Floyd of the 5th:
A Bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to change the compensation of the deputy sheriffs and jailer.

HB 637. By Mr. Floyd of the 5th:
A Bill to amend an Act incorporating the city of Menlo, so as to authorize the Mayor to appoint a qualified person to serve as the judge of the Mayor's Court.

HB 638. By Mr. Floyd of the 5th:
A Bill to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner.

HB 639. By Mr. Floyd of the 5th:
A Bill to amend an Act creating the office of Commissioner of Chat tooga County, so as to change the compensation of the Commissioner and his clerk and the warden of the public works camp.

HB 653. By Messrs. Lambert of the 97th and Carrell of the 71st:
A Bill 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.

1776

JOURNAL OF THE HOUSE,

HB 654. By Messrs. Lambert of the 97th and Carrell of the 71st:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Morgan County into the office of Tax Commissioner of Morgan County, so as to change the compensation of the Tax Com missioner.

HB 655. By Messrs. Lambert of the 97th and Carrell of the 71st:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court Ordinary, Tax Collector and Tax Receiver on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court, deputies or other clerical assistants of the clerk, and the Ordinary of Morgan County.

HB 656. By Messrs. Lambert of the 97th, Mauldin, Milford and Wheeler of the 13th:
A Bill to amend an Act incorporating the City of White Plains, in the County of Greene, so as to change the corporate limits of the City.

HB 658. By Mr. Carr of the 90th:
A Bill 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.

HB 660. By Mr. Carr of the 90th:
A Bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County, so as to change the compensation of the clerk of the Superior Court of Washington County.

HB 661. By Mr. Carr of the 90th:
A Bill to create and establish a Small Claims Court in and for Washing ton County; to prescribe the jurisdiction of said Court.

HB 662. By Mr. Carr of the 90th:
A Bill to amend an Act creating a new charter and municipal govern ment for the Town of Riddleville, so as to increase the terms of office of Town officials.

HB 677. By Messrs. Wilson of the 19th, Kreeger of the 21st, Duke of the 20th, and others:
A Bill to amend an Act creating the Board of Commissioners of Cobb

FRIDAY, MARCH 2, 1973

1777

County, so as to change the provisions relative to the recall of the Chairman or members of the Board.

HB 685. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act incorporating the Town of Pineview, so as to authorize said town to dispose of certain portions of two public streets located within said town.

HB 690. By Messrs. Wheeler and Grantham of the 127th:
A Bill to amend an Act creating a new charter for the City of Blackshear, so as to change the date for holding city elections.

HB 441. By Messrs. Ware of the 65th, Wood of the 9th, Floyd of the 5th, Berlin of the 89th, Pearce of the 87th and others:
A Bill to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, so as to provide for the issuance of license plates free of charge to members of the National Guard.

HB 659. By Mr. Carr of the 90th:
A Bill to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the compensation of the sheriff, the chief deputy, the four regular deputies and the secretary to the sheriff.

HB 705. By Messrs. Vaughn of the 57th and Morgan of the 70th:
A Bill to amend an Act providing for a public defender for Rockdale and Newton Counties, so as to change the compensation of the public defender.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate and House, to-wit:
SR 112. By Senator Broun of the 46th: A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Oconee County to regulate pedestrian and vehicular traffic on the roads within the county which are maintained from the funds of Oconee County.

1778

JOURNAL OF THE HOUSE,

HR 149-596. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the abolishment . of the office of Coroner of Floyd County and to create the office of medical examiner.

HR 180-719. By Mr. Shanahan of the 7th:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to appropriate to HAND UP, INC. a sum not to exceed $5,000 per annum out of the public funds of said county.

HR 181-719. By Mr. Shanahan of the 7th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000 per annum out of the public funds of said city.

HR 87-280. By Mr. Rush of the 104th:
A Resolution authorizing and directing the State Department of Trans portation to designate a bridge in Tattnall County as the W.A. (At) Nail Bridge.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 27. By Mr. Jordan of the 58th: A Bill to amend an Act providing for additional investments for muni cipalities, counties, school districts and other local governmental units, so as to provide for additional investments in certificates of deposit of certain banks.
HB 152. By Mr. McCracken of the 77th: A Bill to amend Code Title 56, relating to insurance, so as to provide that applicants for surplus lines brokers licenses must be examined; to provide for special reserve for bail and judicial bonds.
HB 571. By Messrs. Snow of the 1st, Lee of the 114th, Hays of the 1st, and others: A Bill to amend Code Section 56-1504, relating to corporate charters for stock and mutual insurers.

FRIDAY, MARCH 2, 1973

1779

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 83. By Mr. Harris of the 51st:
A Bill to amend Code Chapter 4-2, relating to relations between prin cipal and agent, so as to change the provisions relative to the termi nation and revocation of an agency relation.

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

HB 40. By Mr. Greer of the 43rd:
A Bill to amend Code Section 109A-7-209, relating to lien of warehouse men, so as to provide for the effectiveness of a warehouseman's lien on household goods for charges and expenses in relation thereto.

HB 356. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to amend the "Georgia Business Development Corporation Act", so as to provide that no business development corporation shall be authorized to commence business until its articles are approved by the commissioner of Banking and Finance.

HB 413. By Mr. Harris of the 51st:
A Bill to provide to certain executors or trustees compensation for certain of their services.

SB 38. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A Bill to repeal Code Title 76, relating to peace warrants and behavior bonds, as amended, in its entirety.

SB 236. By Senator Coggin of the 35th:
A Bill to amend the "Uniform Reciprocal Enforcement of Support Act", so as to provide that the District Attorney shall represent the plaintiff under the provisions of said Act where the obligee is a dependent child or the obligees are dependent children.

1780

JOURNAL OF THE HOUSE,

SB 142. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to amend an Act providing for liability insurance for State employees operating State-owned motor vehicles, so as to provide for protection to those persons authorized by the Department of Offender Rehabilitation to operate State-owned vehicles from liability for damages.

SB 206. By Senator Doss of the 52nd:
A Bill to repeal Code Chapter 56-6, relating to special charges to the grand jury, as amended.

SB 227. By Senator London of the 50th:
A Bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, as amended, so as to require prior written approval by the Governor for certain contracts entered into by Area Planning and Development Commissions.

SB 232. By Senators Reynolds of the 48th, London of the 50th and Overby of the 49th:
A Bill to provide that it shall be unlawful for any person to loiter and remain upon the premises of any public school when such person has no legitimate need to be present thereon.

SB 304. By Senator Jackson of the 16th:
A Bill to amend Code Chapter 56-17, relating to hospital service non profit corporations, as amended, so as to provide that said corporations may contract with persons, firms and corporations to provide a system of comprehensive health care and may contract with providers of health care.

HB 280. By Messrs. Colwell of the 4th and Hawes of the 43rd:
A Bill to provide for the compiling of the Acts and Resolutions of the General Assembly.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:

SR 102. By Senator Holley of the 22nd:
A Resolution authorizing the conveyance of certain real property located in Richmond County, Georgia.

FRIDAY, MARCH 2, 1973

1781

SR 103. By Senator Holley of the 22nd:
A Resolution authorizing the conveyance of certain real property located in Richmond County, Georgia.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th, and others:
A Bill to amend an Act providing appropriations for the fiscal year 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, 1973.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 38. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
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.

SB 51. By Senators London of the 50th and Kidd of the 25th:
A Bill to be entitled an Act to provide for the compensation and allow ances of Superior Court Judges and District Attorneys; to provide for repeal of contingent expense allowances; to provide for matters relative thereto; and for other purposes.
Referred to the Committee on Retirement.

SR 102. By Senator Holley of the 22nd:
A Resolution authorizing the conveyance of certain real property located in Richmond County; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 103. By Senator Holley of the 22nd:
A Resolution authorizing the conveyance of certain real property located in Richmond County; and for other purposes.
Referred to the Committee on State Institutions & Property.

1782

JOURNAL OP THE HOUSE,

SR 112. By Senator Broun of the 46th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Oconee County to regulate pedestrian and vehicular traffic on the roads within the county which are maintained from the funds of Oconee County; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 142. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend an Act providing for liability insurance for State employees operating State-owned motor vehicles, so as to provide for protection to those persons authorized by the Department of Offender Rehabilitation to operate State-owned vehicles from liability for damages; and for other purposes.
Referred to the Committee on Insurance.

SB 206. By Senator Doss of the 52nd:
A Bill to be entitled an Act to repeal Code Chapter 59-6, relating to special charges to the grand jury; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 227. By Senator London of the 50th:
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 require prior written approval by the Governor for certain con tracts entered into by Area Planning and Development Commissions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

SB 232. By Senators Reynolds of the 48th, London of the 50th and Overby of the 49th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to loiter and remain upon the premises of any public school when such person has no legitimate need to be present thereon; and for other purposes.
Referred to the Committee on Education.

SB 236. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend the "Uniform Reciprocal En forcement of Support Act", so as to provide that the District Attorney

FRIDAY, MARCH 2, 1973

1783

shall represent the plaintiff under the provisions of said Act where the obligee is a dependent child or the obligees are dependent children; and for other purposes.
Referred to the Committee on Judiciary.

SB 259. By Senators Garrard of the 37th, Cox of the 21st, Howard of the 42nd and others: 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 relating to places of detention of children; and for other purposes.
Referred to the Committee on Human Relations.
SB 304. By Senator Jackson of the 16th: A Bill to be entitled an Act to amend Code Chapter 56-17, relating to hospital service nonprofit corporations, so as to provide that said corp orations may contract with persons, firms and corporations to provide a system of comprehensive health care and may contract with pro viders of health care; and for other purposes.
Referred to the Committee on Health and Ecology.
SB 313. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to provide that citizens elected to the Board of Education for the City shall be chosen to fill seven distinct and designated posts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 322. By Senator Summers of the 53rd: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, so as to change the provision relative to compensation of the Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 323. By Senator Summers of the 53rd: 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-

1784

JOURNAL OF THE HOUSE,

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.

SB 324. By Senator Summers of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

Mr. Harris of the 51st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 187. By Messrs. Savage of the 30th, Snow of the 1st, Harris of the 51st and others:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, as amended, so as to provide for the nonpartisan election of judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court; and for other purposes.

The motion prevailed and HB 187 was reconsidered.
By unanimous consent, HB 187 was recommitted to the Committee on State of Republic for further study.
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 913. By Mr. Geisinger of the 44th: A Bill to be entitled an Act to regulate the bail bond business in the State; to provide for a short title; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:

FRIDAY, MARCH 2, 1973

1785

HR 292. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:

A RESOLUTION

Recognizing and commending Mr. Ray Guy; and for other pur poses.

WHEREAS, Mr. Ray Guy, the son of Mr. and Mrs. B. F. Guy of Thomson, McDuffie County, Georgia, has received national recognition as an All-American football player at Southern Mississippi University;

and

WHEREAS, he is a graduate of Thomson High School where he was quarterback on the football team, during which time the team lost only one game in three years and won the Georgia State championship twice; and

WHEREAS, while at Southern Mississippi University he was the nation's leading punter with an average of 46.2 yards per punt; and

WHEREAS, he holds the NCAA record for the longest field goal in college football history, 61 yards, holds the fourth longest punt in collegiate history with 93 yards, and has had the best college punting career in NCAA history with a collegiate career average of 44.7 yards per punt; and

WHEREAS, he has been selected as Georgia's Outstanding Athlete of the Year, and was selected to play in the East-West Shrine Bowl Game and in the Senior Bowl Game this year; and

WHEREAS, he has been drafted as a pitcher by major league baseball teams every year since he finished high school and has been named to the All South Independent team for three straight years; and

WHEREAS, he has been elected as an All-American by the Foot ball Writers of America, has been selected as Walter Camp All-Ameri can, and is the first round draft choice of the Oakland Raiders; and

WHEREAS, he is married to the former Beverly Bentley.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend Mr. Ray Guy for his outstanding record of achievement as an athlete, and hereby extend to him their sincerest wishes for a long and successful career in professional sports.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Ray Guy.

1786

JOURNAL OF THE HOUSE,

HR 294. By Mr. Smith of the 91st:

A RESOLUTION

Wishing the Honorable Thomas B. Buck, III a happy birthday; and other purposes.

WHEREAS, the Honorable Thomas B. Buck, III, the distinguished Representative from the 87th District, is celebrating his 35th birthday today, March 2, 1973; and

WHEREAS, he was born in Columbus, Georgia, and is a graduate of Emory University and the Emory University School of Law; and

WHEREAS, this outstanding Democrat is known throughout Muscogee County and the State of Georgia for his many outstanding con tributions to the political, civic and social life of his community and State; and

WHEREAS, he is a member of the Kappa Alpha Order, Phi Delta Phi, Alpha Phi Omega, the Board of Directors of the South Columbus Boys Club, the Columbus Kiwanis Club, and many other professional, social and civic organizations; and

WHEREAS, during his service as a member of the United States Army Reserve, he was named "Outstanding Trainee of Basic Training Cycle"; and

WHEREAS, he has served with distinction, dedication and ability as a member of the House of Representatives since 1967; and

WHEREAS, he is known for his dedicated service and his sound approach to legislative matters in his service as Chairman of the Retire ment Committee and as a member of the Appropriations Committee and the Rules Committee of the House of Representatives; and
WHEREAS, his keen insight into the many complex issues which face the General Assembly make him a man whose sound advice and counsel are constantly sought by the members of this body; and

WHEREAS, it is only fitting and proper that the members of this body recognize this outstanding ladies' man on the occasion of his birthday.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby extend their sincerest best wishes to the Honorable Thomas B. Buck, III for a happy 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 Thomas B. Buck, III.

FRIDAY, MARCH 2, 1973

1787

The following Bill of the^House was taken up for the purpose of considering the Senate substitute thereto:

HB 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal year 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, 1973; and for other purposes.

The following Senate substitute was read:

A BILL

To be entitle an Act to amend an Act providing appropriations for the fiscal years 1972-73, known as the "General Appropriations Act", approved March 23, 1972 (Ga. Laws 1972, p. 298), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1973; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

An Act providing appropriations for the fiscal years 1972-73, known as the "General Appropriations Act", approved March 23, 1972 (Ga. L. 1972, p. 298), is hereby amended by striking certain appropriations and provisions relative to the fiscal year 1972-73 and inserting in lieu thereof new appropriations and provisions, and by changing the rev enue estimate so that it now shall read $1,349,000,000.00.

Section 1. Said Act is amended by striking Sec tion 4., relating to the Court of Appeals, in its entirety and inserting in lieu thereof the following:

"Section 4. Court of Appeals.

For the cost of operating the State Court of Appeals, including salaries and retirement contribu tions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each addi tional Emeritus position established during the fiscal year.

Operations F. Y. 1973

.---.....-..$

782,703.00."

1788

JOURNAL OF THE HOUSE,

Section 2. Said Act is further amended by strik ing Section 5., relating to the Superior Courts, in its entirety and inserting in lieu thereof the following:

"Section 5. Superior Courts.
For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges au thorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.

For payment of salaries, contingent expense al lowances, the payment of mileage and other expenses as may be authorized by law for the District At torneys, Assistant District Attorneys, and District At torneys Emeritus.
Provided, however, that the listed appropriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fis cal year.
Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per annum for each judgeship created by law during the 1972 session of the General Assembly.

Operations F. Y. 1973

............ .. ...

$ 4,985,000.00

Changed Object: Personal Services ......................... .....$4,680,000.00."

Section 3. Said Act is further amended by adding a new Section to be known as Section 6A., to read as follows:

"Section 6A. Judicial Qualifications Commission.
Operations
F. Y. 1973 ....... ........................_....................................$
Section 4. Said Act is further amended by strik ing Section 7., relating to the State Board of Education and Department of Education, in its entirety, and inserting in lieu thereof the following:

1,500.00."

FRIDAY, MARCH 2, 1973

1789

"Section 7. State Board of Education:

Department of Education

A. Operations F. Y. 1973

..................$

456,809,368

Changed Objects:
Personal Services ................ $14,906,355 Operating Expenses ........,,-........... $ 7,372,883

Grants--Non-MFPE:

Adult Education ......._...$ 2,161,000

Teacher Scholarships ._.._..--_.........$ 560,000

Preparation of Professional

Personnel in Education of

Handicapped Children ..._.........$ 120,894

Vocational Education--

High School Programs ........... $10,831,241

Adult and Post Secondary .__.__......$ 39,000

Area Vocational Technical

Schools ........................ ................. $21,295,700

Teacher Training and Research... $ 320,000

Local Administration and

Supervision .

..........$ 249,000

Manpower Development and

Training ...... .................................$ 3,154,000

Work Study .. ................................$ 103,000

Education of Children

of Low Income Families ........... $47,670,564

Grants for Institution and

Services for the Handicapped $ 944,859

Educational Training Services

for Mentally Retarded ..... .. ....$ 188,090

Teacher Retirement .......... $24,982,847

Supplementary Educational

Centers and Services ............... $ 4,050,855

Psychological Services ..................$ 48,000

Superintendents' Salaries ............$ 2,705,469

Driver Education .........................$ 300,950

Tuition for Multiple

Handicapped ..........................._...$ 145,000

In-Service Grants ........................$ 630,466

Supervising Teachers .... . ...........$ 154,000

Salaries and Travel of

Public Librarians

.............$ 1,938,648

Educational Television .... $ 56,000

Guidance, Counseling and

Testing .......................... ...........$ 200,000

Severely Emotionally Disturbed

Children .....................................$ 2,415,830

Public Library Services

and Materials ............................$ 1,979,725

1790

JOURNAL OF THE HOUSE,

Cooperative Educational Services Across County Lines $ 1,285,000
School Lunch Grants _________.____.__-_.$36,350,000 Public Library Construction _._.___.$ 1,184,000 Strengthening Instruction
in Critical Subjects ,,.,,...............$ 1,752,000 School Library Resources,
Textbooks and Others .._........._._.$ 1,900,000
Summer School Supervisory Program ......_____..__,,__.___,,...._.........$ 51,000
Instructional Assistance _____.__.___.$ 3,220,000 Purchase of Early Childhood
Development Services ______..____._.$ 6,040,000

Grants--MFPE:
Teacher Salaries--Section 11 -4244,209,775 Salaries of Other Certificated
Professional Personnel-- Section 12 ....._...._...._................_...$42,700,968 Special Education Teacher Salaries--Section 20 __-.______._.$19,704,884 Maintenance, Operation and Sick Leave ......_.___...__.__.__..__.._..._...$43,315,259 Travel .. ^ ........... ^....^ 1,306,476 Pupil Transportation ___...___.._._.___.fl8,430,470 Textbook Allotments .......__.._,,-___.? 5,878,811 School Library Books and Non-Consumable Materials _____.$ 1,600,301 Isolated Schools ...._..__,, __.._..-_-.$ 61,844 Mid-Term Adjustments ,,,,_-,,,,.___.$ -0-

Provided, that none of the State funds appro priated above may be expended to initiate or com mence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been autho rized by the General Assembly.

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 de ficient and to provide treatment for such children during pre-school years, and for the purpose of funding a kindergarten or preschool program for those chil dren in areas that qualify under Title IV funds pro vided the program has been approved by the General
Assembly.

Any such program shall be approved and moni tored by the State Department of Education, in co ordination with the Department of Human Resources.

It is expressly provided that none of these funds

FRIDAY, MARCH 2, 1973

1791

shall be used in connection with a child care services program by any existing or subsequently organized day care center, unless otherwise hereafter approved by the General Assembly.

Provided, however, that any child may be elig ible to participate in this program at the request of his parents and the payment of suitable fees.

Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teachers Retirement System ap plicable to such salary.

Provided, that of the above appropriation, $19,000 is designated and committed for payment to the Orange Grove Center for Mentally Retarded for Edu cational Training Services.

Provided, that the amount of $3,200,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the elementary grades in the form of additional certifi cated and/or non-certificated personnel to assist class room teachers in providing intensive instruction and training in order to enable all students to achieve in the various subject matter areas in accordance with their potential and abilities. Such personnel shall be made available to assist the classroom teachers. Such personnel shall be made available to Local School Sys tems within the limits of funds available by the State Department of Education on the basis of applications by the Local School Systems and a determination of critical need by the Local School System and the State Department of Education.

Provided, however, that independent school sys tems shall be eligible to participate in the acquisition of 'mini' buses for special education purposes.

Provided, that the amount of $370,000 is desig nated and committed for payment equally to the Carroll County Board of Education and the Lowndes County Board of Education for projects relating to the Severe ly Emotionally Disturbed Children Program.

Provided, that of the above appropriation, the amount of $56,000 is designated and committed for the Elaine Clark Center.

Provided, however, that from the above appro priation, relative to pupil transportation, such amount

1792

JOURNAL OF THE HOUSE,

as is necessary shall be used solely for the purpose of providing an increase of $125.00 per annum in the compensation of school bus drivers beginning the first day of the fiscal year 1973.

Provided, that the portion of the teachers' salaries withheld subsequent to November 15, 1972, as a result of action by the Federal Pay Board shall be paid in one lump sum to the local school systems no later than February 3, 1973.

B. Construction:

Capital Outlay F. Y. 1973 ......

_.f 154,300

Authority Lease Rental Payments to Georgia Education Authority (Schools)
F. Y. 1973 .........$

437,269

Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools)
F. Y. 1973 .......................................... $26,945,384

Grants Direct to School Systems for Capital Outlay Purposes
F. Y. 1973 ....................................... .____$ 1,671,723

Provided, that from the above appropriation for Grants to School Systems for Authority Lease Rentals to the Georgia Education Authority (Schools) the amount of $2,500,000 for F. Y. 1973 is designated and committed for additional Lease Rentals to said Autho rity to permit the issuance of bonds to finance new projects.

Changed Object: Capital Outlay

$252,629."

Section 5. Said Act is further amended by strik ing from Section 8, relating to the University System of Georgia, the following:

1973 ....

.....$

177,819,500",

and inserting in lieu thereof the following: "F. Y. 1973 ......._............_...__..__...._....._.

$ 179,066,041",

FRIDAY, MARCH 2, 1973

and by striking the following:

"Operating Expenses .-...-...-.-.-.....______.__--_,,____$

and inserting in lieu thereof the following:

"Operating Expenses _.........___...-_....__.___._......_______$

and by striking the following:

"Grants to Junior Colleges ..---_.__......--_........__..$

and inserting in lieu thereof the following:

"Grants to Junior Colleges ................ ^

and by striking the following:

"F. Y. 1973 .............................^

and inserting in lieu thereof the following:

"F. Y. 1973

.................. .^

and by striking the following:

"Capital Outlay

..._.......?

and inserting in lieu thereof the following:

"Capital Outlay .................._._...._......__.._...__............$

and by adding the following language:

"Provided, that of the above appropriation for Capital Outlay, $1,500,000 is designated and com mitted for the acquisition ef the Old University Hospital in Augusta, Georgia.

Provided, that of the above appropriation relative to Capital Outlay $500,000 is designated and committed for the purchase and installation of new radiological equipment at Eugene Talmadge Memorial Hospital."
Section 5A. Said Act is further amended by add ing at the end of Section 10, relating to Teachers Retirement System, the following language:
"The Teachers Retirement System shall be

173 52,229,850", 74,769,276",
2,280,000", 2,850,000", 2,250,000", 6,204,476", 3,750,000", 7,822,476",

1794

JOURNAL OF THE HOUSE,

authorized to raise its budget by up to $14,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report."

Section 6. Said Act is further amended by strik ing Section 12, relating to the Department of Human Resources, in its entirety and inserting in lieu thereof the following:

"Section 12. Department of Human Resources.
A. Operations F. Y. 1973 .._.........._......_................................._.........$ 256,160,026

Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed to begin a Statewide Hemophilia Treatment Program.

Provided, that of the above appropriation relative to Operations, $1,000,000 is designated and committed for Grants for County-owned Detention Centers.

Provided, that of the above appropriation, $22,000 is designated and committed for the purpose of hiring eighteen additional employees at Central State Hos pital for the operation of the laundry facility. Pro vided, further, that the use of existing personal serv ices surplus at Central State Hospital is hereby au thorized for the purpose of hiring thirty-two additional employees for the operation of the laundry facility.

Provided, that of the above appropriation, $25,000 in State funds is designated and committed for pay ments for the treatment of cystic fibrosis.
Provided, that for the purpose of receiving Fed eral matching funds under Titles XVI, XVIII and XIX of the Social Security Act, each budget unit listed in this Section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to eligible reci pients; and shall have authority to use Titles XVI, XVIII and XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for F. Y. 1973 for operating expenses and additional personnel as necessary to meet requirements for payment or reim bursement, subject to being approved by the Office of Planning and Budget.

FRIDAY, MARCH 2, 1973
Provided, however, that when patients are trans ferred from the State institutions to the Adult Foster Care Program, the Office of Planning and Budget is authorized to transfer from the respective institution budgets to the Administration-Division of Mental Health activity amounts sufficient to defray the cost to the State of Adult Foster Care payments entailed by such patient transfers.
Provided, that of the above appropriation, $100,000 is designated and committed for the direct support of the stroke-screening program of the Community Cardio-vascular Council in Savannah.
Provided, that Central State Hospital is hereby authorized to utilize all Medicare and Medicaid re ceipts in excess of the amount contemplated in this Appropriation Act to improve the quality of patient care at the ward level.
B. Construction:
Authority Lease Rentals
F. Y. 1973 .. ...... .............. ._____..___._______ _..________...__$
Capital Outlay
F. Y. 1973 .......................... ....._.._......_..._...._.....$
Provided, that of the above appropriation, rela tive to Capital Outlay, $200,000 is designated and com mitted for the construction of an All-Faiths Chapel at Gracewood State School and Hospital, and $50,000 is designated and committed for planning costs asso ciated with the renovation of the Freeman Building at Central State Hospital.
Changed Objects:
Personal Services .. .._......_............ $119,767,807 Operating Expenses ..........._........_.._..$ 49,804,596 Authority Lease Rentals .. .._._______._._.$ 5,545,000 Capital Outlay ........._........._.......__.$ 3,675,985 Grants to Counties .... . ....._..........._..$ 37,930,000 Grant for Kidney Program ............_...$ -0Grants for Health Services ............._. $ 17,772,176 Grants for Mental Retardation
to supplant Federal funds ........... $ 3,500,000 Benefits: Medical Assistance _______ $168,634,398
Provided, that of the above appropriation, rela tive to Capital Outlay, $18,600 is designated and com mitted for renovation of the chapel at Northwest Georgia Regional Hospital at Rome.

1795
5,545,000 2,784,100

1796

JOURNAL OP THE HOUSE,

Provided, that of the above appropriation rela tive to Capital Outlay, $1,500,000 is designated and committed for the construction of a new steam plant at Central State Hospital.

Provided, that of the above amount relative to Capital Outlay, $580,000 is designated and committed for use at Gracewood State School and Hospital for completion of a chapel, roof renovations and boiler and air-conditioning improvements.

Section 7. Said Act is further amended by strik ing Section 13., relating to the Department of Of fender Rehabilitation, in its entirety and inserting in lieu thereof the following:

"Section 13. Department of Offender Rehabilitation.
A. Operations F. Y. 1973
B. Construction
Capital Outlay F. Y. 1973 .......
Authority Lease Rentals F. Y. 1973 _....._........_......_..

$ 22,692,916
..$ 10,180,500
840,000

Provided, that of the above appropriation, relat ing to Capital Outlay, $30,000 is designated and com mitted to construct and equip a building for a sign plant at Mt. Vernon Prison.

Provided, that of the above appropriation, $15,000 is desginated and committed for a barn and fencing at the Georgia Diagnostic and Classification Center, and the following amounts are designated and com mitted for buildings at the following locations:
Chatham Branch .............. .... ................ $35,000 Georgia Diagnostic and
Classification Center .............................. $27,000 Walker Branch ... ............................ $35,000 Lee County Branch ................ ............. $27,000

Provided, that of the above appropriation rela tive to Capital Outlay, the following amounts are de signated and committed for the purposes shown thereby:

FRIDAY, MARCH 2, 1973
Renovation of plumbing facilities at Georgia State Prison at Reidsville ._.,,....._......._._._.............. ............. $130,000
Modifications and improvements to water supply system at Georgia Industrial Institute at Alto .....,,..$ 75,000
Construction of employee housing facilities at Georgia Industrial Institute at Alto ^..^_._^_^__.____.^_______
Provided, that of the above appropriation rela tive to Capital Outlay, $7,500 is designated and com mitted for the purchase and installation of electronic surveillance equipment at the Georgia Diagnostic and Classification Center in Butts County.
Provided, that of the above appropriation relative to Capital Outlay, $4,700,000 is designated and com mitted for the purpose of constructing and equipping the West Georgia Community Correctional Center.
Changed Objects:
Personal services ...... ....._...-..-..............$17,975,908 Operating Expenses ......,,...,,_...___.,,_..$ 9,369,080 Capital Outlay _._.________.___..___.___._.___.___ $10,300,500 Authority Lease Rentals ................$ 840,000."
Section 8. Said Act is further amended by strik ing Section 15., relating to the Department of Trans portation, in its entirety and inserting in lieu thereof the following:
"Section 15. Department of Transportation.
A. Appropriation of all funds in subsection A., B., and C. of this Section shall be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Depart ment of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal of ficers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the im mediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.

1797

1798

JOURNAL OF THE HOUSE,

For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

For lease rental obligations of the Department of Transportation to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to per mit the issuance of bonds to finance new projects.

For State matching participation in costs of con struction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds ap propriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and sur veys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county con tracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, how ever, that funds shall be allocated to matching all Fed eral funds prior to the allocation of any fund for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects the Office of Planning and Budget is hereby authorized and directed to give advanced budge tary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Depart ment of Transportation.

Operations (including Capital Outlay)

F. Y. 1973 _.

_

....._...__._.......$ 174,592,153.50

Construction:

Authority Lease Rentals

F. Y. 1973

.__._--.__._$

24,878,000

FRIDAY, MARCH 2, 1973

B. Grants to Counties. For grants to counties for aid in county road construction and maintenance. Grants shall be distriibuted and disbursed by the Fis cal Division of the Department of Administrative Services as provided by law.

F. Y. 1973 ..

_............$

C. For grants to counties for aid in county road construction and maintenance.
F. Y. 1973 ......._........... .........__._____._____.._-_-_-_-....-.$

The sum appropriated under C. shall be distri buted and disbursed to the various counties by the State by the Fiscal Division of the Department of Admin istrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.

Provided, further, that a member of the govern ing authority of the county, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and the file the same with the Director of the Department of Transportation. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

D. Grants to municipalities for Capital Outlay. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

F. Y. 1973 .

..... . .. ...... ....... ... .....$

Provided, further, that a member of the govern ing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Depart ment of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

1799 4,817,013.03 4,500,000
9,317,000

1800

JOURNAL OF THE HOUSE,

Provided, further, that the above sums shall be distributed and disbursed to the various municipali ties on a quarterly basis, such payments to be made on the last day of each quarter.

E. Airport Development--State Share of Airport Development.
Construction: Capital Outlay F. Y. 1973 ,,..,,,,_,,._--------$
F. Aviation--For Airport Planning and the Pro motion of Aviation Safety.
Operations F. Y. 1973 ------------.--$
G. Air Transportation Services.
Operations F. Y. 1973 ......................................... J$

Provided, that the Department of Transportation is authorized to retain such portion of its Air Trans portation service income as is required to maintain and upgrade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 25% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund par ticipation.

H. Design Study Proposal for the proposed outer loop.
F. Y. 1973 .,,..._,,,,_____.....,,..,,$

The Department of Transportation is authorized to contract with outside consultants or prepare the Design Study Proposal within the Department. The Design Study Proposal shall be completed no later than December 31, 1973.

I. Mass Transit. F. Y. 1973

............................. .^

976,000 83,525 897,475
100,000 42,000

FRIDAY, MARCH 2, 1973

Provided, that of the above appropriation, the fol lowing amounts are designated and committed for as sistance in securing Urban Mass Transit grants for the municipalities named below:
Albany, Macon and Valdosta ._.._._............._-$ 4,000 Savannah _._.._._.._.__......._.....-.._...-.-...._..._.._._._._.....$38,000

Provided, further, that these funds shall be avail able for expenditure only if matched with Federal and local funds in the following proportions:
State _-__--.._..__.___.___..__...-____-_---_-__-__-__--__16%% Local _--......_.___.....__....._.._.--_.______-___-__-__-._--16%% Federal ...................................._......_..._..............67%%

J. Aviation Planning.

For participation in securing Airport Master Plan ning grants and Airport System Plans.

F. Y. 1973 ........................

.............................I

K. Railroad Bridge Removal. F. Y. 1973

.._.......$

Provided, that of the above appropriation, 000 is designated and committed for railroad bridge removal in Savannah Harbor.

L. Harbor Maintenance Payments. F. Y. 1973 ... ... ..... .................._...._........_..__._._.$

Provided, that the entire amount of the above ap propriation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.
Changed object:
Operating Expense ....................._.._._._...$41,965,111."

Section 8A. Sand Act is further amended by striking subsection B. of Section 16, relating to the Department of Veterans Services, in its entirety and inserting in lieu thereof a new subsection B. of Section 16 to read as follows:

"B. Construction:

Capital Outlay

F. Y. 1973

$

1801
58,000 700,000 250,000
255,000

1802

JOURNAL OF THE HOUSE,

Changed Object: Capital Outlay _._____________.._______,,_._-_...__.__. f 420,103

Provided, that of the above appropriation, relat ing to Capital Outlay, $10,000 is designated and com mitted for construction and maintenance of a monument at Valley Forge, Pennsylvania to honor Medal of Honor recipients from Georgia.

Provided, that of the above appropriation, relat ing to Capital Outlay, $125,000 is designated and com mitted to enclose the south veranda of the Georgia War Veterans Nursing Home and to provide food service equipment and utilities to gain an additional 1,343 square feet of space for dining and kitchen areas."

Section 9. Said Act is further amended by strik ing Section 17., relating to the Department of Labor, in its entirety and inserting in lieu thereof the fol lowing :

"Section 17. Department of Labor.

Operations F. Y. 1973 ............................................... ...^

Provided, that of the above amount, $50,000 is designated and committed for payment to the Depart ment of Administrative Services for the provision of an accounting system which will satisfy both State and Federal requirements.

Unemployment Compensation Reserve Fund.

F. Y. 1973

......................................

1,040,577 1,830,000."

Section 9A. Said Act is further amended by strik ing Section 18., relating to the Department of Agri culture, in its entirety and substituting in lieu thereof a new Section 18 to read as follows:

"Section 18. Department of Agriculture.

Operations

F. Y. 1973 ..

$

Provided, that of the above appropriated amount, relative to operating expenses, $75,000 is designated and committed for use in contracting with the Georgia College of Veterinary Medicine for diagnostic services.

10,018,826

FRIDAY, MARCH 2, 1973
Construction:
Capital Outlay F. Y. 1973 .........
Provided, that of the above appropriated amount, $15,440.97 is designated and committed for use at the State Farmers Market at Ellijay.
Provided, that of the above appropriated amount, $75,000.00 is designated and committed for use at the State Farmers Market at Glennville.

Provided, that of the above appropriated amount, $100,000.00 is designated and committed for use at the State Farmers Market at Donalsonville.

Authority Lease Rentals F. Y. 1973 --.-------

Fire Ant Eradication F. Y. 1973 -------.

Indemnities F. Y. 1973 -

Changed Objects:

Personal Services ..____.__._____.______.__._____.$7,783,826

Operating Expenses

_ $3,546,364

Capital Outlay ....................._.........._._.$ 665,190

Authority Lease Rentals _._.__..._..._.._...$ 975,000

Fire Ant Eradication _..._._.________.____.___.$1,665,000

Indemnities ..... ...............__.._._._....._...._._.$ 137,000."

Section 10. Said Act is further amended by strik ing Section 19., relating to the Department of In dustry and Trade, in its entirety and inserting in lieu thereof the following:

"Section 19. Department of Community De velopment.
A. Operations F. Y. 1973

Provided, that of the above appropriation, $10,000 is designated and committed for a contract with the Washington-Wilkes Bicentennial Commission.

1803 603,440.97
975,000 1,500,000
137,000
4,816,163

1804

JOURNAL OP THE HOUSE,

B. Construction: Capital Outlay F. Y. 1973 ....._._._..._.__..._._....._....._....._.._...$

113,500

Provided, that of the above appropriation, $13,500 is designated and committed for planning for a Wel come Center on Interstate 95 near Kingsland, Geor gia, and $100,000 is designated and committed for planning and development relative to the Georgia World Congress Center.

Authority Lease Rentals F. Y. 1973 .......................$

2,000,000

Changed Objects:
Personal Services ................. $1,844,061 Operating Expenses ________________.____...____.$1,512,025 APDC Grants ____._______________________________....$1,150,000."

Section 11. Said Act is further amended by strik ing Section 20., relating to the Department of Public Safety, in its entirety and inserting in lieu thereof the following:

"Section 20. Department of Public Safety.

A. Operations

F. Y. 1973

.......

^

19,918,254

Provided, that of the above appropriation, $5,000 is designated and committed for contracting with other State agencies for the use of aircraft to patrol roads within the State.
B. Construction:
Capital Outlay
F. Y. 1973 ..................$

165,500

Provided, however, that the Director of the De partment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the member ship in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administra tors, and the International Association of Chiefs of Police (State and Provincial Police).

Changed Objects: Personal Services -_^^^_._.___.._..._..

FRIDAY, MARCH 2, 1973

Operating Expenses ..._....__.____.....,,....$ 7,565,227

Capital Outlay

......_.$ 505,471."

Section 12. Said Act is further amended by strik ing Section 21., relating to the Department of De fense, in its entirety and inserting in lieu thereof the following:

"Section 21. Department of Defense.

A. Operations
F.Y. 1973 .
Provided, that of the above appropriation, $40,000 is designated and committed to match Federal funds for the purchase and installation of Intrusion Detec tion Systems in Georgia National Guard Armories.

B. Construction:
Capital Outlay F. Y. 1973 .....__.

Changed Objects:
Grants ._-..-.-.-..-.........._.___._..___.............$370,000 Personal Services ___._............_...._._.___.$970,800 Capital Outlay .............._.__..._......_.....$ 40,879."

Section 13. Said Act is further amended by strik ing Section 22., relating to the Workmen's Compensa tion Board, in its entirety and inserting in lieu thereof the following:
"Section 22. Workmen's Compensation Board.

Operations F. Y. 1973 ..

Changed Objects:
Personal Services ._._.._._______.__._._...... $892,470 Operating Expenses ___________________.___.$170,187."

Section 14. Said Act is further amended by strik ing Section 23., relating to the Department of Bank ing and Finance, in its entirety and inserting in lieu thereof the following:
"Section 23. Department of Banking and Finance.

1805 1,251,000
40,879 920,000

1806

JOURNAL OF THE HOUSE,

Operations F. Y. 1973

,,

.. $

943,000."

Section 14A. Said Act is further amended by striking Section 25., relating to the Office of Comp troller General, in its entirety and inserting in lieu thereof the following:

"Section 25. Office of Comptroller General. Operations

F. Y. 1973 .

.

.$

2,126,000

Changed Objects:

Personal Services .....

$1,692,000

Operating Expenses ..._.___,,........_______.....$ 507,000

Provided, that the Comptroller General is autho rized to utilize Federal Funds for the purpose of em ploying six additional personnel and for operating expenses related thereto."

Section 15. Said Act is further amended by strik ing Section 24., relating to the Georgia Public Service Commission, in its entirety and inserting in lieu there of the following:

"Section 24. Georgia Public Service Com mission.

Operations F. Y. 1973

...__._$

1,064,294

Changed Objects:
Personal Services .__..._-...._..._..._.____________.$929,434 Operating Expenses _._.....__._......_._._.___.....$134,860."

Section 16. Said Act is further amended by strik ing Section 26., relating to the Department of Natural Resources, in its entirety and inserting in lieu thereof the following:

"Section 26. Department of Natural Re sources.

A. Operations F. Y. 1973 .............................................................^

12,801,309

FRIDAY, MARCH 2, 1973

B. Construction:

Capital Outlay F. Y. 1973

_.------...-$

Provided, that from the above amount $10,300 is designated and committed to permit an engineering feasibility study for Bowen Mill Lake in Ben Hill Coun ty. Provided, also, that this lake will be constructed only if it is approved for funding under the Land and Water Conservation Act and that 50% of the total cost will be reimbursable from Federal funds.

Provided, that of the above appropriated amount, relative to Capital Outlay, an amount not to exceed $12,000 is designated and committed for use in con struction of fishing piers at Lake Blackshear. Pro vided, also, however, that the Office of Planning and Budget shall reduce said funds to the extent that Fed eral funds become available.

Provided, that of the above appropriated amount relative to Capital Outlay, $10,000 is designated and committed for planning the Lake Nottely Dam project, and $83,333 is designated and committed for the pur pose of paying no more than one-third of the cost of the Sope Creek project, provided such expenditure is deemed legal by the State Attorney General.
Authority Lease Rentals
F. Y. 1973 ..... .............................................................^

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission.

Provided, that of the above appropriation, relating to Capital Outlay, $100,000 is designated and com mitted for planning and the erection of a memorial at Andersonville National Historic Site.

Provided, that of the above appropriation, rela tive to Capital Outlay, $3,500 is designated and com mitted for equipment for pocket parks in Wayne County.
Changed Objects:
Personal Services ........ ----.-..---$12,804,443 Capital Outlay -....-_..$ 6,533,017 Operating Expenses ----.---------$ 9,037,646."

1807 2,779,583
2,546,000

1808

JOURNAL OF THE HOUSE,

Section 17. Said Act is further amended by strik ing Section 27., relating to the Forestry Commission, in its entirety and inserting in lieu theref the fol lowing :

"Section 27. Forestry Commission.

Operations F. Y. 1973 ..

Changed Objects:

Personal Services .,, .,,-

-.. $7,789,031

Operating Expenses ......____._..............$2,313,074

Grants ....................................$ --0-- ."

Section 18. Said Act is further amended by strik ing Section 28., relating to the Forest Research Coun cil, in its entirety and inserting in lieu thereof the following:

Section 28. Forest Research Council.

Operations F. Y. 1973

Section 19. Said Act is further amended by strik ing Section 31., relating to the Department of Admin istrative Services, in its entirety and inserting in lieu thereof the following :

"Section 31. Department of Administrative Services.

A. Operations F. Y. 1973 .

B. Construction:

Capital Outlay F. Y. 1973 ....

Provided, that from the above appropriation, $2,500 is designated and committed for obtaining options for the purchase of land in the area surrounding the State Capitol in Atlanta, and $80,000 is designated and com mitted for Special Repairs.
Provided, however, that of the above appropria tion, $5,000,000 is designated and committed for pay-

7,325,087
509,000." 5,188,147 5,50&,50*

FRIDAY, MARCH 2, 1973

ment to the Georgia Building Authority for the pur pose of acquiring real estate on the corner of Piedmont Avenue and Hunter Street, in Atlanta, Georgia.

Authority Lease Rentals

F. Y. 1973

,,.._.,,...,,$

Changed Objects:
Personal Services _..._......... ._...............$ 8,101,442 Operating Expenses .._............. ........$10,12,919 Capital Outlay .........._.._................ .....$ 5,503,500."

Section 19A. Said Act is further amended by adding at the end of Section 32 the following lan guage :

"The Merit System of Personnel Administra tion shall be authorized to increase its pro rata assessment to a rate sufficient to generate up to $124,000.00 for the renovations contemplated in F. Y. 1973 amended Budget Report."

Section 19B. Said Act is further amended by adding at the end of Section 33 the following language:

"The Employees Retirement System shall be authorized to increase its budget by up to $35,000 for the renovations contemplated in F. Y. 1973 amended Budget Report."

Section 20. Said Act is further amended by strik ing Section 34., relating to the Department of Revenue, in its entirety aftd inserting in lieu thereof the follow ing:

"Section- 34. Department of Revenue.

A. Operations F. Y. 1973

B. Loans to Counties--Tax Reevaluation

F. Y. 1973

.

In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year ii such amount and for the same purpose as originally appropriated, $208,035 in F. Y. 1973. Such amount shall be available for further tax evalua tion loans to counties.

1809 3,112,753
15,415,622 116,695

1810

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation, relative to Operations, $450,000 is designated and committed for research, planning and development of the Real Property Appraisal Program.

C. Motor Vehicle Tag Purchases.

F. Y. 1973 .........

$

Provided, that of the above appropriated amount, relative to Motor Vehicle Tag Purchases, $460,000 is designated and committed for use in contracting with Georgia Prison Industries for the production of at least 1,000,000 1976 motor vehicle tags.
Changed Objects:
Personal Services ............_..._._._._..__.....$9,678,662 Operating Expenses ._..._......_._............ $5,743,960."

Section 21. Said Act is further amended by strik ing Section 36., relating to the Office of the Secretary
of State, in its entirety and inserting in lieu thereof the following:

"Section 36. Office of the Secretary of State.

A. Operations F. Y. 1973 ........ .........._..._.........._............. ___.___.$
B. Construction:
Authority Lease Rentals F. Y. 1973 .............. .........._................._..__..?

Changed Object: Operating Expense

....._.._..,,.. $1,242,524."

Section 22. Said Act is further amended by strik ing Section 38., relating to the Office of the Governor, in its entirety and inserting in lieu thereof the follow ing:

"Section 38. Office of the Governor. A. Operations
Governor's Office F. Y. 1973 ,,-_.._..___.._..___...________......_.$

894,775
3,794,800 815,000 797,500

FRIDAY, MARCH 2, 1973
Office of Planning and Budget F. Y. 1973 .._..__...,,......_._._.....____..._._.

There is hereby appropriated as a General Emer gency Fund for meeting- expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may de termine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accor dance with other provisions of State law and the Constitution.

B. Governor's Emergency Fund. F. Y. 1973 ........_....._......___.__..

Changed Object: Personal Services Operating Expenses .

$2,215,102."

Section 23. Said Act is further amended by strik ing Section 40., relating to five percent (5%) salary in crease for State employees, in its entirety and insert ing in lieu thereof the following:

"Section 40. In addition to all other appro priations for the fiscal year ending June 30, 1973, there is hereby appropriated to the budget units designated hereinafter the amounts listed for each such budget unit for Personal Services to fund a five percent (5%) salary increase for State em ployees as recommended in the amended Budget Report presented to the General Assembly at the regular 1972 session:

Budget Unit

State Funds

State Scholarship Commission --.. Veterans Service - ..._______________,, ......__. Georgia Historical Commission ........ Treasurer ..... .............. ........... Department of Law ........_.................... Audits ............ ............. ............

TOTAL

Section 23A. Said Act is further amended by striking Section 41., relating to the funding of HB 1320, in its entirety.
Section 24. Said Act is further amended by strik ing Section 46., relating to the Office of Planning and

1811 1,362,000
2,000,000
878,027
13,000 141,000 14,000
2,000 54,000 60,000 284,000."

1812

JOURNAL OF THE HOUSE,

Budget, in its entirety and inserting in lieu thereof the following:

"Section 46. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appro priations provided in the foregoing Section of this Act shall be in excess of the actual approved bud get allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the State."

TOTAL APPROPRIATIONS F. Y. 1973 .. ...,,,,.,,.,,..$ 1,361,538,374.50

Section 25. Whenever in this Act the term "Changed Objects" is used it shall mean that the ob ject classification following such term shall be changed to the amount following such object classification from the amount provided in the amended Budget Report submitted to the 1973 General Assembly; except that for those budget units for which the aforementioned Budget Report contains no recommendation for amend ment, the term "Changed Objects" shall mean that the object classification following such term shall be changed to the amount following such object classifi cation from the amount shown in Act No. 885 of the 1972 session of the Georgia General Assembly.

Section 26. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 27. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Busbee of the 114th moved that the House disagree to the Senate substi tute.
The motion prevailed and the Senate substitute to HB 140 was disagreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 83. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 4-2, relating to

FRIDAY, MARCH 2, 1973
relations between a principal and agent, so relative to the termination and revocation for other purposes.

1813
lange the provisions agency relation; and

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 4-2, relating to rela tions between principal and agent, as amended, so as to provide that the written authority of an agent to act as an attorney-in-fact for the principal shall not be revoked by the incompetency of the principal; to provide that the power to act as the attorney-in-fact for an incom petent principal shall remain in force until such time as a guardian or receiver shall be appointed for the principal, or until some other judicial proceeding shall terminate the power, or unless the instrument au thorizing the agent to serve as the attorney-in-fact shall provide for its termination; 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 4-2, relating to relations between princi pal and agent, as amended, is hereby amended by adding a new Code Section, to be designated Section 4-214.1, to read as follows:
"4-214.1. A written power of attorney, unless expressly pro viding otherwise, shall not be terminated by the incompetency of the principal. The power to act as an attorney-in-fact for a prin cipal who subsequently becomes incompetent shall remain in force until such time as a guardian or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Harris of the 51st moved that the House agree to the Senate substitute.

On the motion, the ayes were 106, nays 0.

The motion prevailed and the Senate substitute to HB 83 was agreed to.

1814

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 152. By Mr. McCracken of the 77th:
A Bill to be entitled an Act to amend Code Title 56, relative to insurance, so as to provide that applicants for surplus lines brokers licenses must be examined; to provide for special reserve for bail and judicial bonds; and for other purposes.

The following amendment was read:
The Senate Committee on Banking and Finance offers the following amendment:
Amend HB 152 by inserting after the word and comma "notice," on page 3, line 26, the following:
"except with respect to property and casualty policies insuring industrial and commercial concerns in which notice of cancellation shall not be less than fifteen (15) days,".

Mr. Dixon of the 126th moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 111, nays 0.

The motion prevailed and the Senate amendment to HB 152 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th, and others:
A Bill to amend an Act providing appropriations for the fiscal year 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, 1973.

FRIDAY, MARCH 2, 1973

1815

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 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th: A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal year 1972-73, known as the General Appropriations Act, so as to change the appropriations of certain agencies of the State; and for other purposes.
Mr. Busbee of the 114th moved that the House insist on its position in disagreeing 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. Busbee of the 114th, Floyd of the 5th and Murphy of the 18th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 27. By Mr. Jordan of the 58th:
A Bill to be entitled an Act to amend an Act providing for additional investments for municipalities, counties, school districts and other local governmental units, so as to provide for additional investments in certificates of deposit of certain banks; and for other purposes.

The following Senate amendment was read:
Senator Coggin of the 35th moves to amend HB 27 by adding on page 2, line 3, Section 1 (c) after the word "corporation" the following phrase:
"provided however, that portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation shall be secured by direct obligations of the State of Georgia or the United States which are of a par value equal to

1816

JOURNAL OF THE HOUSE,

that portion of such certificates of deposit which would be un insured."

Mr. Jordan of the 58th moved that the House agree to the Senate amend ment of HB 27.

On the motion to agree, the roll call was ordered and the vote was as fololws:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott

Evans Ezzard Ployd, L. R. Poster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus

Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Toles

Townsend Triplett Tucker Turner Waddle

FRIDAY, MARCH 2, 1973

1817

Walker Wall Wamble Ware Wheeler, J. A.

Whitmire Williams Wills Wilson, M. L. Wood

Voting in the negative was Mr. Coleman.

Those not voting were Messrs.:

Alien Beckham Bennett Berlin Berry Blackshear Bond Brown, B. D. Buck Chance Colwell Davis, W. Dean, Gib Ellis

Farrar Floyd, J. H. Gignilliat Hill, B. L. Hill, G. Howell Jones Lambert Larsen, W. W. Le vitas Lewis Mason McCracken Murphy

Nix Northcutt Pearce Phillips, G. S. Shepherd Smith, J. R. Thomason Thompson Twiggs Vaughn Wheeler, Bobby Wilson, J. M. Mr. Speaker:

On the motion to agree, the ayes were 138, nays 1.

The motion prevailed and the Senate amendment to HB 27 was agreed to.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and others:
A Bill to amend an Act providing appropriations for the fiscal year 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, 1973.

1818

JOURNAL OF THE HOUSE,

The President has appointed on the part of the Senate the following Senators:

Coggin of the 35th, Holley of the 22nd, and London of the 50th.

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 200-776. By Mr. Bray of the 66th:
A Resolution authorizing the conveyance of certain real property located in Meriwether 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 105, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 753. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Youthful Offender Act of 1972", so as to provide for the establishment of community rehabilitation centers to assist in the rehabilitation and custodial care of youthful offenders in a neighborhood and family environment; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John

Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Berlin

Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell
Castleberry
Chance
Cole
Coleman
Collins, M.
Collins, S.
Colwell
Coney Connell
Daugherty
Davis, E. T.
Dean, J. E.
Dickey
Edwards
Egan
Elliott
Evans
Ezzard
Floyd, J. H.

FRIDAY, MARCH 2, 1973
Floyd, L. R. Foster Geisinger Grahl Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hill, B. L. Horton, W. L. Howell Hutchinson Jessup Johnson Jones
Jordan Keyton King Knight Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. McDonald Morgan Moyer Mulherin Mullinax

1819
Noble Northcutt Odom Patten, G. C. Patten, R. L. Patterson Pearce Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Savage Shanahan
Snow
Stephens Strickland Thompson
Toles
Townsend
Triplett
Turner Twiggs
Waddle
Walker
Wall
Wamble
Ware Wheeler, Bobby Wheeler, J. A.
Willis
Wilson, J. M.

Those voting in the negative were Messrs.:

Beckham Clark Dixon Duke Fraser Grantham Hays Howard Hudson Irvin, J.

Irvin, R. Irwin, J. R. Kreeger Lane, W. J. Lewis Mauldin McKinney Miles Milford

Nessmith Nix Oxford Reaves Smith, V. B. Sweat Whitmire Williams Wood

1820

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Bennett Brantley, H. L. Davis, W. Dean, Gib Dean, N. Dent Dollar Dorminy Ellis Farrar Gignilliat

Greer Harrington Hawes Hill, G. Horton, G. T. Lambert Larsen, W. W. Mason McCracken McDaniell Murphy Peters

Petro Phillips, G. S. Phillips, L. L. Russell, W. D. Sams Shepherd
Smith, J. R. Thomason Tucker Vaughn Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 116, nays 28.
The Bill, having received the requisite constitutional majority, was passed.
HB 812. By Messrs. Egan of the 25th, Harris of the 51st and Levitas of the 50th: A Bill to be entitled an Act to amend an Act relating to the change of the age of majority so as to provide for the construction and clarifica tion of the Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 580. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend the "Uniform Reciprocal Enforce ment of Support Act", so as to provide that the District Attorney shall represent the plaintiff under the provisions of said Act shere the obligee is a dependent child or the obligees are dependent children; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 2, 1973

1821

HB 594. By Messrs. Geisinger of the 44th, Marcus of the 26th, Larsen of the 27th and others:
A Bill to be entitled an Act to prohibit the cutting, digging, pulling up and removal of certain rare specimens of plant life from public lands within this State; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to prohibit the cutting, digging, pulling up and removal of certain rare specimens of plant life from public lands within this State; to provide a short title; to define certain terms; to prohibit the sale within this State, for any purpose, of certain rare specimens of plant life; to regulate the transportation within this State of certain rare specimens of plant life; to provide for rules and regula tions; to provide for the enforcement of this Act; to provide for penal ties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Short title.--This Act shall be known and may be cited as the Wild Flower Preservation Act of 1973.
Section 2. Definitions.--Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows:
(a) "Protected species" means a species of plant life which the Department of Natural Resources shall have designated as such and shall have made subject to the protection of this Act.
(b) "Public lands" means all those lands within this State which are owned by the State or which are subject to the dominion and control of this State and which are not owned and controlled by any private person.
(c) "Person" means any natural person, firm, corporation, partner ship, proprietorship, or other legal entity.
(d) "Department" means the Department of Natural Resources.
Section 3. Powers and duties of the Department of Natural Re sources.-- (a) The Department of Natural Resources shall, from time to time, designate as a protected species any species of plant life within this State which it may determine to be rare, unusual, or in danger of extinction, and upon such designation such species will be come subject to the protection of this Act.

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JOURNAL OF THE HOUSE,

(b) The Department shall issue such rules and regulations as it may deem necessary and proper for the enforcement of this Act.

(c) The Department may delegate the powers and duties which this Act grants to it to any official or officials of the Department of Natural Resources.

Section 4. Prohibition against cutting, pulling up, digging, and removal.--No person within this State shall cut, dig, pull up or other wise remove any protected species from any public land unless such person has secured written authorization from the Department of Natural Resources.

Section 5. Prohibition against sale.--No person within this State shall sell or offer for sale, for any purpose, any protected species, unless such species was grown on private land and is being sold by the landowner or with the permission of the landowner.

Section 6. Prohibition against transportation without tagging.-- No person within this State shall transport, carry, or otherwise convey any protected species unless each shipment thereof has affixed thereto a tag supplied by the Department showing that the person so trans porting, carrying or conveying such protected species has removed such specimen from his own private lands, or that he has removed such specimen from the private lands of another person with the permission of such other person and has a written document in his possession evidencing such permission, and further evidencing that such specimen has not been sold in violation of Section 5 of this Act.

Section 7. Penalty.--Any person violating the provisions of this Act or a rule or regulation promulgated by the Department of Natural Resources pursuant to the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 8. Effective date.--This Act shall become effective April 1, 1973.

Section 9. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John

Adams, Marvin Alexander, W. H. Alien

Atherton Bailey Beckham

Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L.
Bray Brown, B. D.
Brown, C. Brown, S. P.
Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, L. R.
Foster

FRIDAY, MARCH 2, 1973
Geisinger Grahl Greer Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford

1823
Morgan Mulherin Mullinax Nessmith Nix Noble Oxford Patten, R. L. Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Williams Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs. Coleman and W. W. Larsen.

Those not voting were Messrs.:

Alexander, W. M.
Bennett Bohannon

Collins, M. Davis, W. Farrar

Floyd, J. H. Fraser Gignilliat

1824
Grantham Groover Harrington Hill, B. L. Howell Keyton Lane, W. J. McCracken Moyr

JOURNAL OP THE HOUSE,

Murphy Northcutt Odont Patten, G. C. Patterson Phillips, G. S. Savage Smith, J. R.

Thomason Townsend Tucker Vaughn Wamble Whitmire
Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Larsen of the 102nd served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 594.
HB 815. By Messrs. Dean of the 17th, Phillips of the 103rd, Nessniith of the 76th and others: A Bill to be entitled an Act to amend an Act establishing soil and water conservation districts, so as to change the composition of the Ad visory Committee; and for other purposes.
The following Committee amendment was read and adopted:
The House Committee on Natural Resources moves to amend HB 815 as follows:
By striking in its entirety Line 2 of Page 2 and substituting in lieu thereof the following:
"five Georgia Association of Sil and Water Conservation District Groups."
By inserting, after the word "supervisor", as it appears in Line 32 of Page 3, the following:
"for each county".
And, by deleting in their entirety Line 1 and 2 of Page 4 and substi tuting in lieu thereof the following:
"portions of three or more counties."

FRIDAY, MARCH 2, 1973

1825

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, J. H. Adams, John Adams, Marvin Alexander, W. H.
Alien Beckham Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle
Carr Carrell Castleberry Chance
Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dollar Dorminy Duke Edwards Elliott

Ellis Evans Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Logan Lowrey
Mason

Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker

1826
Turner Twiggs Vaughn Waddle Walker

JOURNAL OP THE HOUSE,

Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Atherton Bailey Bennett Bostick Buck Burruss Davis, W. Dent Egan

Ezzard Farrar Floyd, J. H. Geisinger Howell Kreeger Lee, W. J. (Bill) Lewis Marcus McCracken

McDaniell Miles Murphy Northcutt Patten, G. C. Phillips, G. S. Sams Thomason Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Due to mechanical failure, the vote of Mr. Williams of the 9th did not record.
Mr. Lewis of the 77th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 815, but had he been present would have voted "aye".
By unanimous consent, HB 815, as amended, was ordered immediately trans mitted to the Senate.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 255. By Messrs. Levitas of the 50th, Burruss of the 21st and Larsen of the 27th: A Bill to be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; and for other purposes.

FRIDAY, MARCH 2, 1973

1827

The following Committee substitute was read:

A BILL

To be entitled an Act to declare unfair methods of competition, false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for a short title; to define certain terms; to provide for the interpretation of this Act; to name an Administrator; to provide for exemptions; to authorize the Admin istrator to bring an action in the name of the State to restrain pro hibited acts; to provide for additional public relief; to allow the Attor ney General to institute a class action; to provide for the powers of receiver; to provide for private actions; to limit damages where there is a bona fide error; to authorize the Administrator to accept assurances of voluntary compliance; to authorize the Administrator to conduct in vestigations; to authorize the Administrator to issue subpoenas, con duct hearings and issue and promulgate rules and regulations; to pro vide for penalties, injunctions and other relief for failure to comply with investigative demands of the Administrator and for punishment by contempt for any disobedience of any final order enterd by any court; to provide for civil penalties; to impose certain additional duties on the solicitors of the State and Civil Courts and the district attorneys of the Superior Courts of this State; to provide a statute of limitations; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as the "Unfair Trade Tractices and Consumer Protection Act" of 1973.

Section 2. Definitions. As used in this Act:

(a) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording wherever situate.

(b) "Examination" of documentary material shall include the in spection, study, or copying of any such material, and the taking of testi mony under oath or acknowledgment in respect of any such documentary material.

(c) "Trade" and "Commerce" means the advertising, sale, lease, or distribution or offering thereof, of any services or any property,
intangible, real, personal or mixed, or any other article, commodity, or thing of value wherever situate, and shall include any trade or com merce directly or indirectly affecting the people of the State.

(d) "Person" means a natural person, corporation, trust, partner ship, incorporated or unincorporated association, or any other legal entity.

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JOURNAL OF THE HOUSE,

Section 3. Unlawful Acts and Practices, (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

(b) By way of illustration only and without limiting the scope of subsection (a), the following practices are hereby declared unlawful:

(1) Passing off goods or services as those of another;

(2) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) Causing likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;
(4) Using deceptive representations or designations of geo graphic origin in connection with goods or services;
(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have, or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand;

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(8) Disparaging the goods, services, or business of another by false or misleading representation;
(9) Advertising goods or services with intent not to sell them as advertised;
(10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions;
(12) Representing that a replacement or repair is needed if it is not;

(13) Representing that a transaction involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms, or other rights, remedies, or obligations if the indication is false, misleading, or incomplete;

FRIDAY, MARCH 2, 1973

1829

(14) Failing to disclose to what extent a warranty limits the rights which otherwise exist at law or that the warranty may be exercised by sending the goods to a distant point at the purchaser's expense;

(IB) Indicating that a rebate, discount, or other benefit will be given as an inducement for entering into a transaction in return for supplying names of prospective customers, if' the receipt of the rebate, discount or other benefit is contingent on an event occurring after the transaction;

(16) Selling goods which are defective for their intended use or without all essential components unless the seller has taken reasonable steps to assure that the goods are not defective or incomplete;

(17) Conspiring with another person or person to set or fix prices of goods or services.

Section 4. Interpretation, (a) The Administrator is hereby au thorized to adopt substantive rules that prohibit specific acts or prac tices in violation of Section 3. Such rules shall not conflict with the rules and regulations of the Federal Trade Commission interpreting Section 5(a) (1) of the Federal Trade Commission Act (15 U S C 45 (a) (1)), as from time to time amended.

(b) The Administrator, in promulgating rules and regulations pur suant to subsection (a) of this Section shall conform with the procedures set forth in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as from time to time amended.

Section 5. Administration (a) The Administrator shall be the Attorney General of this State. The employees of the Administrator shall not belong to the classified service of the State Merit System.

(b) The Administrator shall refer all complaints or inquiries con cerning unlawful or suspected unlawful acts by a person or persons subject to the supervision or regulation of the Department of Agricul ture, Comptroller General, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, Examining Boards, or other appropriate agency or official of this State to that agency or official for initial investigation and corrective action other than litigation.

(c) Any official of this State receiving a complaint or inquiry as provided in subsection (b) above shall advise the Administrator of his action with respect to such complaint or inquiry.

(d) All officials and agencies of this State having responsibility under this Act are authorized and directed to consult and assist one another in maintaining compliance with this Act.
(e) At the instruction of the Administrator under this Act, the

1830

JOURNAL OF THE HOUSE,

Secretary of State shall begin proceedings to revoke the professional license of any individual, firm or corporation licensed by him, who has been found by the Administrator to have been operating his business in a manner contrary to this Act.

Section 6. Exemptions, (a) The labor of a human being is not a commodity or article of commerce. Nothing contained in this Act shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations or associations and such organizations and associations and their activities shall be exempt from the provi sions of this Act to the extent that such organizations are now exempt from the antitrust laws of the United States.

(b) Nothing contained in this Act shall be construed as repealing, limiting or otherwise affecting the existing powers of the various regu latory agencies of the United States or the State of Georgia except that all agencies of this State, in making determinations as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall consider the competitive aspects of the situation in light of the policies expressed by this Act. No person shall be penalized or otherwise held liable under this Act for any act or action directed or authorizetd by a regulatory agency of the United States or State of Georgia in the proper exercise of its jurisdiction and control respecting such person.

(c) Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station in the publication or dissemination of an advertisement of or for another person, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service.

(d) No seller of any product or service who disseminates any ad vertisement or promotional material in this State shall be liable to suit under this Act if he receives the advertisement or promotional material from a manufacturer, packer, distributor or other seller from whom he has purchased the product or service unless he refuses upon the re quest of the Administrator to provide the name and address of the manufacturer, packer, distributor or other seller from whom he has purchased the product or service and said seller agrees to enter into an assurance of voluntary compliance as prescribed by this Act from disseminating thereafter said advertisement or promotional material, provided, however, that this exemption shall not apply should the manufacturer, packer, distributor or other seller in question not be subject to the jurisdiction of the courts of this State or should said person not be financially responsible and able to respond to the extent of the damages reasonably alleged.

Section 7. Restraining Prohibited Acts. Whenever the Adminis trator has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by Section 3 or by regulations made under Section 4 of this Act to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the State by filing a civil complaint against such person

FRIDAY, MARCH 2, 1973

1831

to restrain or enjoin the use of such method, act or practice. The com plaint must state generally the relief sought and be served in accordance with the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, and at least three (3) days before the hearing on any restraining order which may be sought. The action may be brought in the Superior Court having jurisdiction over the defendant by virtue of any provision of the Constitution or laws of the State of Georgia. The said courts are atuhorized to issue restraining orders or temporary or permanent injunctions or such other orders as are necessary to restain and prevent vio'ations of this Act. Such in junctions or orders shall be issued without bond and notwithstanding the existence of adequate remedies at law. The court may make such additional orders or judgments a may be necessary to restore to any person in interest, any monies or property, real or personal, which may have been acquired by means of any practice violating Section 3 or regulations made under Section 4, including the appointment of a receiver.

Section 8. Class Actions by Administrator, (a) The Administra tor may bring an action in a representative capacity to recover actual damages for any person injured by a violation of Section 3 or a regu lation made under Section 4 of this Act. The Court in which such action is brought shall determine on motion of the Administrator if a class ac tion can be maintained prior to considering the merits of the action.

(b) Any person injured by a violation of Section 3 or a regula tion made under Section 4 may request in writing that the Administra tor bring suit on behalf of all persons similarly situated. The Admin istrator shall respond to any such request within sixty days and if he declines to bring such action shall state his reasons. The decision of the Administrator is final.

Section 9. Powers of Receiver. When a receiver is appointed by the court pursuant to this Act, he shall have the power to sue for, col lect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any practice declared to be illegal and prohibited by this Act, including property with which such property has been mingled if it cannot be identified in kind because of such commingling and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or em ployment of any unlawful practices and submits proof to the satisfac tion of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. In the case of a partnership or busi ness entity, the receiver may, in the discretion of the court, be autho rized to dissolve the business and distribute the assets under the direc tion of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
Section 10. Private Actions, (a) Any person injured or damaged by a violation of Section 3 or of a regulation made under Section 4

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of this Act may bring an action individually but not in a representative capacity under the rules of civil procedure to recover actual damages or $200, whichever is greater, in any court having jurisdiction over the Defendant; provided, however, that a person injured or damaged by a violation of this Act shall be entitled to recover no amount greater than the actual damages which he has suffered unless he has, prior to suit, made amicable demand upon the defendant to repair said actual dam ages and the said defendant has failed to make such repyment despite his having been given reasonable opportunity to do so. Such demand shall be in writing and shall be sent by certified or registered mail, return receipt requested addressed to the defendant at the location where the transaction occurred such defendant's principal place of business within Georgia, or, if neither will affect actual notice, the office of the Secretary of the State of Georgia. If the period within which an action may be brought, as set forth in Section 18 of this Act, will expire within thirty (30) days following the date such demand is postmarked, the preiod within which an action may be brought shall be extended forty-five (45) days. A claim under this Section may also be asserted as a defense, set-off, or counterclaim. Any court may, in its discretion, award up to three times the actual damages sustained as punitive damages and may provide such equitable and injunctive relief as it deems necessary or proper, except that affirmative equitable relief may be granted only by a Superior Court having jurisdiction. Such equitable and injunctive relief may be granted notwithstanding the existence of adequate remedies at law.

(b) In any action in which a claim is raised under this Section the court shall, if it finds that a violation of Section 3 or of a regula
tion made under Section 4 has occurred, award to the person injured by the violation, in addition to the other relief provided in this Section,
reasonable attorneys fees and expenses of litigation. If the court finds that a violation has not occurred, it may award attorney's fees to the
defendant if the court finds that the action was brought in bad faith or for purposes of harrassment. Fees shall be measured by the amount
of time reasonably expended by the attorney and not by the amount of the recovery.

(c) Any permanent injunction, judgment or order of the court made under Section 7 of this Act shall be prima facie evidence in an action under this Section for a violation of the same type occurring prior to the Section 7 injunction, judgment or order that the defendant used or employed a method, act or practice declared unlawful by this Act. Likewise, a judgment for the defendant in a Section 7 action shall be prima facie evidence that no violation of this Act occurred under similar circumstances.
(d) No action for personal injury shall lie under the provisions of this Act nor damages therefore be awarded.

Section 11. Bona Fide Error. In any action in which damages are demanded under Section 10 of this Act, actual damages only shall be awarded if the defendant shows by a preponderance of the evidence that the challenged act or practice was the result of a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such error and was not the result of negligence in the mainte-

FRIDAY, MARCH 2, 1973

1833

nance of such procedures. Bona fide error shall be pleaded as an af firmative defense.

Section 12. Assurances of Voluntary Compliance. In the admin istration of this Act, the Administrator may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of the Act from any person who has engaged or was about to engage in such method, act or practice. Any such assurance shall be in writing and be filed with the Clerk of the Superior Court of the county in which the alleged violator resides or has his principal place of business, or the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the Administrator for further proceedings in the public interest, pursuant to Section 7.

Section 13. Investigation, (a) When it appears to the Administra tor that a person has engaged in, is engaging in, or is about to en gage in any act or practice declared to be unlawful by this Act, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any act or practice declared to be unlawful by this Act, he may execute in writing and cause to be served upon any person who is believed to have information, docu mentary material, or physical evidence relevant to the alleged or sus pected violation an investigative demand requiring such person to furnish under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand concerning the advertise ment, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investiga
tion.

(b) If matter that the Administrator subpoenas is located outside this State, the person subpoenaed may either make it available to the Administrator at a convenient location within the State or pay the reasonable and necessary expenses for the Administrator or his repre sentative to examine the matter at the place where it is located. The Administrator may designate representatives, including officials of the state in which the matter is located to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.

(c) At any time before the return date specified in an investigation demand, or within twenty (20) days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the Superior Court of Fulton County.

(d) No investigative demand under this Section may be made until the Administrator has notified the suspected violator in writing by certified mail, in person, or as otherwise permitted by law, of the
nature, scope and purpose of the investigation. The suspected violator shall be furnished with a list of the names of all witnesses who are

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JOURNAL OF THE HOUSE,

to be contacted in such investigation. Such notice and list shall be furnished at least 10 days prior to such investigative demand or con tact.

Section 14. Subpoenas, Hearings, Rules and Regulations. To ac complish the objectives and to carry out the duties prescribed by this Act, the Administrator, in addition to other powers conferred upon him by this Act, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation to inquiry, prescribe such forms and promulgate such rules and regula tions as may be necessary, which rules and regulations shall have the force of law; provided that none of the powers conferred by this Act shall be used for the purpose of compelling any natural person to furnish testimony or evidence which might tend to incriminate him; and pro vided further that information obtained pursuant to the powers con ferred by this Act shall not be made public or disclosed by the Admin istrator or his employees beyond the extent necessary for law enforce ment purposes in the public interest.

Section 15. Enforcement of Investigative Demands. If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the Administrator, the Administrator may, after notice, apply to the Superior Court and, after hearing there on, request an order compelling compliance with such subpoena or in vestigative demand and such other relief as may be required until the person files the statement or report, or obeys the subpoena or investi gative demand. Upon failure to comply with an order entered pursuant to this Section, the suspected violator shall be found in contempt thereof.

Section 16. Penalties, (a) Any person who violates the terms of an injunction issued under Section 7 of this Act shall forfeit and pay to the State a civil penalty of not more than twenty-five thousand ($25,000) dollars per violation. For the purposes of this Section, the Su perior Court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Administrator acting in the name of the State may petition for recovery of civil penalties.

(b) In any action brought under Section 7 of this Act, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by Section 3 or a regulation made under Section 4 of this Act, the Administrator upon petition to the court may recover, on behalf of the State a civil penalty of not exceeding two thousand ($2,000) dollars per violation.

(c) For purposes of this Section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 3(b) or a regulation made under Section 4 of this Act.
Section 17. Duties of Solicitors of the State and Civil Courts and District Attorneys of the Superior Courts. It shall be the duty of the solicitors of the State and Civil Courts and the district attorneys of the Superior Court of this State to lend to the Administrator such assistance as the Administrator may request in the commencement and prosecu tion of specific actions pursuant to this Act.

FRIDAY, MARCH 2, 1973

Ig35

Section 18. Statute of Limitations, (a) Any action to enforce a claim for damages under this Act shall be forever barred unless com menced within two years after the claim accrues. The fraudulent con cealment for reasonable failure to discover the existence of any viola tion shall toll the period of limitation hereunder.

(b) Whenever any proceeding under Sections 7 and 8 of this Act is instituted by the State of Georgia, the running of the foregoing statute of limitations in respect of every private right of action under Section 3 of this Act based in whole or in part on any matter com plained of in said State proceeding shall be tolled during the pendency thereof and for one year thereafter.

Section 19. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitu tional 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 ad judged invalid or unconstitutional.

Section 20. Provisions Not Exclusive and Repealer. The pro visions of this Act are cumulative with other laws and are not exclusive. The rights or remedies provided for herein shall be in addition to any other procedures, rights, remedies or duties provided for in any other law or in decisions of the courts of this State dealing with the subject matter. All other laws or parts of laws in conflict with this Act are here
by repealed.

The following amendment was read:
Mr. Cole of the 6th moves to amend the Committee substitute to HB 255 by adding: "Section 21. The Act shall become effective 1 April 1974.

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, J. H. Adams, Marvin Berry Bohannon Bostick Brantley, H. L. Bray Burton

Carlisle Carr Carrell Cole Coleman Collins, S. Colwell Connell

Davis, E. T. Dean, N. Dorminy Duke Evans Floyd, J. H. Foster Fraser

1836
Geisinger Gignilliat Grahl Harris, J. P. Hill, G. Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Irwin, J. R. Jessup Jordan Keyton King Kreeger Lambert Lane, W. J. Larsen, W. W. Logan

JOURNAL OF THE HOUSE,

Lowrey McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Oxford Patten, G. C. Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Ritchie

Rogers Rush Sams Smith, J. R. Smith, V. B. Strickland Sweat Toles Turner Twiggs Vaughn Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. H. Alien Atherton Bailey Berlin Blackshear Bond Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Castleberry Chance Clark jConey Daugherty Dean, Gib Dean, J. E. Dickey Dixon Dollar

Edwards Egan Elliott Ellis Ezzard Farrar Grantham Groover Hamilton Harden Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Hutchinson Johnson Jones Knight Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.

Levitas Lewis Marcus Matthews, D. R. McKinney
Noble Odom Patten, R. L. Patterson Petro Reaves Roach Ross Russell, J. Russell, W. D. Shanahan Shepherd Snow Thompson Townsend Triplett Tucker Wall Wamble

Those not voting were Messrs.:

Adams, John Alexander, W. M. Beckham

Bennett Brantley, H. H. Collins, M.

Davis, W. Dent Floyd, L. R.

Greer Harrington Mason
Matthews, C.

FRIDAY, MARCH 2, 1973

1837

Mauldin McCracken Pinkston
Savage

Stephens Thomason Mr. Speaker

On the adoption of the amendment, the ayes were 87, nays 72.

The amendment was adopted.

Due to mechanical failure, the vote of Mr. Williams of the 9th did not record.

The following amendment was read and adopted:
Mr. Smith of the 42nd moves to amend the Committee substitute to HB 255 by adding sub-paragraph "c" to Section 8 to read as follows: "Any individual, partnership or corporation doing business in this State which may be defrauded or deceived by a consumer shall have equal protection by the administration of this Act.

The following amendment was read:
Mr. Brantley of the 92nd moves to amend the Committee substitute to HB 255 by changing line 24, page 2 to read as follows: "Willful practice of unfair methods of competition and unfair or deceptive acts".

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, J. H. Adams, Marvin Beckham Berry Bostick Brantley, H. H. Brantley, H. L. Bray Burton Carr Carrell Cole

Coleman Collins, S. Colwell Connell Davis, E. T. Dent Dorminy Duke Farrar Floyd, J. H. Foster Fraser Geisinger

Harris, J. F. Hill, G. Howard Howell Hudson Hutchinson Irwin, J. R. Jessup Jordan Keyton King Lambert Lane, Dick

1838
Lane, W. J. Larsen, W. W. Lewis Logan Lowrey McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix

JOURNAL OF THE HOUSE,

Noble Northcutt Oxford Patten, G. C. Patterson Pearce Phillips, G. S. Phillips, L. L. Reaves Ritchie Rogers Ross Rush Sams Shanahan

Smith, J. R. Smith, V. B. Strickland Sweat Toles Twiggs Waddle Walker Ware Wheeler, Bobby Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Alien Atherton Bailey Berlin Blackshear Bohannon Bond Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Castleberry Chance Clark Coney Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dollar Edwards Egan

Elliott Ellis Evans Ezzard Floyd, L. R. Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Irvin, J. Irvin, R. Johnson Jones Knight Kreeger Larsen, G. K. Lee, W. J. (Bill)

Those not voting were Messrs.:

Adams, John Alexander, W. M. Bennett Collins, M. Daugherty

Davis, W. Harrington Mason Mauldin
McCracken

Lee, W. g. Levitas/ Marcus Matthews, C. Matthews, D. R. McKinney Odom Patten, R. L. Petro Pinkston Rainey Roach Russell, J. Russell, W. D. Shepherd Snow Stephens Thompson Townsend Triplett Tucker Turner Vaughn Wall Wamble Wheeler, J. A. Wilson, J. M.
Peters Savage Thomason Mr. Speaker

FRIDAY, MARCH 2, 1973

1839

On the adoption of the amendment, the ayes were 85, nays 81.

The amendment was adopted.

The following amendments were read and adopted:
Mr. Burruss of the 21st moves to amend the Committee substitute to HB 255 by deleting the words "up to three times the actual damages sustained as" from page 10, line 9.
Mr. Bohannon of the 64th moves to amend the Committee substitute to HB 255 by deleting the words "or services" on page 4, line 24.
Mr. Groover of the 75th moves to amend the Committee substitute to HB 255 by adding at the end of Section 10, a new subsection to be designated (e) to read as follows: "(e) In the case of an installment obligation, as a condition to bringing an action under this Act or main taining the same, the plaintiff shall pay into the registry of the court all accrued installments and the court in its discretion may order the payment of installments accruing while said action is pending. In the event the plaintiff shall fail to recover such monies so paid in shall be paid over to the obligee without cost.
Mr. Levitas of the 50th District moves to amend the Committee Substitute to HB 255 as follows:
By amending subsection (b) of Section 6 to read as follows:
"(b) Nothing contained in this Act shall be construed as re pealing, limiting or otherwise affecting the existing powers of the various regulatory agencies of the United States or the State of Georgia except that all agencies of this State, in making determina tions as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall con sider the situation in light of the policies expressed by this Act. No person shall be penalized or otherwise held liable under this Act for an act or action directed or authorized by a regulatory agency of the United States or the State of Georgia in the proper exercise of its jurisdiction and control respecting such person. The Ad ministrator shall not be authorized to exercise any of the powers herein granted against a person regulated by the Public Service Commission, the Comptroller General, or the Department of Bank ing and Finance of the State of Georgia, or by any regulatory agency of the United States for any acts or actions regulated by such agency or department except for the receipt of complaints, the referral of complaints to appropriate agencies or departments and the receiving of reports thereon unless such agency or depart ment certifies to the Administrator that the exercise of such powers against such persons would be in the public interest."

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JOURNAL OP THE HOUSE,

Mr. Levitas of the 50th moves to amend HB 255 (Committee Sub stitute) as follows:

By striking subsection (e) of Section 10 in its entirety and insert ing in lieu thereof a new subsection (c), to read as follows:

"(c) Any permanent injunction, judgment or order of the Court made under Section 7 of this Act shall be prima facie evidence in an action under this section for a violation of the same type oc curring prior to the Section 7 injunction, judgment or order that the defendant used or employed a method, act or practice declared unlawful by this Act, except that the Administrator may agree in any case that any such injunction, order or judgment entered by consent shall not be prima facie evidence and said injunction, order or judgment shall so state. In such cases, such injunction, order or judgment shall not have the effect of prima facie evidence and shall not be admissible as evidence or exhibit in any subsequent action by any person or public official other than an action by the Ad ministrator for subsequent breach of the terms of said injunc tion, order or judgment. A judgment for the defendant in a Section 7 action shall be prima facie evidence that no violation of this Act occurred under similar circumstances."

An amendment offered by Mr. Davis of the 85th was ruled out of order by the Speaker.

Th 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. Alexander, W. H. Alien Atherton Bailey Berlin Biackshear Bohannon Bond Brown, B. D.
Brown, C.

Brown, S. P. Buck Burruss Burton Busbee Carlisle Castleberry Chance, G. Clark Cole
Collins, S.

Coney Daugherty Dean, Gib Dean, J. E. Dent Dickey Dixon Dollar Duke Edwards
Egan

Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Geisinger Gignilliat Grantham Greer Groover Hamilton Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, W. L. Howard Hutchinson Irvin, J. Irvin, R. Johnsen Jones Jordan Knight

FRIDAY, MARCH 2, 1973

1841

Kreeger Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, C. Matthews, D. R. McDaniell McKinney Miles Morgan Mulherin Odom Oxford Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves

Roach Rogers Ross Rush Russell, W. D. Shanahan Shepherd Snow Stephens Sweat Thompson Townsend Triplett Tucker Turner Vaughn Waddle Wall Wamble Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams, J. H. Adams, Marvin Beckham Berry Brantley, H. H. Brantley, H. L. Bray Carr Coleman Collins, M. Colwell Connell Darfs, E. T. Dean, N. Dorminy Floyd, J. H. Foster

Fraser Grahl Harden Harris, J. F. Hill, G. Hudson Irwin, J. R. Jessup Keyton King Lambert Lane, W. J. Larsen, W. W. Logan McDonald Moyer Mullinax

Murphy Nessmith Noble Northcutt Patten, G. C. Pearce Ritchie Russell, J. Sams Smith, J. R. Smith, V. B. Toles Twiggs Walker Ware Wheeler, Bobby Wilson, M. L.

Those not voting were Messrs.:

Adams, John Alexander, W. M. Bennett Bostick

Carrell Davis, W. Harrington Horton, G. T.

Howell Lane, Dick Mason Mauldin

1842
McCracken Milford Nix

JOURNAL OP THE HOUSE,

Peters Savage Strickland

Thomason Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 51.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Groover of the 75th moved that HB 255, by substitute, as amended, be immediately transmitted to the Senate.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bond Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E.

Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Geisinger Grahl Grantham Greer Groover Hamilton Harden Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, W. L. Hudson Hutchinson Irvin, R.

Jessup Johnson Jones Jordan Knight Kreeger Lambert Larsen Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Marcus Matthews, C. McDaniell McKinney Miles Morgan Moyer Mulherin Mullinax Northcutt Odom Oxford Patten, R. L. Patterson Petro Phillips, L. L. Pinkston Rainey

Roach Rogers Ross Rush Russell, J. Russell, W. D. Shanahan Shepherd Snow Stephens

FRIDAY, MARCH 2, 1973
Sweat Thompson Townsend Triplett Tucker Turner Vaughn Waddle Walker

1843
Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, Marvin Beckham Brantley, H. H. Brantley, H. L. Carr Foster Harris, J. F.

Irwin, J. R. King Lane, W. J. Larsen, W. W. McDonald Nessmith Noble

Patten, G. C. Pearce Ritchie Sams Smith, J. R. Smith, V. B. Twiggs

Those not voting were Messrs.:

Adams, J. H. Adams, John Alexander, W. M. Bennett Bostick Buck Collins, M. Colwell Davis, W. Floyd, J. H. Fraser Gignilliat Harrington

Hill, G. Horton, G. T. Howard Howell Irvin, J. Keyton Lane, Dick Lowrey Mason Matthews, D. R. Mauldin McCracken Milford

Murphy Nix Peters Phillips, G. S. Reaves Savage Strickland Thomason Toles Ware Mr. Speaker

On the motion, the ayes were 121, nays 21.

The motion prevailed and HB 255, by substitute, as amended, was ordered immediately transmitted to the Senate.

Due to mechanical failure, the vote of Mr. Williams of the 9th did not record.

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:

1844

JOURNAL OF THE HOUSE,

HB 782. By Messrs. Lee and Northcutt of the 68th, Coleman of the 102nd and others:
A Bill to amend an Act providing 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.

The report of the Committee, which was favorable 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, J. H. Adams, Marvin Alexander, W. H. Atherton Bailey Beckham Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T.

Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Evans Ezzard Floyd, L. R. Foster Fraser Geisinger Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. -T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Jordan Keyton

King Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Lewis Logan Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Pinkston Reaves Ritchie Roach

Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd
Smith, J. R.

FRIDAY, MARCH 2, 1973

1845

Smith, V. B. Stephens Strickland Townsend Triplett Tucker Turner Twiggs Waddle
Wall

Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Those voting in the negative were Messrs. Berlin and Dixon.

Those not voting were Messrs.:

Adams, John Alexander, W. M. Alien Bennett Davis, W. Dean, Gib Ellis Farrar Floyd, J. H. Gignilliat Grahl Greer

Hill, B. L. Hill, G. Irvin, J. Johnson Jones Lambert Larsen, G. K. Levitas Lowrey Mason McCracken Murphy

Northcutt Peters Phillips, L. L. Rainey Snow Sweat Thomason Thompson Toles Vaughn Walker Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

HB 737. By Mr. Evans of the 89th: 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 restrict the hours for the retail sale of distilled spirits in unbroken packages; and for other purposes.
The following amendment was read:
Mr. Egan of the 25th moves to amend HB 737 by striking Section 2, renumbering other sections and striking the word "to" on line 7, page 1 and the following language through the word "jurisdictions" on line 10.

1846

JOURNAL OP THE HOUSE,

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Atherton Berry Bohannon Bond Brown, S. P. Buck Burruss Busbee Carr Carrell Castleberry Chance Clark Cole Coleman Colwell Connell Daugherty Davis, E. T. Dean, N. Dixon Dollar Dorminy Edwards Egan Ellis Ezzard Farrar

Floyd, L. R. Foster Geisinger Gignilliat Hamilton Harden Harris, J. R. Hays Hill, B. L. Horton, G. T. Howell Irvin, J. Irvin,R. Irwin, J. R.
Jessup Johnson Jordan Keyton Knight Kreeger Lane, W. J. Larsen, G. K. Lee, W. S. Levitas Logan Lowrey Matthews, C. Mauldin McDaniell McDonald McKinney

Moyer Mullinax Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Rainey Reaves Roach Rogers Russell, J. Russell, W. D. Smith, J. R. Sweat Toles Townsend Triplett Tucker Turner Twiggs Waddle Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams, G. D. Blackshear Bostick Brown, C. Burton Collins, S. Dent Dickey Duke Evans Grantham Greer Groover

Harrington Harris, J. F. Harrison Hill, G. Howard Hutchinson Lane, Dick Lewis Miles Milford
Morgan Mulherin

Nessmith Nix Noble Phillips, G. S. Pinkston Ross Rush Shanahan Snow Walker Wall Wheeler, Bobby

FRIDAY, MARCH 2, 1973

1847

Those not voting were Messrs.:

Alexander, W. M. Alien Bailey Beckham Bennett Berlin Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Carlisle Collins, M. Coney Davis, W. Dean, Gib
Dean, J. E. Elliott

Floyd, J. H. Fraser Grahl Hawes Horton, W. L. Hudson Jones King Lambert Larsen, W. W. Lee, W. J. (Bill) Marcus Mason Matthews, D. R. McCracken
Murphy Northcutt

Peters Petro Phillips, L. L. Ritchie Sams Savage Shepherd Smith, V. B. Stephens Strickland Thomason Thompson Vaughn Wilson, M. L. Mr. Speaker

On the adoption of the amendment, the ayes were 94, nays 37.

The amendment was adopted.

The following amendment was read:
Mr. Egan of the 25th moves to amend HB 737 by striking lines 20 through 27 on page 1 and substituting the following:
"Section 8A. County and municipal governing- authorities issuing licenses for the retail sale of distilled spirits either in un broken packages or by the drink shall have the power to regulate the days and hours on and during which sales may be made. This Section shall apply notwithstanding any other provision of law." and by changing the title 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.:

Adams, John Atherton Berry Bohannon Bond Brown, S. P. Buck

Burruss Carrell Castleberry Clark Daugherty Dixon Edwards

Egan fillis Ezzard Farrar Geisinger Gignilliat Hamilton

1848
Harden Hill, B. L. Horton, W. L. Irvin, R. Kreeger Larsen, G. K. Levitas Lowrey

JOURNAL OF THE HOUSE,

Matthews, C. McDonald McKinney Pearce Petro Rogers Russell, J. Russell, W. D.

Sams Shepherd Snow Sweat Townsend Tucker Wheeler, J. A. Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. H. Blackshear Bostick Brantley, H. H. Brantley, H. L. Brown, C. Burton Carlisle Carr Chance
Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Dean, Gib Dean, N. Dent Dickey Dorminy
Duke Elliott Evans Ployd, L. R.
Foster Fraser Grahl Grantham

Greer Groover Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hill, G. Howard Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jordan Keyton Lane, Dick Lane, W. J. Lee, W. S. Lewis Logan Matthews, D. R. Mauldin McDaniell Miles Milford Morgan Moyer Mulherin

Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Phillips, G. S. Phillips, L. L. Pinks ton Rainey Reaves Roach Ross Rush Shanahan Smith, J. R. Smith, V. B. Stephens Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Whitmire Williams Willis Wood

Those not voting were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. M. Alien Bailey Beckham Bennett Berlin

Bray
Brown, B. D. Busbee Coney Davis, W. Dean, J. E. Dollar Floyd, J. H.

Hays Horton Howell Jones King Knight Lambert Larsen, W. W.

Lee, W. J. Marcus Mason McCracken Mullinax Murphy Northcutt

FRIDAY, MARCH 2, 1973

1849

Patterson Peters Ritchie Savage Strickland Thomason Thompson

Toles Triplett Vaughn Ware Wilson, M. L. Mr. Speaker

On the adoption of the amendment, the ayes were 45, nays 91.

The amendment was lost.

The following amendment was read:
Mr. Harrison of the 116 moves to amend HB 737 as follows:
By adding after the semicolon following the word "exceptions" in line 11 of page 1, the following:
"to limit the applicability of this Act to counties having a population of 75,000 or more according to the United States Decen nial Census of 1970, and any future such census;"
By striking beginning in line 13 of page 2, the following:
"provided, however, a municipality or county governing au thority issuing' licenses for the rental sale of distilled spirits in unbroken packages having a population of 14,000 or less may issue a maximum of four licenses in their respective jurisdictions."
By renumbering Section 3 and Section 4 as Section 4 and Section 5, respectively, and by adding after line 29 on page 2 a new Section 3, to read as follows:
"Section 3. The provisions of this Act shall apply only to counties having a population of 75,000 or more according to the United States Decennial Census of 1970, and any future such

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1850

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Bohannon Bostick Castleberry Dean, N. Dixon Dorminy Edwards Ellis Evans Floyd, L. R. Gei singer

Grantham Greer Harden Harrison Hawes Hudson Irvin, J. Larsen, G. K. Matthews, C. Morgan Phillips, G. S.

Phillips, L. L. Rainey Rogers Rush Tucker Twiggs Wall Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Adams, G. D. Alien Atherton Berry Blackshear Brantley, H. H. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Collins, S. Colwell Connell Davis, E. T. Dent Dickey Duke Elliott Ezzard Farrar Floyd, J. H.

Foster Gignilliat Groover Harrington Harris, J. F. Harris, J. R. Hays Hill, G. Horton, W. L. Howell Hutchinson Irvin, R. Irwin Jessup Johnson Knight Lane, D. Lane, W. J. Lee, W. J. Lee, W. S. Lewis Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Moyer Mulherin

Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Pearce Petro Pinkston Reaves Ritchie Roach Ross Russell, J. Russell, W. D. Sams Shanahan Smith, V. B. Snow Stephens Sweat Triplett Turner Walker Wamble Willis

FRIDAY, MARCH 2, 1973

1851

Those not voting were Messrs.:

Adams, J. H. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Bond Brantley, H. L. Bray Brown, B. D. Burruss Collins, M. Coney Daugherty Davis, W. Dean, G. Dean, J. E.
Dollar

Egan Fraser Grahl Hamilton Hill, B. L. Horton Howard Jones Jordan Keyton King Kreeger Lambert Larsen, W. W. Levitas Logan Lowrey Marcus Mason McCracken

McKinney Murphy Northcutt Patterson Peters Savage Shepherd Smith, J. R. Strickland Thomason Thompson Toles Townsend Vaughn Waddle Ware Wheeler, B. Wilson, J. M. Wilson, M. L. Mr. Speaker

On the adoption of the amendment, the ayes were 33, nays 86.

The amendment was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, M. Alexander, W. H. Blackshear Bostick Brantley, H. L. Brown, C.

Brown, S. P. Burton Carlisle Carr Chance Cole Coleman

Collins, M. Collins, S. Colwell Daugherty Dickey Dixon Dorminy

1852
Duke Evans Ezzard Floyd, L. R. Foster Fraser Gignilliat Greer Groover Harrington Harris, J. F. Harrison Hawes Hays Hill, G. Howard Hutchinson Irvin, J. Irwin Jessup

JOURNAL OF THE HOUSE,

Jordan Keyton Knight Lane, W. J. Lee, W. S. Levitas Lewis Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Nessmith Nix Noble Odom Patten, G. C.

Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rush Shepherd Smith, J. R. Snow Turner Waddle Walker Wall Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Atherton Berry Bohannon Bond Bray Buck Carrell Castleberry Clark Connell
Davis, E. T.
Dean, N.
Dent
Edwards
Egan
Ellis
Geisinger
Grantham
Hamilton

Harden Harris, J. R. Hill, B. L. Horton Howell Hudson Irvin, R. Johnson Kreeger Larsen, G. K.
Larsen, W. W.
Lee, W. J.
Logan
Matthews, C.
McDonald
Mulherin
Mullinax
Oxford

Those not voting were Messrs.:

Adams, J. H. Adams, J. Alexander, W. M.

Alien Bailey Beckham

Patten, R. L. Patterson Pearce Petro Rogers Ross Russell, J. Russell, W. D. Sams Shanahan Smith, V. B. Sweat Townsend Tucker Twiggs Wamble Willis Wilson, J. M.
Bennett Berlin Brantley, H. H.

Brown, B. D. Burruss Busbee Coney Davis, W. Dean, G. Dean, J. E. Dollar Elliott Farrar Floyd, J. H. Grahl

FRIDAY, MARCH 2, 1973

1853

Horton Jones King Lambert Lane, D. Lowrey Marcus Mason McCracken Murphy Northcutt Peters

Phillips, L. L. Savage Stephens Strickland Thomason Thompson Toles Triplett Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 81, nays 55.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Evans of the 89th gave 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 737.

HB 862. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 49-313, relating to the resignation of guardians, as amended, so as to provide for the appoint ment of a successor guardian by the ordinary under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, J.

Adams, M. Alexander, W. H. Alexander, W. M.

Alien Atherton Bailey

1854
Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Dent Dickey Dixon Dorminy Duke Egan Ellis Evans Ezzard Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F.

JOURNAL OF THE HOUSE,

Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson
Irvin, J. Irwin Jessup Johnson Jones Jordan Keyton Knight Kreeger Lane, D. Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney
Miles Milford Morgan Moyer Mulherin Mullinax Nessmith
Nix Noble Northcutt

Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Sweat Toles Townsend Triplett Tucker Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams
Willis Wilson, J. M. Wilson, M. L. Wood, J. T.

Those not voting were Messrs.:

Beckham Bennett Blackshear Brown, B. D. Chance Clark

Cole Colwell Daugherty Davis, W. Dean, G. Dean, J. E.

Dean, N. Dollar Edwards Elliott Farrar Floyd, J. H.

Hamilton Hill, B. L. Hill, G. Irvin, R. King Lambert

FRIDAY, MARCH 2, 1973
Lewis Mason McCracken Murphy Shepherd Smith, J. R.

Strickland Thomason Thompson Turner Twiggs Mr. Speaker

1855

On the passage of the Bill, the ayes were 144, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 863. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, as amended, so as to provide that the ordinary of the county may appoint a successor guard ian under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.

Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dent Dickey Dixon

Duke Edwards Egan Evans Ezzard Ployd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays

1856
Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lane, D. Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J.
Lee, W. S.
Levitas
Logan Lowrey
Marcus
Matthews, C.

JOURNAL OF THE HOUSE,

Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson
Pearce
Petro
Phillips, L. L.
Pinkston
Rainey
Reaves
Ritchie
Roach
Ross

Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Snow Stephens Sweat Toles Townsend Triplett Tucker Turner Waddle Walker
Wall
Wamble
Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

Those not voting were Messrs.:

Beckham Bennett Blackshear Buck Colwell Davis, W. Dean, G. Dean, J. E. Dean, N. Dollar Dorminy Elliott Ellis Farrar

Floyd, J. H. Gignilliat Grahl Hill, B. L. Hill, G. Howard Howell Lambert Lewis Mason Matthews, D. R. McCracken Miles Murphy

Northcutt Peters Phillips, G. S. Rogers Shepherd Smith, V. B. Strickland Thomason Thompson Twiggs Vaughn Wheeler, B. Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 138, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 2, 1973

1857

HB 754. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend Code Title 24A, as amended, so as to provide for the establishment of community rehabilitation centers; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, J. Adams, M. Alexander, W. H. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, S. Coney Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy

Edwards Egan Evans Ezzard Ployd, L. R. Foster Fraser Geisinger Grantham Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Keyton King Knight Lane, D. Larsen, W. W. Lee, W. J. Lee, W. S.

Levitas Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, J, R,

1858
Smith, V. B. Snow Stephens Sweat Toles Town send Triplett

JOURNAL OP THE HOUSE,

Tucker Turner Twiggs Waddle Walker Wall Wamble

Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs. :

Alexander, W. M. Beckham Bennett Bond Brown, B. D. Buck Burruss Chance Collins, M. Colwell Connell Davis, W. Dean, G. Dollar Duke Elliott

Ellis Farrar Floyd, J. H. Gignilliat Grahl Greer Groover Hill, G. Howard Kreeger Lambert Lane, W. J. Larsen, G. K. Lewis Logan Mason

McCracken McDaniell Murphy Northcutt Peters Phillips, L. L. Rainey Russell, W. D. Shepherd Strickland Thomason Thompson Vaughn Ware Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 783. By Messrs. Nessmith and Lane of the 76th, Collins of the 122nd, Lowrey of the 15th and others:
A Bill to provide the procedure for showing the number of copies and approximate cost to certain printings; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 2, 1973

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, M. Alexander, W. M. Alien Atherton Bailey Berry Bohannon Bo stick Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee
Carlisle
Carr
Carrell Castleberry Chance Clark Cole Coleman
Collins, M.
Collins, S.
Colwell Coney Connell
Davis, E. T.
Dean, J. E.
Dean, N.
Dent Dixon
Dollar
Dorminy
Duke Edwards
Egan Evans Ezzard
Ployd, L. R. Foster Fraser Geisinger Grahl

Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R.
Irwin Jessup Johnson
Jones Jordan Keyton King
Knight Kreeger
Lane, D.
Lane, W. J. Larsen, G. K.
Larsen, W. W.
Lee, W. J. Lee, W. S.
Logan
Lowrey Marcus Matthews, C. Matthews, D. R.
Mauldin McDaniell
McKinney
Miles
Milford
Morgan
Moyer Mulherin Mullinax Nessmith

Nix Noble Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan
Smith, J. R. Smith, V. B.
Snow Stephens Sweat
Toles Townsend
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle Walker Wall
Wamble
Ware
Wheeler, B.
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

1859

1860

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, J. Alexander, W. H. Beekham Bennett Berlin Blackshear Bond Brantley, H. H. Brown, B. D. Buck Daugherty Davis, W. Dean, G. Dickey

Elliott Ellis Farrar Floyd, J. H. Gignilliat Greer Hamilton Hawes Horton Irvin, J. Lambert Levitas Lewis Mason

McCracken McDonald Murphy Northcutt Patten, G. C. Petro Phillips, L. L. Russell, W. D. Shepherd Strickland Thomason Thompson Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 799. By Mr. Rainey of the 115th:
A Bill to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bostick

Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance

Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickey

Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Ployd, L. R. Foster Fraser Gei singer Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R.
Irwin
Jessup
Johnson

FRIDAY, MARCH 2, 1973

1861

Jones Jordan King Knight Kreeger Lane, D. Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro
Phillips, L. L.
Pinkston
Rainey

Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.

Adams, J. Keyton

Lane, W. J. Lowrey

Toles

Those not voting were Messrs.:

Beckham Bennett Bond Brown, B. D. Buck Collins, M. Davis, W.

Dean, G. Farrar Floyd, J. H. Greer Hill, B. L. Hill, G. Howell

Lambert Le vitas Lewis Logan Mason McCracken McDonald

1862
Murphy Northcutt Phillips, G. S.

JOURNAL OF THE HOUSE,

Russell, W. D. Thomason Thompson

Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 5.

The Bill, having received the requisite consitutional majority, was passed.

Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th stated that they had each inadvertently voted "nay" on the passage of HB 799 and had each intended to vote "aye".

HB 750. By Mr. Cole of the 6th: A Bill to be entitled an Act to authorize municipal corporations and counties to levy and impose certain excise taxes, so as to delete certain prohibitions against political subdivisions levying certain taxes; and for other purposes.
The following amendment was read and adopted:
Mr. Hawes of the 43rd moves to amend HB 750 by striking from Section 3, lines 9 through 25 on page 2.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Berlin Berry Bohannon

Bostick Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carrell Castleberry Chance

Clark Cole Colwell Coney Connell Daugherty Davis, E. T. Dean, J. E. Dent Dickey Dixon

Edwards Egan Elliott Evans Ezzard Floyd, L. R. Foster Geisinger Gignilliat Grantham
Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin,R. Irwin Jessup Johnson Jones Keyton

FRIDAY, MARCH 2, 1973

1863

King Knight Kreeger Lane, D. Larsen, G. K. Lee, W. J. Lee, W. S. Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey

Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, V. B. Snow Sweat Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Coleman Dorminy

Fraser Howard

Larsen, W. W. Nix

Those not voting were Messrs.:

Bailey Beckham Bennett Blackshear Bond Brantley, H. H. Brantley, H. L.
Brown, B. D.
Buck
Carr
Collins, M.
Collins, S.
Davis, W.

Dean, G. Dean, N. Dollar Duke Ellis Farrar Floyd, J. H.
Grahl
Groover
Hill, B. L.
Howell
Jordan
Lambert

Lane, W. J. Levitas Lewis Mason McCracken McDaniell McDonald
Murphy
Northcutt
Patten, G. C.
Petro
Phillips, G. S.
Russell, W. D,

1864
Shepherd Smith, J. R. Stephens

JOURNAL OF THE HOUSE,

Strickland Thomason Thompson

Vaughn Wheeler, B. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 126, nays 6.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 456. By Messrs. Roach of the 8th and Morgan of the 70th:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds that are sufficient to authorize the granting of a total divorce; and for other purposes.

The report of the Committee, which was favorable 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, J. Adams, M.
Alexander, W. H. Alexander, W. M. Atherton Berlin Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry
Clark Cole Coleman

Colwell Coney
Connell Daugherty Davis, E. T. Dent Dixon Dorminy Duke Edwards Egan Elliott Evans Ezzard Floyd, L. R. Foster Grahl Grantham Greer Groover
Hamilton Harden Harrington

Harris, J. R. Harrison
Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Jessup Jones Jordan Keyton King Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. Lee, W. S. Levitas

Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney
Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford

FRIDAY, MARCH 2, 1973

1865

Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B.

Snow Stephens Sweat Thompson
Toles Townsend Tucker Twiggs Waddle Walker Wall
Wamble Wheeler, J. A.
Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, G. D. Bray Dickey

Gignilliat Johnson

Knight Ritchie

Those not voting were Messrs.:

Adams, J. H. Alien Bailey Beckham Bennett Blackshear Bond Brown, B. D. Buck Chance Colling, M. Collins, S. Davis, W. Dean, G. Dean, J. E. Dean, N. Dollar

Ellis Farrar Floyd, J. H. Fraser Geisinger Harris, J. F. Hill, B. L. Hill, G. Irvin, J. Irwin, J. R. Lambert Lane, D. Lewis Mason McCracken McDonald

Murphy Northcutt Patten, G. C. Petro Phillips, G. S. Russell, W. D. Savage Strickland Thomason Triplett Turner Vaughn Ware Wheeler, B. Whitmire Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 7.

The Bill, having received the requisite constitutional majority, was passed.

1866

JOURNAL OF THE HOUSE,

HB 848. By Messrs. Carlisle of the 67th, Buck of the 87th, Bailey of the 68th and others:
A Bill to be entitled an Act to amend Code Chapter 68-1, relating to licenses, as amended, so as to add a new Code Section 68-101.1 defining the term "motorized cart"; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, J. Adams, M. Alexander, W. H. Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, G. Dent

Dickey Dixon Dorminy Duke Edwards Egan Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin Jessup

Johnson Keyton King Knight Kreeger Lane, D. Lane, W. J. Larsen, G. K. Lee, W. J. Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro

Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan

FRIDAY, MARCH 2, 1973

1867

Shepherd Smith, J. R. Smith, V. B. Snow Sweat Toles Townsend Tucker Turner Twiggs Waddle

Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Chance Floyd, J. H.
Hill, G.

Jordan Larsen, W. W.

Levitas Ritchie

Those not voting were Messrs.:

Alexander, W. M. Alien Beckham Bond Brown, B. D. Buck Coleman Davis, W. Dean, J. E. Dean, N. Dollar

Elliott Hamilton Hill, B. L. Jones Lambert Lewis McCracken McDonald Murphy Northcutt

Pinkston Russell, W. D. Stephens Strickland Thomason Thompson Triplett Vaughn Wheeler, B. Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 7.

The Bill, having received the requisite constitutional majority, was passed.

HB 849. By Messrs. Carlisle of the 67th, Buck of the 87th, Bailey of the 68th and others:
A Bill to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to define "motorized cart"; to authorize local gover ning authorities to designate certain streets and highways for use by motorized carts; and for other purposes.

1868

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act known as the "Uniform Act
Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act ap proved March 12, 1965 (Ga. Laws 1965, p. 188), so as to define the term "motorized cart"; to authorize local governing authorities to designate certain public streets for use by motorized carts during certain hours and to provide for regulations for the use by such motorized carts of such public streets so designated; to exempt motorized carts from motor vehicle inspection requirements; to exempt motorized carts from motor vehicle equipment requirements; 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 known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), is hereby amended by inserting at the end of Section 2 a new subsection to be designated subsection (g), to read as follows:

"(g) Motorized cart. Every motor vehicle having no less than three wheels in contact with the grounds, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 20 miles per hour and designed to carry not more than two persons, including the driver."

Section 2. Said Act is further amended by inserting between Section 29 and 30 a new Section to be designated Section 29A, to read as follows:

"Section 29A. If a local governing authority finds that a public street located within its territorial boundaries and under its jurisdiction is designed and constructed so as to safely permit the use thereof of regular vehicular traffic and also the driving of motorized carts thereon, the local governing authority may by ordinance designate such public street or any portion thereof for such combined use and prescribe regulations therefor which shall have the force of law. Upon such designation becoming effective it shall be lawful to drive motorized carts upon such public streets in accordance with the regulations prescribed as aforesaid; provided, however, such motorized cards may be operated on such streets only during daylight hours, unless such motorized carts are equipped in accordance with the requirements of Sections 103 through 108 of this Act. Such regulations may establish speed limits and other operating standards but shall not require that the motorized carts conform to any requirements of general law with respect to inspec tion, equipment, registration, or licensing. Such regulations shall prescribe, however, that such motorized carts may cross streets or

FRIDAY, MARCH 2, 1973

1869

highways under the jurisdiction of the Department of Transporta tion only at crossings or intersections designated for that purpose by the Department of Transportation. The regulations shall not be effective until appropriate signs giving notice thereof are posted along the public streets affected."

Section 3. Said Act is further amended by inserting in subsection (c) of Section 102 after the first sentence the following sentence:

"The provisions of this article with respect to equipment on vehicles shall not apply to motorized carts, as defined by sub section (g) of Section 2 of this Act, except as otherwise provided by Section 29A of this Act.",

so that when so amended said subsection shall read as follows:

" (c) The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandry, road mach inery, road rollers, or farm tractors except as herein made ap plicable. The provisions of this article with respect to equipment on vehicles shall not apply to motorized carts, as defined by sub section (g) of Section 2 of this Act, except as otherwise provided by Section 29A of this Act. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 103 display a red tail light and either a multiple beam or single beam road lighting equipment meeting the requirements of Sections 106 and 113 respectively."

Section 4. Said Act, as amended, particularly by an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), is hereby amended by adding at the end of the first paragraph of subsection (a) of Section 126 the following:

"Provided, however, motorized carts, as defined by subsection (g) of Section 2 of this Act shall not be subject to the provisions of this Section, except as otherwise provided by Section 29A of this Act",

so that when so amended the first paragraph of subsection (a) shall read as follows:

"(a) The director shall once each year require that every motor vehicle, trailer and semi-trailer registered in this State be inspected and that an official certificiate of inspection and approval be obtained for each such vehicle. Provided, however, those trailers or semi-trailers which are built upon a chassis and are designed to be used as a dwelling without a permanent foundation and which exceed a width of 8 feet and a length of 29 feet or a gross weight of 4,500 pounds shall not be subject to the provisions of this Section. Provided, however, motorized carts, as defined by subsection (g) of Section 2 of this Act shall not-be subject to the provisions of this Section, except as otherwise provided by Section 29A of this Act.".

1870

JOURNAL OF THE HOUSE,

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Jordan of the 58th, was read and lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berlin Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell

Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Evans Ezzard Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L.

Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax

Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie

FRIDAY, MARCH 2, 1973

1871

Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Toles

Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Davis, E. T. Grahl Hill, G.

Jordan Lane, W. J. Larsen, W. W.

Rainey Wall

Those not voting were Messrs.:

Adams, J. H. Alien Berry Bond Brantley, H. L. Brown, B. D. Buck Dean, Gib Dixon

Ellis Farrar Floyd, J. H. Hill, B. L. Irvin, R. Jones Lambert Lewis Mason

McCracken Murphy Peters Sweat Thomason Thompson Townsend Triplett Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 8.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 972. By Mr. Larsen of the 27th: A Bill to be entitled an Act to provide for the protection of rare speci mens of animal life within this State; and for other purposes.

1872

JOURNAL OF THE HOUSE,

Mr. Rush of the 104th moved that further consideration of HB 972 be postponed until Monday, March 5, 1973, immediately after the period of unanim ous consents.

The motion prevailed and HB 972 was postponed.

Mr. Connell of the 80th 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.

MONDAY, MARCH 5, 1973

1873

Representative Hall, Atlanta, Georgia Monday, March 5, 1973

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 E. Horton, Jr., Pastor, White Bluff United Methodist Church, Savannah, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Monday, March 5, 1973, and submits the following:
HB 18. Aircraft, Prohibit Tax or Fee

1874

JOURNAL OP THE HOUSE,

HB 37. Criminal Justice Act, Indigents HB 78. No-Fault Motor Vehicle Insurance HB 164. Insurance, Lending Institutions HB 193. Teachers' Retirement System, Benefits HB 329. Cities--Malt Beverage, Excise Tax HB 332. Water Vessels, Regulation and Numbering HB 360. Health & Welfare, Services, Revise HB 397. Massive Water Related Recreational Events HB 432. MFPE, Local Units Capital Outlay HB 504. Hospitals & Institutions, Certificate of Need HB 566. Electors, Provide Registration by Mail HB 579. Ga. Crime Information Center, Provide HB 596. Freshwater Trout, Commercial Sale HB 720. Unemployed Benefits, Waiting Period HB 784. Landlords, Powers, Rents and Distress Warrant HB 800. Life Insurance & Annuity Contracts, Reserves HB 806. Cities & Counties, Hotel-Motel Tax Levy HB 854. Drivers' Licenses, Classes, four year Licenses HB 972. Animal Life, Protection of Rare Spacimens, Postponed HB 979. State Official, Compensation Bills SB 30. Judicial Council of the State of Georgia SB 140. Public Transportation, New Code

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lewis of the 77th, Secretary.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1125. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", as amended, so as to change the provisions

MONDAY, MARCH 5, 1973

1875

relative to the initial adjustment of allotments of personnel and State funds; and for other purposes.
Referred to the Committee on Education.

HB 1126. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to provide for a Board of Education of Habersham County; to provide for the composition of said Board and for the election of the members thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1127. By Mr. Matthews of the 122nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, tax collector, tax receiver, clerk of the superior court and the ordinary of Colquitt County on an annual salary in lieu of the fee system of com pensation, 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 1128. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act establishing and creating a new charter for the Town of Homer, so as to change the terms of office of the mayor and councilmen of said town beginning with the election in 1974; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1129. By Messrs. Lewis and McCracken of the 77th, Nessmith and Lane of the 76th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Burke County; to prescribe the practice and pleading in said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1130. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Barnesville, so as to remove certain restrictions as to residence of a person to be elected as Recorder; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1876

JOURNAL OF THE HOUSE,

HB 1131. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Barnesville, so as to extend and update existing City Ward Boundaries; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1132. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the Town of Williamson, so as to provide for the compensation for the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1133. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Barnesville, so as to grant to the City the power to finance, construct, operate and dispose of a community Antenna Television ser vice System; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1134. By Mr. Bostick of the 123rd:
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 names of the designated offices of "Mayor and Vice Mayor" to the designated names of "chairman and vice chairman"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1135. By Mr. Townsend of the 24th:
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 compensation of the elected members of the governing authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1136. By Mr. Tucker of the 69th: A Bill to be entitled an Act to amend an Act creating the Henry County

MONDAY, MARCH 5, 1973

1877

Water and Sewerage Authority, so as to change the compensation of the members of the Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1137. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hampton in the County of Henry, so as to create a recorder's court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1138. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to fix the compensation for coroners in cer tain counties (population not less than 23,600 and not more than 23,800) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1139. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1140. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Henry County, so as to change the expense allowance of the Chairman and other members of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1141. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Locust Grove, so as to create a recorder's Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1878

JOURNAL OF THE HOUSE,

HB 1142. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge in the County of Henry, 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 1143. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to amend an Act placing the coronor of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1144. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to provide that at the expiration of the term of office of the present Marion County School Superintendent, the Board of Education of Marion County shall appoint the School Superintendent; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1145. By Mr. Turner of the 3rd:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, Sheriff, Ordinary and Tax Commissioner of Murray County upon an annual salary, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1146. By Mr. Turner of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Commissioner of Murray County, so as to change the compensation and expense allow ance of the Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1147. By Mr. Howell of the 118th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Sheriff of Miller County, so as to change the provisions

MONDAY, MARCH 5, 1973

1879

relative to the sheriffs deputies, feeding prisoners and operating ex penses; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1148. By Mr. Alexander of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Pulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1149. By Mr. Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act relating to the manner in which utility tariff changes may be implemented of the Code of Georgia of 1933, so as to provide that the Georgia Public Service Commission may impose a further suspension not in excess of five months in order to complete hearings thereon; and for other purposes.
Referred to the Committee on Industry.

HB 1150. By Mr. Bennett of the 124th:
A Bill to be entitled an Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Twin Lakes in the County of Lowndes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1151. By Messrs. Lambert of the 97th, Mauldin and Milford of the 13th:
A Bill to be entitled an Act to stagger the terms of office of members of the Board of Education of Greene County; to provide for the prac tices and procedures in connection with the foregoing; to provide for the appointment of the County School Superintendent of Greene County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1152. By Mr. Adams of the 84th: A Bill to be entitled an Act to create a charter for the City of Royal
Lodge, Georgia; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1880

JOURNAL OF THE HOUSE,

HR 295-1152. By Messrs. Busbee of the 114th, Floyd of the 5th, Lane of the 76th, Harris of the 8th, Murphy of the 18th, Castleberry of the 96th:
A Resolution renaming the Pataula Creek State Park as the George T. Bagby State Park; 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:
HB 1050. By Mr. Walker of the 100th: A Bill to be entitled an Act to create and establish a telephone Authority for the City of Perry and to authorize such Authority to acquire and maintain such facilities to improve telephone systems; and for other purposes.
HB 1051. By Messrs. Patten and Bostick of the 123rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, so as to change the salary of the mayor and aldermen; and for other purposes.
HB 1052. By Messrs. Ware, Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that a candidate for the Board of Education must run for a particular seat on said Board and that said candidate must get a majority of the votes cast for the seat which he is seeking; and for other purposes.
HB 1053. By Messrs. Ware, Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that a candidate for Mayor or City Council must receive a majority of the votes cast to fill such public office; and for other purposes.
HB 1054. By Messrs. Ware of the 65th, Lowrey of the 15th and Bostick of the 123rd: A Bill to be entitled an Act to provide minimum salaries for the tax collectors and tax commissioners of the various counties within the State to be paid from county funds; and for other purposes.
HB 1055. By Mr. Sweat of the 125th: A Bill to be entitled an Act to amend an Act placing the Sheriff of

MONDAY, MARCH 5, 1973

1881

Clinch County on an annual salary in lieu of the fee system of com pensation, so as to change the provisions relating to the compensation of the deputies and the part-time deputy; and for other purposes.

HB 1056. By Mr. King of the 85th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions, so as to provide relief from income taxes through a system of state income tax credits to individual taxpayers; and for other purposes.

HB 1057. By Mr. King of the 85th:
A Bill to be entitled an Act to amend the "Georgia Building Authority Act", so as to change the bonding capacity of the Authority; and for other purposes.

HB 1058. By Mr. King of the 85th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to create the Executive Board of the Georgia World Congress Center; to provide for the appointment of the Board; and for other purposes.

HB 1059. By Mr. Miles of the 79th:
A Bill to be entitled an Act to provide that the homestead of each resident of the Richmond County School District 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 edu cational purposes levied for and in behalf of such school system; and for other purposes.

HB 1060. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend Code Chapter 88-26, relating to Water Supply Quality Control, so as to repeal certain provisions re quiring notice and hearing prior to the denial, modification or revoca tion of certificates; and for other purposes.

HB 1061. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, so as to change the provisions relative to laying out and opening streets and widening streets; and for other purposes.

1882

JOURNAL OP THE HOUSE,

HB 1062. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A Bill to be entitled an Act to amend an Act creating the McDuffie County Small Claims Court, so as to change certain of the costs pre scribed for various proceedings in said court; and for other purposes.

HB 1063. By Messrs. Sams of the 83rd, Beckham of the 82nd, Connell of the 80th, Miles of the 79th and Lewis of the 77th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that the Recorder and Assistant-Recorder need not be qualified to vote for the Mayor of the City and members of the City Council; and for other purposes.

HB 1064. By Messrs. Elliott of the 49th, Burton of the 47th, Hill of the 41st and Noble of the 48th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to sell or furnish to any person a hypodermic syringe or needle except pursuant to a written prescription; and for other pur poses.

HB 1065. By Mr. Geisinger of the 44th:
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 require the ordinary or the governing authority of each county or Municipality in this State, as the case may be, in which the sale of distilled spirits or spirituous liquors is not authorized to issue the call for an election to determine whether or not distilled spirits or spirituous liquors shall be sold in any such county or municipality; and for other purposes.

HB 1066. By Mr. Matthews of the 62nd:
A Bill to be entitled an Act to authorize certain counties and all municipalities and other political subdivisions located wholly or partially within such counties to jointly provide for the centralization of their governmental facilities and operations; and for other purposes.

HB 1067. By Messrs. Horton of the 56th, Dollar of the 63rd, Russell of the 53rd, Savage of the 30th, Bostick of the 123rd, Hudson of the 115th, Elliott of the 49th and Irvin of the 23rd:
A Bill to be entitled an Act to amend Code Section 105-1302, relating to actions for the homicide of a husband or parent, so as to change the provisions relating to who is eligible to sue and recover for the homicide of a father or husband; and for other purposes.

MONDAY, MARCH 5, 1973

1883

HB 1068. By Mr. Horton of the 56th:
A Bill to be entitled an Act to amend the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to change the provisions relating to which political subdivisions may issue licenses for the sale of alcoholic beverages by the drink; and for other purposes.

HR 289-1068. By Messrs. Horton of the 56th and Hudson of the 115th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of court costs and attorneys' fees as a part of just and adequate compensation in cases or in any type or types of cases, involving the taking or damage of private property for public purposes.
HB 1070. By Messrs. Dorminy of the 115th and Larsen of the 27th: A Bill to be entitled an Act to provide for a comprehensive soil erosion and sediment control program; and for other purposes.
HB 1071. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes levied by certain county school districts (population not less than 90,000 and not more than 140,000) the home stead of any resident of any such county school district who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000 per annum; and for other purposes.
HB 1072. By Mr. Jordan of the 58th: 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 1073. By Mr. Connell of the 80th: A Bill to be entitled an Act to provide that the governing authority of Richmond County shall provide, within constitutional limitations, governmental services which shall be, as near as practical, equal and uniform throughout the territorial limits of Richmond County; and for other purposes.
HB 1074. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for the counties of said Circuit; and for other purposes.

1884

JOURNAL OF THE HOUSE,

HB 1075. By Messrs. Ritchie of the llth and Irvin of the 10th:
A Bill to be entitled an Act to amend an Act creating the State Court of Stephens County, so as to change the provisions relative to the terms of said court; and for other purposes.

HB 1076. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend an Act creating the State Court of Habersham County, so as to change the provisions relative to the terms of said court; and for other purposes.

HB 1077. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city; and for other purposes.

HB 1078. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the sale of city property; and for other purposes.

HB 1079. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide that the homestead of each resident of any county having certain populations (not less than 28,275 and not more than 29,650) who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemp tion from all ad valorem taxation for educational purposes.

HB 1080. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compensa tion of Tax Commissioner; and for other purposes.

HB 1081. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act fixing the salary for the Chairman of Commissioners of Roads and Revenue and the Com missioners of Roads and Revenue of Pike County, so as to increase the compensation of the Chairman of Commissioners and the Commissioners of Roads and Revenue; and for other purposes.

MONDAY, MARCH 5, 1973

1885

HB 1082. By Messrs. Bohannon and Patterson of the 64th:
A Bill to be entitled an Act to provide that the homestead of each resident of certain counties (population not less than 45,000 and not more than 50,000) 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; and for other purposes.

HB 1083. By Mr. Coleman of the 102nd:
A Bill to be entitled an Act to amend an Act prohibiting the sale, transporting or possession of fireworks, so as to provide that persons or firms conducting public exhibitions or displays of fireworks shall not be required to post a bond if such is approved by the State Fire Marshal; and for other purposes.

HB 1084. By Mr. Russell of the 53rd:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony for the support of a wife, or child or children to be revised, so as to authorize courts to modify permanent alimony decrees of courts of other states under certain conditions; and for other purposes.

HB 1085. By Mr. Russell of the 53rd:
A Bill to be entitled an Act to amend Code Section 30-127, relating to the custody of children in connection with the granting of divorces, so as to provide that in all cases of divorce granted, the court shall determine which of the parties shall have custody of the minor children of the marriage; and for other purposes.

HB 1086. By Messrs. Russell of the 53rd, Levitas of the 50th, Davis of the 56th, Horton of the 56th, Burton of the 47th, Floyd of the 56th and Dean of the 54th:
A Bill to be entitled an Act to create one additional judgeship within the Stone Mountain Judicial Circuit; and for other purposes.

HB 1087. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend Code Section 114-107, relating to employers and employees to whom Code Title 114, the Workmen's Compensation Law, is inapplicable, so as to provide that said Code Title shall not apply to barbers or barber establishments; and for other purposes.

1886

JOURNAL OF THE HOUSE,

HB 1088. By Messrs. Knight, Ware and Mullinax of the 65th:
A Bill to be entitled an Act to amend the Charter for the City of Newnan, so as to change the terms of office of the mayor and aldermen; and for other purposes.

HB 1089. By Messrs. Knight, Mullinax and Ware of the 65th:
A.Bill to be entitled an Act to authorize any hospital in this State to pay the proceeds of any overpayment received by the hospital under the Medicare Program to the surviving spouse; and for other purposes.

HB 1090. By Messrs. Knight, Ware and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan, so as to authorize the City to extend its water, sewerage and electrical distribution systems without and beyond the corporate limits of the City; and for other purposes.

HB 1091. By Messrs. Knight, Mullinax and Ware of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Grantville, so as to change the corporate limits of said city; and for other purposes.

HE 290-1091. By Mr. Harris of the 8th:
A Resolution authorizing the conveyance of certain State-owned real property located in Bartow County; and for other purposes.

HB 1092. By Mr. Egan of the 25th:
A Bill to be entitled an Act to amend an Act providing for a uniform county commissioner's law, so as to provide that the county manager in certain counties shall be the chief administrative officer of the county; and for other purposes.

HB 1093. By Messrs. Levitas of the 50th, Burruss of the 21st, Evans of the 89th, Petro of the 46th, Turner of the 3rd, Noble of the 48th, Coney of the 89th, Marcus of the 26th and others:
A Bill to be entitled an Act to provide for definitions; to provide for declaration of purposes; to provide for the development of comprehensive plans for the protection of any major stream which constitutes the primary source of public water supply in each standard Metropolitan Statistical Area of this State having a population of more than 1,000,000; to provide for the preparation of such plans by the Metropolitan Area Planning and Development Commission established in each such area; to provide for public hearings; and for other purposes.

MONDAY, MARCH 5, 1973

1887

HB 1094. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for a single class license plate fee of $8 for all passenger vehicles, motorcycles, trailers and small trucks not exceed ing 6,000 pounds in gross weight; and for other purposes.

HB 1095. By Mr. Horton of the 56th: A Bill to be entitled an Act to amend Code Chapter 92-34, relating to the estate tax, so as to provide for the filing and time for filing of cer tain estate tax documents, to provide interest rates in certain instances; and for other purposes.
HB 1096. By Mr. Horton of the 56th: A Bill to be entitled an Act to amend an Act creating and requiring a comprehensive, uniform, state-wide system for the taxation of property within this State so as to amend those provisions of said Act relating to the appointment and duties of Chief Appraiser; and for other purposes.
HB 1097. By Mr. Horton of the 56th: A Bill to be entitled an Act to amend Code Section 92-5902, of the Code of Georgia of 1933, so as to provide that said Code Section shall not be applicable to those persons or companies doing a water business; and for other purposes.
HB 1098. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend Section 92-3102 of the Code of Georgia of 1933, so as to provide for the clarification of the non-deductibility of certain taxes paid by corporations; and for other purposes.
HB 1099. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend Section 92-3303 of the Code of Georgia of 1933, so as to reduce from two years to 90 days the time within which taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes.
HB 1100. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend Section 92-3113 of the Code of Georgia of 1933, so as to provide for the clarification of the Three Factor Ratio so that the payroll factor conforms to the uniform Division of the Income for Tax Purposes Act and the Multistate Tax Compact; and for other purposes.

1888

JOURNAL OF THE HOUSE,

HB 1101. By Mr. Davis of the 85th:
A Bill to be entitled an Act to amend Section 92-3002, of the Code of Georgia of 1933, so as to change the definition of the word "nonresident" for income tax purposes, to clarify the definition of the word "non resident"; and for other purposes.

HB 1102. By Mr. Harris of the 51st:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, so as to provide that the filing for record of a real estate in strument securing a long-term note without payment of the intangible tax in the manner prescribed by said Act shall not constitute legal notice to anyone except in those cases where the State Revenue Commissioner has determined such tax is not payable; and for other purposes.

HB 1103. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to clarify the credit to be al lowed for returned property; and for other purposes.

HB 1104. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers' Sales and Use Tax Act, so as to require dealers found to be de linquent or otherwise in default under the Act to furnish a good and valid bond in a surety company; and for other purposes.

HB 1105. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that a levy on sub stantially all of the goods or equipment of a place of business may be preserved by closing the place of business; and for other purposes.

HB 1106. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that property used or retained in production shall be deemed not to have been sold in certain circumstances; and for other purposes.

HB 1107. By Mr. Cole of the 6th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that a claim for refund shall constitute a waiver of the period of limitations for the taxable months for which the claim is filed; and for other purposes.

MONDAY, MARCH 5, 1973

1889

HB 1108. By Mr. Cole of the 6th:
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 when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50% of the tax bill; and for other purposes.

HB 1109. By Mr. Cole of the 6th:
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 increase the interest rate on delinquent taxes; and for other purposes.
HB 1110. By Messrs. Buck of the 87th and Dixon of the 126th:
A Bill to be entitled an Act to amend an Act relating to license and ex cise taxes upon the business of dealing in malt beverages, so as to pro vide for an excise tax which may be imposed on malt beverages by mu nicipalities and counties; and for other purposes.

HR 291-1110. By Mr. Mulherin of the 81st:
A Resolution authorizing the expenditure of certain sums of money by the Atlanta Metropolitan Rapid Transit Authority Overview Com mittee; and for other purposes.

HB 1111. By Mr. Waddle of the 98th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to define the corporate limits; and for other purposes.

HB 1112. By Mr. Marcus of the 26th:
A Bill to be entitled an Act to amend Code Section 59-202, relating to the number of grand jurors, so as to provide for two alternative grand jurors; and for other purposes.

HB 1113. By Mr. Wheeler of the 127th:
A Bill to be entitled an Act to amend an Act making it unlawful for any motor vehicle to be operated with flashing or revolving blue lights and providing other restrictions relative to motor vehicle lights, so as to change the provisions relative to motor vehicles with flashing or revolving red lights; and for other purposes.

HB 1114. By Mr. Matthews of the 122nd: A Bill to be entitled an Act to amend an Act creating a new charter for

1890

JOURNAL OF THE HOUSE,

the City of Moultrie, so as to change the corporate limits of said city; and for other purposes.

HB 1115. By Messrs. Morgan of the 70th and Hutchinson of the 114th:
A Bill to be entitled an Act to amend Code Chapter 66-1, relating to employment and wages, so as to provide that such payments may also be made by other forms of demand negotiable instruments or authoriza tion of credit transfer; and for other purposes.

HB 1116. By Messrs. McKinney of the 35th and Hill of the 110th:
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 every county or municipality where the sale of distilled spirits or alcoholic beverages is authorized may authorize the issuance of licenses to sell distilled spirits or alcoholic beverages on the premises; and for other purposes.

HB 1117. By Mr. Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Marietta, so as to remove the requirement that candidates for mayor and council be freeholders of the City of Marietta; and for other purposes.

HB 1118. By Messrs. Busbee of the 114th and Floyd of the 5th:
A Bill to be entitled an Act to amend the Georgia Budget Act, Georgia Code Chapter 40-4, to comply with the constitutional requirement for annual appropriations; and for other purposes.

HR 293-1118. By Messrs. Farrar of the 52nd, Jordan of the 58th, and Wheeler of the 127th:
A Resolution creating the Minimum Foundation Program of Education Study Committee; and for other purposes.

HB 1119. By Messrs. McDaniell of the 20th, Howard of the 19th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act creating the State Building Administrative Board, so as to provide for definitions; to increase the membership of said Board; and for other purposes.
HB 1120. By Messrs. Murphy of the 18th, Busbee of the 114th and Roach of the 8th:
A Bill to be entitled an Act to amend Code Section 93-309, relating to

MONDAY, MARCH 5, 1973

1891

the duties of the Georgia Public Service Commission in fixing just and reasonable utility rates of the Code of Georgia of 1933, so as to provide that in setting utility rates the Commission may consider the quality service rendered; and for other purposes.

HB 1121. By Mr. Levitas of the 50th:
A Bill to be entitled an Act to amend Code Section 93-307.1 relating to the manner in which utility tariff changes may be implemented of the Code of Georgia, so as to provide that the provisions governing suspen sion of tariff amendments shall not apply where the Public Service Commission determines the overriding public interest; and for other purposes.

HB 1122. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.

HB 1123. By Messrs. Hudson, Dorminy and Rainey of the 115th:
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 1124. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla in Irwin County, so as to provide that an officer or any person holding any office in said City shall not be required to vote at the election of said City in order to hold certain offices in said City; and for other purposes.

SB 38. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
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.

SB 51. By Senators London of the 50th and Kidd of the 25th:
A Bill to be entitled an Act to provide for compensation and allowances of Superior Court Judges and District Attorneys; to provide for repeal of contingent expense allowances; to provide for matters relative thereto; and for other purposes.

1892

JOURNAL OF THE HOUSE,

SR 102. By Senator Holley of the 22nd:
A Resolution authorizing the conveyance of certain real property lo cated in Richmond County; and for other purposes.

SR 103. By Senator Holley of the 22nd:
A Resolution authorizing the conveyance of certain real property located in Richmond County; and for other purposes.

SR 112. By Senator Broun of the 46th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Oconee County to regulate pedestrian and vehicular traffic on the roads within the county which are maintained from the funds of Oconee County; and for other pur poses.

SB 142. By Senators Kennedy of the 4th and Summers of the 53rd:
A Bill to be entitled an Act to amend an Act providing for liability in surance for State employees operating State-owned motor vehicles, so as to provide for protection to those persons authorized by the Depart ment of Offender Rehabilitation to operate State-owned vehicles from liability for damages; and for other purposes.

SB 206. By Senator Doss of the 52nd:
A Bill to be entitled an Act to repeal Code Chapter 59-6, relating to special charges to the grand jury; and for other purposes.

SB 227. By Senator London of the 50th:
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 require prior written approval by the Governor for certain contracts entered into by Area Planning and Development Commissions; and for other purposes.

SB 232. By Senators Reynolds of the 48th, London of the 50th and Overby of the 49th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to loiter and remain upon the premises of any public school when such person has no legitimate need to be present thereon; and for other purposes.

MONDAY, MARCH 5, 1973

1893

SB 236. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend the "Uniform Reciprocal Enforce ment of Support Act", so as to provide that the District Attorney shall represent the plaintiff under the provisions of said Act where the obligee is a dependent child or the obligees are dependent children; and for other purposes.

SB 259. By Senators Garrard of the 37th, Cox of the 21st, Howard of the 42nd and others:
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 relating to places of detention of children; and for other purposes.

SB 304. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Chapter 56-17, relating to hospital service nonprofit corporations, so as to provide that said cor porations may contract with persons, firms and corporations to provide a system of comprehensive health care and may contract with providers of health care; and for other purposes.

SB 313. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to provide that citizens elected to the Board of Education for the City shall be chosen to fill seven distinct and designated posts; and for other purposes.

SB 322. By Senator Summers of the 53rd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, so as to change the provision relative to compensation of the Commissioner; and for other purposes.

SB 323. By Senator Summers of the 53rd:
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 compen sation, so as to change the compensation of the sheriff; and for other purposes.

SB 324. By Senators Summers of the 53rd: A Bill to be entitled an Act to amend an Act placing the Ordinary of

1894

JOURNAL OF THE HOUSE,
Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes.

Mr. Matthews of the 122nd District, Chairman of the Committee on Agricul ture and Consumer Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture and Consumer Affairs has had under con sideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:

SR 76. Do Pass.

Respectfully submitted, Matthews of the 122nd, Chairman.

Mr. Floyd of the 5th District, Chairman of the Committee on Appropria tions, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the follow ing Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 141.

Do Pass, by Substitute.

Respectfully submitted, Floyd of the Bth, Chairman.

Mr. Vaughn of the 57th District, Chairman of the Committee on Highways, submitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

SB 285. Do Pass.

SB 249. Do Pass.

HB 1038. Do Pass.

Respectfully submitted, Vaughn of the 57th, Chairman.

MONDAY, MARCH 5, 1973

1895

Mr. Rainey of the 115th District, Chairman of the Committee on Recreation, submitted the following report:

Mr. Speaker:

Your Committee on Recreation has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

SB 132. Do Pass.

HB 778.

Do Pass, by Substitute.

Respectfully submitted, Rainey of the 115th, Chairman.

Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 162. Do Pass, by Substitute.

SB 113. Do Pass.

HB 23. Do Pass.

SB 41. Do Pass, by Substitute.

SB 40. Do Pass.

Respectfully submitted, Buck of the 87th, Chairman.

Mr. Levitas of the 50th 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 recommendation:
HR 291-1110. Do Pass, by Substitute.
Respectfully submitted, Levitas of the 50th, Chairman.

1896

JOURNAL OF THE HOUSE,

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation), submitted the following re port:

Mr. Speaker:

Your Committee on State Planning and Community Affairs (Local Legisla tion), has had under consideration the following Bills and Resolutions of the House and has instrutced me to report the same back to the House with the following recommendations:

HR 30- 98. Do Pass.

HR 69- 215. Do Pass, by Substitute.

HR 263-1012. Do Pass.

HB

452. Do Pass, as Amended.

HB

642. Do Pass.

HB

948. Do Pass.

HB

958. Do Pass.

HB

959. Do Pass.

HB

964. Do Pass.

HB

975. Do Pass.

HB

977. Do Pass.

HB

980. Do Pass.

HB

984. Do Pass.

HB

989. Do Pass.

HB

993. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Howell of the 118th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 997. Do Pass.

Respectfully submitted, Howell of the 118th, Chairman.

MONDAY, MARCH 5, 1973

1897

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 452. By Mr. McDonald of the 12th:
A Bill to reincorporate the City of Jefferson in the County of Jackson; to create a new charter for said city; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 452 as follows:
By striking the figure "21" in line 27 on page 2 and inserting in lieu thereof the figure "24".
By striking the period at the end of subsection (g) of Section 1.03 and inserting in lieu thereof the following:
", or the regulations of the Public Service Commission or any other State or Federal agency having jurisdiction in such matters."
By adding at the end of subsection (m) of Section 1.03 the following: "The provisions of this subsection shall not be construed to
authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 642. By Messrs. Walker of the 100th and Grahl of the 88th: A Bill to be entitled an Act to amend an Act creating the Small Claims Court in certain counties of this State, as amended, so as to change the provisions relative to the jurisdiction of said court and certain fees; and for other purposes.

1898

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 948. By Messrs. Snow and Hays of the 1st and Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Walker County on a salary basis, as amended, so as to change the total amount which deputies, clerks' assistants, and other personnel of the ordinary's office may receive; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 958. By Messrs. Rainey, Hudson and Dorminy of the 115th:
A Bill to be entitled an Act to create and establish a Small Claims Court for Crisp County to be known as the Small Claims Court of Crisp 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 959. By Messrs. Rainey, Dorminy and Hudson of the 115th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Sylvester, as amended, so as to require candidates to receive a majority of the votes cast to fill the nomination or office in order to be nominated or elected to such office; and for other purposes.

MONDAY, MARCH 5, 1973

1899

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 964. By Messrs. Bostick and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Tift County upon an annual salary, as amended, so as to change the compensation of said 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 975. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Sparks in Berrien County, as amended, so as to provide for a two-year term of office for 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.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 977. By Messrs. Patten and Bostick of the 123rd: A Bill to be entitled an Act to amend an Act incorporating the Town of Lenox in Berrien County, as amended, so as to annex certain land to the Town of Lenox; and for other purposes.

1900

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 980. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to be entitled an Act to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens, as amended, so as to provide a new Clarke County Board of Education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed,
HB 984. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, as amended, so as to change and extend the corporate limits of said City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 989. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, and others: A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, as amended, so as to provide the number of assistant so licitors of said court shall be the same as the number of judges of said court; and for other purposes.

MONDAY, MARCH 5, 1973

1901

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 993. By Messrs. Brown and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Griffin, as amended, so as to provide that the Board of Commissioners shall elect their own chairman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 30-98. By Messrs. Lane of the 40th, Adams of the 36th, Savage of the 30th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County school ad valorem taxes for residents of Fulton County who are 65 years of age or over or disabled and who have a net income not exceeding $8,000.00 for the immediately preceding taxable year; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following para graph :
"Any other provisions of this Constitution to the contrary not withstanding, each resident of Fulton County who is sixty-five (65) years of age or over or who is disabled is hereby granted an exemp tion from all Fulton County and Fulton County school ad valorem

1902

JOURNAL OF THE HOUSE,

taxes in the amount of $10,000.00 on a homestead owned and occu pied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability insurance benefits, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemp tion provided for herein as being 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 Chap ter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemp tion unless he, or through his agent, files an affidavit with the Tax Commissioner of Fulton County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information rela tive to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he made application and file the said affidavit and certificate thereafter for any year and said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 a homestead exemption of $10,000.00 from all Fulton

MONDAY, MARCH 5, 1973

1903

( ) NO County and Fulton County school ad valorem taxes for residents of Pulton County who are 65 years of age or older or disabled and who have a net income not exceeding $8,000.00 for the immediately preceding taxable year?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Berlin Berry Bohannon Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M.

Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis
Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington

Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton King Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin

1904
McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S.

JOURNAL OF THE HOUSE,

Phillips, L. L. Rainey Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson

Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis, R. T. Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bennett Blackshear Brantley, H. H. Bray Burruss Carrell Dean, Gib Dean, J. E. Dixon Evans Ezzard Parrar Grahl

Harris, J. R. Hawes Horton, W. L. Howard Irvin, R. Irwin, J. R. Knight Kreeger Lambert Levitas Mason McCracken McKinney Murphy

Northcutt Peters Petro Pinkston Reaves Rush Savage Thomason Townsend Triplett Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 140, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 69-215. By Mr. Adams of the 36th:
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

MONDAY, MARCH 5, 1973

1905

exceed $8,000.00 for the immediately preceding year, or $8,000.00 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 exemption, for each resident of the City of Atlanta who is 65 years of age or over or who is totally and per manently disabled, of $10,000.00 on his home which he owns 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 improve ment purposes; 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 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 ap plicable 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, 1927.

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 $8,000.00 for the immediately preceding taxable year. The homestead exemption shall be $8,000.00 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, in cluding any federal old-age survivors or disability insurance 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. 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 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 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

1906

JOURNAL OF THE HOUSE,

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 be ginning after December 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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-
( ) NO 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, together with the adjusted gross income of his spouse, does not exceed $8,000.00 for the immediately preced ing year, of $8,000.00 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 per manently disabled, of $10,000.00 on his home which he owns and which he actually occupies as a resi dence and homestead; and to provide that said home stead exemptions shall be applicable to ad valorem taxes levied by the City of Atlanta for general govern ment, 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 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 substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to grant a home stead exemption of $5,000.00 for certain residents of the City of Atlanta; to grant a homestead exemption of $10,000.00 for certain other residents of the City of Atlanta; to provide that said homestead exemptions shall be applicable to certain ad valorem taxes levied by the City of Atlanta;

MONDAY, MARCH 5, 1973

1907

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. An amendment to Article VII, Section I, Paragraph IV of the Constitution ratified on November 7, 1950 (Ga. Laws 1950, p. 443) which provides:
"Provided, however, that the General Assembly may, by law, exempt from taxation by the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Atlanta actually occu pied by the owner as a residence and homestead, and so long as ac tually occupied by the owner primarily as such but not to exceed $2,000.00 of its value, provided, the General Assembly at the same time shall provide for the assessment, levy and collection by the City of Atlanta of an ad valorem tax on all real and personal property within the corporate limits of said city, which is subject to taxation under the Constitution, sufficient to make up any loss from the exemption herein authorized."

be and is hereby repealed in its entirety and the following new para graph is hereby substituted in lieu thereof:

"There is hereby granted 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, except to pay interest on and retire bonded in debtedness, for all taxable years beginning after December 31, 1974, except that the homestead exemption in any such taxable year for each resident of the City of Atlanta who has attained the age of 65 years and whose adjusted gross income (as defined in the In ternal Revenue Code of 1954, as now or hereafter amended), to gether with the adjusted gross income of his spouse, does not exceed $8,000.00 for the immediately preceding taxable year shall be $10,000.00 on the home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead, such adjusted gross income, as used herein, to include income from whatever source derived, including any federal old-age survivors or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on con tributions made thereto by such resident or his spouse and the homestead exemption in any such taxable year for each resident of the City of Atlanta who has attained the age of 65 years and who is totally and permanently disabled, shall be $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, except to pay interest on, and to retire bonded indebtedness, provided that the person claiming such disability exemption shall be required to obtain a certificate from one physician licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as

1908

JOURNAL OF THE HOUSE,

now or hereafter amended, certifying that, in the opinion of such physician, such person is totally and permanently disabled."

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 to grant a home stead exemption in all taxable years beginning after December 31, 1974, from all except certain ad valorem taxation by the City of Atlanta and to fix the amount of such exemption at $10,000.00 for certain residents
( ) NO of the City who have attained the age of 65 years and are either totally and permanently disabled or have annual adjusted gross income not exceeding $8,000.00 and at $5,000.00 for certain other residents of the City of Atlanta under certain circumstances?"

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.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Berlin Berry Bohannon

Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry

Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W.

Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Jessup Johnson
Jones

MONDAY, MARCH 5, 1973

1909

Jordan Keyton King Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith
Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L.

Rainey Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were messrs.:

Atherton Bennett Blackshear Brantley, H. H. Bray Burruss Carrell Dean, Gib Dean, J. E. Dixon Evans Ezzard Farrar Grahl

Harris, J. R.
Hawes Horton, W. L. Howard Irvin, R. Irwin, J. R. Knight Kreeger Lambert
Levitas Mason McCracken McKinney

Murphy Northcutt Peters Petro Pinkston Reaves Rush Savage Thomason Townsend Triplett Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 140, nays 0.

1910

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

HR 263-1012. By Messrs. Atherton and Wilson of the 19th, Duke of the 20th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the exercise of the planning an dzoning powers within Cobb 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 XV, Section II, Paragraph III of the Constitu tion is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by local law for the exercise of the planning and zoning powers within the territorial limits of Cobb County in such manner and pursuant to such terms, conditions and requirements and by such body or bodies as the General Assembly may provide by such local law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize ( ) NO the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb 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.

MONDAY, MARCH 5, 1973

1911

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Berlin Berry Bohannon Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M.
Collins, S.
Colwell
Coney
Connell
Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dent
Dickey
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ellis
Floyd, J. H.

Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Jordan Keyton King Lane, Dick Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Lewis
Logan
lowrey
Marcus
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
Miles
Milford
Morgan
Moyer

Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat
Thompson
Toles
Tucker
Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

1912

JOURNAL OF THE HOUSE,

Those not voting were messrs.:

Atherton Bennett Blackshear Brantley, H. H. Bray Burruss Carrell Dean, Gib Dean, J. E. Dixon Evans Ezzard Farrar Grahl

Harris, J. R. Hawes Horton, W. L. Howard Irvin, R. Irwin, J. R. Knight Kreeger Lambert Levitas Mason McCracken McKinney

Murphy Northcutt Peters Petro Pinkston Reaves Rush Savage Thomason Townsend Triplett Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 140, nays 0.

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 passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 190. By Senators Webb of the llth, Moore of the 56th, and Johnson of the 38th: A Bill to amend the Juvenile Court Code of Georgia, so as to provide that the Juvenile Courts shall have jurisdiction over any child under the age of 17 years.
SB 197. By Senators Webb of the llth, Moore of the 56th, and Johnson of the 38th: A Bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, as amended, so as to provide penalties that may be imposed in the courts of this State upon minors convicted of felonies or misdemeanors.
SB 209. By Senator Starr of the 44th: A Bill to amend an Act comprehensively and exhaustively revising,

MONDAY, MARCH 5, 1973

1913

superseding and consolidating the laws relating to prisons, public works camps, and prisoners, as amended, so as to require the Commissioner of Offender Rehabilitation to transfer any person convicted and sentenced to serve time within 30 days after conviction.

SB 214. By Senators Jackson of the 16th, Hudgins of the 15th, and Carter of the 14th:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to permit vehicular traffic to turn right when facing a red or "Stop" signal under certain circumstances.

SB 233. By Senator Ballard of the 45th: A Bill to amend the "Stone Mountain Memorial Association Act", as amended, so as to provide the power of eminent domain over real, per sonal or mixed property, whether held privately or by a public service corporation.
SB 237. By Senator Coggin of the 35th: A Bill to amend an Act entitled "An Act to amend and revise the adopttion laws now set forth in Chapter 74-4 of the Code of 1933.

SB 238. By Senator Zipperer of the 3rd and Kennedy of the 4th:
A Bill to amend an Act creating the offices of the State Highway Board Chairman of the State Highway Board, and Treasurer of the State High way Department, as amended, so as to authorize the commissioner of the Department of Transportation to employ such personnel as he may deem necessary to carry on the operations of the Department of Trans portation; to authorize the Commissioner to create such organizational elements as may be necessary for the efficient operation of the depart ment.
SB 262. By Senators Tysinger of the 41st, Howard of the 42nd, and Overby of the 49th:
A Bill to require the Department of Public Safety to issue identification cards to handicapped persons who do not have a motor vehicle drivers' license.

SB 305. By Senator Jackson of the 16th:
A Bill to amend Code Section 84-601, relating to the definition of podia trists, as amended, so as to change the provisions relative to the defini tion of podiatrists.

1914

JOURNAL OP THE HOUSE,

SB 307. By Senator Herndon of the 10th:
A Bill to provide for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by the terms of a contract of suretyship.

SB 310. By Senator Herndon of the 10th:
A Bill to provide that in every case where an executor, administrator, trustee or guardian is required to give bond for the faithful perform ance of its duties, and the amount of such bond is dependent upon the value of the estate, such value shall be determined with regard to the value of any realty.

SB 311. By Senator Herndon of the 10th:
A Bill to provide that in every case where an executor, administrator, trustee or guardian is required to give bond for the faithful perform ance of its duties, such person may give bond in an amount equal to the value of the estate.

SB 312. By Senator Herndon of the 10th:
A Bill to amend an Act authorizing executors and trustees to acquire, invest, reinvest, exchange, retain, sell and manage property for the benefit of another in a fiduciary capacity, so as to provide for the appli cation of the said Act to administrators and guardians.

SB 314. By Senator Dean of the 6th:
A Bill to provide that the State Department of Transportation shall erect safety arm warning devices at the foot on each side of any bridge designed with a drawbridge located in this State.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:

SR 111. By Senators Zipperer of the 3rd and Riley of the 1st:
A Resolution authorizing the State Properties Control Commission to grant and convey to Southern Gas Company easements over, under, across and through certain properties owned by the State and located in Chatham County.

SR 100. By Senator Holloway of the 12th: A Resolution proposing an amendment to the Constitution so as to au-

MONDAY, MARCH 5, 1973

1915

thorize the General Assembly to enact legislation treating any and all mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to committees:

SR 100. By Senator Holloway of the 12th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to enact legislation treating any and all mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes; and for other purposes.
Referred to the Committee on Ways and Means.

SR 111. By Senators Zipperer of the 3rd and Riley of the 1st:
A Resolution authorizing the State Properties Control Commission to grant and convey to Southern Gas Company easements over, under, across and through certain properties owned by the State and located in Chatham County; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 190. By Senators Webb of the llth, Moore of the 56th, and Johnson of the 38th:
A Bill to be entitled an Act to amend the Juvenile Court Code of Geor gia, so as to provide that the Juvenile Courts shall have jurisdiction over any child under the age of 17 years; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 197. By Senators Webb of the llth, Moore of the 56th, and Johnson of the 38th:
A Bill to be entitled an Act to amend an Act creating within the Depart ment of Family and Children Services on autonomous Division for Chil dren and Youth, so as to provide penalties that may be imposed in the courts of this State upon minors convicted of felonies or misdemeanors; and for other purposes.
Referred to the Committee on Human Relations.

SB 209. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act relating to prisons, public works camps, and prisoners, so as to require the Commissioner of Of-

1916

JOURNAL OF THE HOUSE,

fender Rehabilitation to transfer any person convicted and sentenced to serve time within 30 days after conviction; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 214. By Senators Jackson of the 16th, Hudgins of the 15th and Carter of the 14th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to permit vehicular traffic to turn right when facing a red or "Stop" signal under certain circum stances; and for other purposes.
Referred to the Committee on Highways.

SB 233. By Senator Ballard of the 45th:
A Bill to be entitled an Act to amend the "Stone Mountain Memorial Association Act", so as to provide the power of eminent domain over real, personal or mixed property, whether held privately or by a public service corporation; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 237. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933"; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 238. By Senators Zipperer of the 3rd and Kennedy of the 4th:
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 authorize the Commissioner of the Department of Transportation to employ such personnel as he may deem necessary; and for other purposes.
Referred to the Committee on Highways.

SB 262. By Senators Tysinger of the 41st, Howard of the 42nd, and Overby of the 49th:
A Bill to be entitled an Act to require the Department of Public Safety to issue identification cards to handicapped persons who do not have a motor vehicle drivers' license; and for other purposes.
Referred to the Committee on Motor Vehicles.

MONDAY, MARCH 5, 1973

1917

SB 305. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 84-601, relating to the definition of podiatrists, so as to change the provisions relative to the definition of pidiatrists; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 307. By Senator Herndon of the 10th:
A Bill to be entitled an Act to provide for the liability of corporate sure ties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by the terms of a contract of suretyship; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 310. By Senator Herndon of the 10th:
A Bill to be entitled an Act to provide that in every case where an execu tor, administrator, trustee or guardian is required to give bond for the faithful performance of its duties, and the amount of such bond is dependent upon the value of the estate, such value shall be determined without regard to the value of any realty; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 311. By Senator Herndon of the 10th:
A Bill to be entitled an Act to provide that in every case where an executor, administrator, trustee or guardian is required to give bond for the faithful performance of its duties, such person may give bond in an amount equal to the value of the estate; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 312. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act authorizing executors and trustees to acquire, invest, reinvest, exchange, retain, sell and manage property for the benefit of another in a fiduciary capacity, so as to provide for the application of the said Act to administrators and guardians; and for other purposes.
Referred to the Committee on Judiciary.

SB 314. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide that the State Department of Transportation shall erect safety arm w.arning devices at the foot on

1918

JOURNAL OF THE HOUSE,

each side of any bridge designed with a drawbridge located in this State; and for other purposes.
Referred to the Committee on Highways.

Mr. Harrison of the 116th moved that the House reconsider its action in failing to give the requisite constitutional majority on the passage of the follow ing Bill of the House:

HB 737. By Mr. Evans of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to restrict the hours for the retail sale of distilled spirits in unbroken packages; to repeal conflicting laws; and for other purposes.

The motion prevailed and HB 737 was reconsidered.

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 720. By Mr. Busbee of the 114th:
A Bill to be entitled an Act to amend an Act known as the "Employment Security Law", as amended, so as to repeal the provisions requiring that a person shall be unemployed for a waiting period of one week before being eligible for benefits; to provide an effective date; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Employment Security Law", formerly known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, so as to repeal the provision requiring that a person shall be unemployed through no fault of his own for a waiting period of one week before being eligible for benefits but retaining the provision that certain per sons who are otherwise disqualified shall be unemployed for a waiting period of one week before being eligible for benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, MARCH 5, 1973

1919

Section 1. An Act known as the "Employment Security Law", formerly known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, is hereby amended by striking the first period as it appears in subsection (d) of Section 4 and inserting the following:
"unless such person is unemployed through no fault of his own."

so that when so amended said subsection (d) of Section 4 shall read as follows:
"(d) He has been unemployed for a waiting period of one week unless such person is unemployed through no fault of his own. No week shall be counted as a week of unemployment for the purposes of this subsection:
(1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits.
(2) If benefits have been paid with respect thereto.
(3) Unless the individual was eligible for benefits with re spect thereto as provided in sections 4 and 5 of this Act, except for the requirements of this subsection and of subsection (f) of section 5.",

Section 2. This Act shall become effective on July 1, 1973, and shall apply to all claims filed on or after July 1, 1973.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Davis of the 85th, was read and lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John

Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Beckham

1920
Berlin Berry Blackshear Bohannon Bond Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Coleman Collins, M. Colwell Coney Connell Davis, E. T.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dickey
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ellis
Evans
Ezzard
Floyd, J. H.
Foster
Fraser
Geisinger
Gignilliat
Grantham

JOURNAL OP THE HOUSE,

Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Jessup Johnson Jones Keyton King Kreeger Lane, Dick Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Le vitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer

Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R.
Snow
Stephens
Strickland
Thompson
Toles
Triplett
Tucker
Turner
Twiggs
Waddle
Walker
Wall
Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Eitchie Smith, V. B.

Ware

Willis

MONDAY, MARCH 5, 1973

1921

Those not voting were Messrs.:

Adams, Marvin Bennett Brantley, H. H. Brantley, H. L. Burton Cole Collins, S. Daugherty Davis, W. Dixon Farrar

Ployd, L. R. Grahl Hamilton Hill, G. Irvin, J. Irwin, J. R. Jordan Knight Lambert McCracken Murphy

Nessmith Peters Rainey Russell, W. D. Savage Sweat Thomason Townsend Vaughn Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Farrar of the 52nd stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 720, by substitute, but had he been present would have voted "aye".

Mr. Murphy of the 18th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 720, by substitute, but had he been present would have voted "aye".

Mrs. Hamilton of the 31st, Messrs. Daugherty of the 33rd and Irwin of the 113th stated that they had been called from the floor of the House when the roll was called on the passage of HB 720, by substitute, but had they been present would have voted "aye".

HB 397. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to regulate massive water-related recreatoinal events that may cause damage to natural resources; to provide a short title; to repeal conflicting laws; and for other purposes.

The following amendments were read and adopted:
Mr. Larsen of the 27th moves to amend HB 397 by striking "funds" on line 15, page 1 and inserting "finds".
By striking Section 6 in its entirety and adding: "Section 6. Nothing in this Act shall arrogate any existing rights under Georgia

1922

JOURNAL OF THE HOUSE,

Law entitling a person to bring an action for damages to person or property."

Mr. Larsen of the 27th moves to amend HB 397 by striking Section 5 in its entirety and substituting in lieu thereof the following:

"Section 5. Bond required. The person holding or promoting a water event shall provide a bond to the Department in an amount not to exceed $10,000 issued by a surety company authorized to transact business in this State. This shall be the only bond required for said water event, and the Department shall be the sole judge as to the performance."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Blackshear Bond Bostick Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Chance Clark Cole Coleman Collins, S. Connell Davis, W. Dean, J. E.

Dickey Dixon Dorminy Egan Elliott Ezzard Poster Geisinger Grantham Harris, J. R. Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Irvin, J. Johnson Jones Jordan Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)

Lee, W. S. Marcus McKinney Moyer Noble Northcutt Odom Oxford Patten, G. C. Petro Phillips, G. S. Phillips, L. L. Roach Rush Shepherd Smith, V. B. Snow Stephens Strickland Sweat Turner Waddle Walker Wall Wheeler, Bobby

MONDAY, MARCH 5, 1973

1923

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Beckham Bennett Berry Bohannon Brantley, H. L. Bray Castleberry Coney Davis, E. T. Dent Dollar Duke Edwards Evans Floyd, J. H. Praser Gignilliat Harden Harris, J. F.

Harrison Howard Hutchinson Jessup Keyton King Lambert Lane, W. J. Levitas Lowrey Matthews, D. R. Mauldin McDaniell Miles Milford Morgan Mulherin Mullinax Murphy Nessmith
Nix

Patten, R. L. Patterson Pearce Ritchie Rogers Russell, W. D. Sams Smith, J. R. Thompson Toles Tucker Twiggs Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, J. H. Berlin Brantley, H. H. Buck Carrell Collins, M. Colwell Daugherty Dean, Gib Dean, N. Ellis Farrar Floyd, L. R. Grahl Greer

Groover Hamilton Harrington Hawes Hill, G. Irvin, R. Irwin, J. R. Knight Lewis Logan Mason Matthews, C. McCracken McDonald Peters

Pinkston
Rainey Reaves
Ross Russell, J.
Savage Shanahan
Thomason Townsend
Triplett Vaughn
Wamble Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 75, nays 61.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Dent of the 78th stated that he had inadvertently voted "nay" but intended to vote "aye" on the passage of HB 397, as amended.

1924

JOURNAL OF THE HOUSE,

Mr. Larsen of the 27th 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 397, as amended.

The hour of 10:45 o'clock, A. M. having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing addresses by the United States Senators from Georgia, Honorable Herman E. Talmadge and Honorable Sam Nunn, was called to order by the President of the Senate.

HR 175, calling for the Joint Session, was read.

Accompanied by the two distinguished Senators, the escort committee and other guests, Governor Jimmy Carter appeared upon the floor of the House.

Governor Carter introduced the Senators, both of whom addressed the mem bers of the General Assembly.

Senator Holley of the 22nd moved that the Joint Session of the House and Senate 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 2:00 o'clock, P. M.

AFTERNOON SESSION The House was called to order by the Speaker.

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:

MONDAY, MARCH 5, 1973

1925

HB 360. By Messrs. Brown of the 67th, Marcus of the 26th and Wheeler of the 13th:
A Bill to be entitled an Act to comprehensively and exhaustively revis ing, strengthening, unifying and modernizing the provision of public health and public welfare services and insuring economical and orderly development of such services throughout the State; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act revising the provision of public health and public welfare services; to provide for a short title; to define certain terms; to create county boards of human resources; to transfer public welfare and public health functions, employees, and certain property of existing county and district organizations to the Department of Human Resources; to provide for matters relative to the transfer to the State of public health and welfare functions; to define the powers and duties of county boards of human resources; to provide that no rights of any county employee transferred to the Department of Human Resources by this Act shall be lost; to provide that the Board of Human Resources may establish uniform fees for the provision of certain public health services; to repeal in their entirety Sections 9 through 15, relat ing to family and children services organizations at the county level, of an Act entitled "The Welfare Reorganization Act of 1937", approved February 26, 1937 (Ga. Laws 1937, p. 355), as amended; to repeal in its entirety Code Chapter 88-2, relating to County Boards of Health, as amended; to amend Code Title 88, the Georgia Health Code, as amended, so as to provide for the powers of the Board of Human Resources with respect to the provisions of public health services; to provide for other matters relative to the foregoing; to provide for severability; 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. (a) Short Title. This Act shall be known and may be cited as the "Local Health and Rehabilitative Services Act of 1973."
(b) Purposes. The General Assembly declares that the public policy of the State of Georgia shall be that certain public health and rehabilitative services shall be equally available to all citizens in or near their home communities. The General Assembly acknowledges that many Georgians have not received such services because numerous Georgia counties have been unable to afford them.
Without such community services, many Georgians afflicted with physical, mental and social problems do not receive the kinds of help which are required to promote their health and self-reliant develop-

1926

JOURNAL OF THE HOUSE,

ment; and, as a result, the State is later burdened by their low pro ductivity, chronic dependency, or deviant behavior.

Through the following provisions the General Assembly intends to assure certain public health and rehabilitative services are made avail able to all Georgia citizens irrespective of where they live and transfers full financial responsibility for such services from county to State government.

Section 2. Definitions. As used in this Act, unless otherwise in dicated by the context, the following terms shall have the designated meaning:

(a) "Department" shall mean the Department of Human Re sources.

(b) "Board" shall mean the Board of Human Resources.

(c) "Commissioner" shall mean the Commissioner of Human Resources.

(d) "County Departments of Family and Children Services" shall mean the respective county departments of family and children services and all divisions thereof, county boards of family and children services; and the office of county director of the county departments of family and children services, as well as the district departments, boards, and directors of district departments of family and children services.
(e) "County Boards of Health" means the respective county and joint city-county boards of health and the office of director of county boards of health, district boards of health, and any department of health operating under such boards.

(f) "County Boards" means the respective county boards of human resources created by Section 3 of this Act.

Section 3. County Boards of Human Resources, (a) Upon the ef fective date of this Act, in each and every county of this State, the members then serving on the county board of family and children serv ices and the county board of health shall constitute a county board of human resources. The county boards of human resources hereby created in each and every county of this State shall exercise, among others, the powers conferred upon them by this Act.

(b) The original members of the county boards of human resources shall serve for a term which coincides with the period remaining on the effective date of this Act in the term for which they were appointed to the county board of family and children services or the county board of health, as the case may be, and until their successors are qualified and appointed. Thereafter, upon the expiration of the term of any member, the head of the governing authority of the county shall nomi nate, from among eligible citizens of the county, a successor for ap pointment by the Commissioner to a five year term or until his successor

MONDAY, MARCH 5, 1973

1927

is appointed and qualified. Upon the occurrence of a vacancy in any position on the county board, the head of the governing authority of the county shall nominate a successors for appointment by the Com missioner to fill the unexpired portion of the term of the position so
vacated.

(c) As permitted by expiration of terms and by occurrence of vacancies, the membership of the board shall be modified so that not less than three members of the county board of human resources shall be persons active in the health care field, at least one of whom shall be a physician licensed under the Georgia Medical Practice Act, Code Chapter 84-9, as amended, unless there is no such physician willing and
able to serve.

(d) In those counties in which the county board of health, by what ever name called, is created in and by the Constitution of this State, five of the original ten members of the county board of human resources shall be the members then serving on the county board of family and and children services who shall serve in the manner provided in sub section (b) of this Section. The successor to such members shall be ap pointed in the manner provided in subsection (b) of this Section.

The remaining five of the original ten members shall be appointed by the head of the governing authority from the members then serving on the county board of health, provided that one of these so appointed shall be a licensed physician unless there is no such physician willing and able to serve. Each member so appointed shall serve for a term which coincides with his term as a member of the county board of health. Thereafter upon the occurrence of a vacancy in any position so filled, the head of the governing authority of the county shall appoint a successor from the members of the county board of health, who shall serve for a term coinciding with his term as a member of the county board of health and until his successor is appointed and qualified.

(e) Each county board shall annually elect one of its members as chairman.

(f) Members of the county boards of human resources shall be com pensated by the Department in the amount of $10.00 per diem for their attendance at meetings of the board.

(g) The Department shall furnish to the county board of human resources such facilities and assistance of staff as may be necessary to enable the board to perform its functions.

(h) Upon agreement between the governing authority of the county and the Commissioner, the size of the county board of human resources may be reduced to a minimum of five members provided that not less than two members of the county board of human resources shall be persons active in the health care field, at least one of whom shall be a physician licensed under the Georgia Medical Practice Act, Code Chap ter 84-9, as amended, unless there is no such physician willing and able
to serve.

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Section 4. Transfer of Public Welfare Functions to the Depart ment of Human Resources.

(a) Except as hereinafter provided, all public welfare functions, duties and responsibilities heretofore exercised by the respective county departments of family and children services, and for which the county receives reimbursement or participating funds from the State, are here by transferred to the State Department of Human Resources. Any ref erence to county departments of family and children services in any Act of the General Assembly shall henceforth be deemed to mean the Depart ment of Human Resources. Section 9 through 15 in their entirety, re
lating to county and district boards and departments of family and children services, of an Act entitled "The Welfare Reorganization Act of 1937", approved February 26, 1937 (Ga. Laws 1937, p. 355), as amended, are hereby repealed.

(b) In the event sufficient funds are not appropriated to support all the public welfare functions currently administered by the county departments of family and children services, and transferred to the State by this Act, the Department shall enter into an agreement with each county board of human resources specifying those functions that are to be State funded and operated, those functions that are to be locally funded and operated and those functions that are to jointly funded and operated. For those functions to be jointly funded and oper ated, the agreement shall clearly define the responsibilities and author ity of each party to the agreement. This agreement shall be completed not later than thirty (30) days prior to the effective date of this Act.

(c) All persons employed by the respective county departments of family and children services on the effective date of this Act shall be identified with a particular function and shall be transferred to the unit, the Department of the county board of human resources, responsible for the funding and operation of that function.

(d) All personal property of the respective county departments of family and children services on the day prior to the effective date of this Act shall be identified with a particular function and shall be trans ferred to the unit, the Department or the county board of human resources, responsible for the funding and operation of that function. For those functions are jointly funded and operated, the agreement, provided for in subsection (b) of this Section, shall specify whether the property will be transferred to the Department or the county board of human resources. All authority, duties, functions, responsibilities, liabilties and obligations of the respective county departments of fam ily and children services are also transferred. No legal proceedings shall be abated because of any transfer made by this Section but the unit receiving the property, the Department or the county board of human resources, shall be substituted as a party in said proceedings.

(e) All real property of the respective county departments of fam ily and children services on the day prior to the effective date of this Act, purchased or paid for entirely with State or Federal funds shall be transferred to the Department. All authority, duties, functions, responsibilities, liabilities and obligations of the respective county de partments of family and children services are also transferred. No legal

MONDAY, MARCH 5, 1973

1829

proceeding shall be abated because of any transfer made by this Section but the unit receiving the property, the Department or the county board of human resources, shall be substituted as a party in said proceeding.
Section 5. Transfer of Public Health Functions to The Department of Human Resources.

(a) Except as hereinafter provided, all public health functions, powers, duties and responsibilities heretofore vested in or exercised by all county boards of health and for which the county receives reim bursement or participating funds from the State, are hereby transferred to and vested exclusively in the Department of Human Resources. Any reference in any Act of the General Assembly to county boards of health shall be deemed to mean the Department of Human Resources. Code Chapter 88-2, relating to county boards of health, as amended, is hereby repealed in its entirety.

(b) In the event sufficient funds are not appropriated to support all the public health functions currently administered by the county departments of public health, and transferred to the State by this Act, the Department shall enter into an agreement with each county board of human resources, or county boards of health created in and by the Constitution of this State, specifying those functions that are to be locally funded and operated and those functions that are to be jointly funded and operated. For those functions to be jointly funded and oper ated, the agreement shall clearly define the responsibilities and author ity of each party to the agreement. This agreement shall be completed not later than thirty (30) days prior to the effective date of this Act.
(c) All persons employed by the respective county departments of public health on the effective date of this Act shall be identified with a particular function and shall be transferred to the unit, the Department or the county board of human resources, responsible for the funding and operation of that function.

(d) All personal property of the respective county departments of public health on the day prior to the effective date of this Act shall be identified with a particular function and shall be transferred to the unit, the Department or the county board of human resources, responsible for the funding and operation of that function. For those functions that are jointly funded and operated, the agreement, pro vided for in subsection (b) of this Section, shall specify whether the property will be transferred to the Department or the county board of human resources. All authority, duties, functions, responsibilities, liabilities and obligations of the respective county departments of public health are also transferred. No legal proceeding shall be abated because of any transfer made by this Section but the unit receiving the property, the Department or the county board of human resources, shall be substitute as a party in said proceeding.

(e) All real property of the respective county departments of pub lic health on the day prior to the effective date of this Act, purchased or paid for entirely with State or Federal funds shall be transferred to the Department. All authority, duties, functions, responsibilities, liabil ities and obligations of the respective county departments of public health are also transferred. No legal proceeding shall be abated because

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JOURNAL OP THE HOUSE,

of any transfer made by this Section but the unit receiving the property, the Department or the county board of human resources, shall be substiuted as a party in said proceeding.

(f) County boards of health created in and by the Constitution of this State shall continue to exercise the functions, powers, and autho rity vested exclusively in such boards by the Constitution of this State. Except as provided, the provisions of this Act shall apply to such boards.
Section 6. Matters Relating to Transfer of Public Health and Pub lic Welfare Functions to the Department of Human Resources; Autho rity of Counties to Contract with the Department.
(a) With respect to any county function not transferred to or assumed by the Department, the Department and the governing au thority of the county may contract that the Department shall administer such program. No contract authorized under this subsection (a) shall require the operation of a program for a term in excess of one fiscal year of the county. Any such contract may provide that it may be re newed annually upon the mutual consent of the parties hereto. The par ties are authorized to include in such contracts all matters pertinent to the administration of such program, including, without limitation, ap propriate formulas for the determination and allocation of personal services and other indirect costs incurred by the Department in the administration of the program.

(b) Upon mutual agreement between the Department and the county board of human resources, the Department may contract with the county board of human resources to operate state programs. No con tract authorized under this subsection (b) shall require the operation of a program for a term in excess of one fiscal year of the county. Any such contract may provide that it may be renewed annually upon the mutual consent of the parties thereto. The parties are authorized to include in such contracts all matters pertinent to the administration of such program, including, without limitation, appropriate formulas for the determination and allocation of personal services and other indirect costs incurred by the county in the administration of the program.
(c) The level of services in each county as of the day before the effective date of this Act shall be established as the minimum level of service for that county and provided sufficient funds are appropriated therefor, the Department may not reduce the level of service below this minimum level without the prior approval of the county board of human resources.

Section 7. Powers and Duties of County Board of Human Re sources.

(a) County boards of human resources shall meet at least once each calendar quarter upon the written call of its chairman at least five days prior to the called meeting. A majority of those present, provided a quorum exists, shall constitute action of the board. The board may es tablish rules for its own governance.

MONDAY, MARCH 5, 1973

1931

(b) The respective county boards of human resources shall have, in addition to other duties and powers provided herein, the following functions and duties:

(1) To insure that a minimum level of service as provided for in subsection (c) of Section (6) is maintained for the county.
(2) To administer the funds and provide for the operation of programs that are not funded and/or operated by the State.
(3) To enter into an agreement as provided for in subsection (b) of Section (4) and subsection (b) of Section (5) specifying the responsibilities of the Department and of the county hoard of human resources if the funds necessary for the Department to assume all functions are not appropriated.
(4) To operate specified State programs as provided for in subsection (b) of Section (6).
(5) As provided for in Section (9), to determine if a resident of the county should be charged for services provided by the De partment.

(6) Receive and administer all grants, gifts, monies and dona tions for purposes pertaining to the improvement of human re sources services within the county.

(7) Adopt and enforce rules and regulations that have local application and are appropriate to its functions and powers, pro vided such rules and regulations are not in conflict with the rules and regulations of the Department of Human Resources. Such rules and regulations must be reasonably adapted to the purposes intended and must be within the purview of the powers and duties imposed upon said Board by this Act.

(8) To serve as hearing examiners when so requested in par ticular cases by the Board of Human Resources.

(9) To review the annual budget requests for the service area within which its county is located, and advise the area network director of the Department regarding the budget as it pertains to
and affects the county.

(10) To monitor and evaluate all programs and activities of the Department of Human Resources within the county and to an nually report in writing its fundings and recommendations to the governing authority of the county and to the Board of Human Re
sources.

(11) To evaluate health, welfare, and rehabilitative service needs of the county and to recommend to the governing authority of the county and to the Board of Human Resources the develop-

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JOURNAL OF THE HOUSE,

ment, implementation, or modification of service programs to meet needs.

(12) To aid in public interpretation of the programs and activities of the Department and to secure through such interpreta tion compliance with rules and regulations of the Board of Human Resources.

Section 8. Rights of County Employees Transferred to the Depart ment of Human Resources by this Act.

(a) Any employee of a county department of family and children services, including the director thereof, and any employee of a county board of health, including the director, thereof, transferred to the De partment as a result of this Act, shall suffer no loss of pay, allowances, or retirement benefits.

(b) Any person who, on the effective date of this Act, is trans ferred to the Department and who is not a member of the Employees' Retirement System of Georgia, created by an Act approved February 3, 1949 (Ga. Laws 1949, p. 138), as amnded, by virtue of an election made under Section 1 (3) of that Act, shall have the option of becoming State employees as provided in this Bill or retaining his status as a county employee, remaining under the county merit and retirement systems, and receiving full county pay, allowances, benefits, rights and privileges. The State shall reimburse the county for costs of employees electing to retain status as county employees, provided however that the cost to the State for an individual shall not be more than it would have had he been transferred.

(c) Before January 1, 1975, the Board of Trustees of Employees' Retirement System of Georgia shall conduct such studies as may be necessary to determine all aspects of the manner in which persons de scribed in subsection (b) of this Section may become members of the Employees' Retirement System of Georgia, such membership to be accompanied by no loss in benefits to which such persons would receive under the county retirement system. The Board of Trustees of the Em ployees' Retirement System of Georgia shall report the findings of its study to the Commissioner on or before January 1, 1975. The Depart ment shall bear the expense of such study.

Section 9. Powers of the Board: Public Health Services. Code Title 88, of the Georgia Health Code, as amended, is hereby amended by adding to Code Chapter 88-1, relating to the Board of Human Resources and the Department of Human Resources, a new section, to be designated Code Section 88-119, to read as follows:

Section 88-119. Powers of the Board with respect to provision of Public Health Services. The Board is authorized by regulation to establish a schedule of fees to be charged for the provision of public health services to individuals but any such regulation shall insure than any person otherwise eligible for such services, but financially unable to pay all or any part of the fee, shall be afforded the same services as provided for fee clients. The county board of human re-

MONDAY, MARCH 5, 1973

1933

sources shall have the exclusive authority to determine if a person is financially unable to pay alll or any part of the fee.

Section 10. Severability. In the event any part, 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 parts, sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the part, section, subsection, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. The General As sembly hereby declares that it would have passed the remaining pro visions of this Act if it had known that parts, sections, clauses or phrases thereof would be declared or adjudged invalid or unconstitu tional.

Section 11. Effective Date. This Act shall become effective on July 1, 1973. The obligations imposed on the Commissioner under Sections 4 (b) and 5 (b) of this Act shall be performed within the time provided therein.

Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:
Mr. Collins of the 122nd moves to amend the Committee substitute to HB 360 by deleting from line 440 the following words:
" public health services to individuals but" and adding the fol lowing: "specialized health services to individuals. These services include but are not limited to mental health diagnostic and treat ment services, home health care services for the chronically ill and aged and other services that are not otherwise readily available in the community. Specifically excluded are immunization services, family planning services, veneral diseases services and other such services which have a community-wide benefit. However,".
Mr. Collins of the 122nd moves to amend the Committee substitute to HB 360 by adding to line 447 after the period the following sentence:
"In making the determination the county board shall take into consideration possible payment under any insurance program in which the individual is participating.

The following amendment was read:
Mr. Morgan of the 70th moves to amend the Committee substitute to HB 360 by deleting "on July 1, 1973" on line 30, page 14 and inserting in lieu thereof, "when the programs herein are completely funded by the State".

1934

JOURNAL OF THE HOUSE,

On the adoption of the amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.;

Adams, John Adams, Marvin Beckham Berry Bohannon Brantley, H. L. Carr Connell Davis, E. T. Dean, J. E. Dean, N. Dorniiny Farrar Floyd, J. H. Fraser Grahl Harrington Harris, J. F. Hill, G.

Hudson Hutchinson Irwin, J. R. Jessup Jordan King Larsen, W. W. Lewis Logan Matthews, C. Mauldin Milford Morgan Moyer Murphy Nessmith Northcutt Pearce Peters

Phillips, L. L. Rainey Rush Russell, W. D. Sams Smith, J. R. Smith, V. B. Stephens Sweat Sweat Toles Tucker Twiggs Waddle Walker Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, G. D. Alexander, W. H. Atherton Bailey Bennett Berlin Blackshear Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Daugherty

Davis, W. Dean, Gib Dent Dickey Dollar Duke Edwards Egan Elliott Floyd, L. R. Foster Geisinger Grantham Greer Groover Hamilton Harden Harris, J. R. Hawes Hays Horton, G. T. Horton, W. L. Howell Irvin, J. Irvin, R. Johnson

Jones Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Mason Matthews, D. R. McDaniell McKinney Miles Mullinax Nix Noble Odom Patten, G. C. Patterson Petro Phillips, G. S. Reaves

Ritchie Roach Rogers Russell, J. Savage
Shanahan

MONDAY, MARCH 5, 1973

1935

Shepherd Snow Strickland Townsend Turner
Vaughn

Wall Ware Wheeler, Bobby Willis, R. T. Wilson, J. M.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Alien Bray Busbee Colwell Coney Dixon Ellis Evans

Ezzard Gignilliat Harrison Hill, B. L. Howard Lane, W. J. McCracken McDonald Mulherin Oxford

Patten, R. L. Pinkston Ross Thomason Thompson Triplett Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 56, nays 95.

The amendment was lost. The following amendment was read:

Mr. Northcutt of the 68th moves to amend the Committee substitute to HB 360 by adding a period and striking the rest of the paragraph in Section 7, paragraph 7, line 31 after the word "powers".

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, J. H. Bailey Beckham Bohannon Brantley, H. H. Carr Dorminy Farrar Fraser Grahl Harrington Harris
Harrison

Hill, G. Irwin, J. R. Johnson Jordan King Lane, Dick Lewis Mauldin Milford Nessmith Northcutt Pearce
Peters

Petro Phillips, L. L. Rainey Rush Smith, V. B. Stephens Sweat Toles Twiggs Whitmire Williams Wilson, M. L.
Wood

1936

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bennett Berlin Berry Blackshear Bond Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey

Dixon Dollar Duke Edwards Egan Elliott Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harris, J. P. Harris, J. R. Hawes Hays Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, R. Jones Ketyon Knight Kreeger Lambert Larsen, G. K. Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell

McDonald McKinney Miles Moyer Mullinax Murphy Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Phillips, G. S. Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Snow Strickland Thompson Town send Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, Bobby Willis Wilson, J. M.

Those not voting were Messrs.:

Bostick Brantley Coney Ellis Evans Ezzard Foster Hill, B. L. Howard

Howell Irvin, J. Jessup Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) McCracken Morgan Mulherin

Pinkston Smith, J. R. Thomason Triplett Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 38, nays 117.

MONDAY, MARCH 5, 1973

1937

The amendment was lost.

The following amendments were read and adopted:
Mr. Harris of the 51st moves to amend the Committee substitute to HB 360 by changing the word "thereafter" on page 3, line 29, to "thereafter".
Mr, Murphy of the 18th moves to amend the Committee substitute to HB 360 by striking from line 31 of Section 3b, on page 3, the word "nominate" and substituting the word "appoint" and by striking the fol lowing from lines 32 and 33, page 3, "by the Commissioner". By striking from line 3, page 4, the word "nominate" and inserting the word "ap point". By striking from line 4 of page 4 the words, "for appointment by the commissioner".
Mr. Murphy of the 18th moves to amend the Committee substitute to HB 360 by striking from Section 3b, line 30, page 3 the following: "the head of."
Mr. Wheeler of the 13th moves to amend the Committee substitute to HB 360 by adding on line 12, page 4, between "amended," and "unless" the following words: "the physician appointed shall be recommended by the local medical society or association".
Mr. Larsen of the 27th moves to amend the Committee substitute to HB 360 by striking "reaming" on line 23, page 4 and substituting "remaining".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton

Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H.

Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carlisle

1938
Carrell Castleberry Chance Clark Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Farrar Floyd, L. R. Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harris, J. R. Hawes Hays Horton, G. T.

JOURNAL OF THE HOUSE,

Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McCracken McDaniell McDonald McKinney Miles Moyer Mullinax Murphy Nix Noble Odom Oxford Patten, G. C.

Patten, R. L. Patterson Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Russell, J. Sams Savage Shanahan Shepherd Snow Stephens Strickland Sweat Thompson Tbles Townsend Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Alien Bailey Beckham Brantley, H. L. Buck Burton Carr
Cole
Coleman
Colwell
Davis, E. T.
Dean, N.
Dorminy
Floyd, J. H.
Fraser
Grahl

Harrington Harris, J. F. Harrison Hill, G. Hutchinson Irwin, J. R. Jessup
Johnson
Jones King
Lane, W. J.
Larsen, W. W.
Lee, W. J. (Bill)
Lewis
Mauldin
Milford

Morgan Nessmith Northcutt Pearce Peters Petro Phillips, L. L.
Rainey
Rush
Russell, W. D.
Smith, J. R.
Smith, V. B.
Triplett
Twiggs
Wilson, M. L.

MONDAY, MARCH 5, 1973

1939

Those not voting were Messrs.:

Bennett Evans Ezzard Poster

Hill, B. L. Jordan Mulherin Boss

Thomason Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 121, nays 47.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 360, by substitute, as amended, was ordered im mediately transmitted to the Senate.

Mr. Burton of the 47th stated that he had inadvertently voted "nay" on the passage of HB 360, by substitute, as amended, and had intended to vote "aye".

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 140. By Messrs. Smith of the 91st, Ployd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal year 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, 1973; and for other purposes.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HOUSE BILL 140

The Conference Committee on House Bill 140 recommends that the Senate and the House of Representatives both recede from their posi tion and that the following Conference Committee Substitute be
adopted.

Respectfully submitted,

FOR THE SENATE /s/ Frank E. Goggin
Senator, 35th District
/s/ R. Eugene Holley Senator, 22nd District
/s/ Maylon K. London Senator, 50th District

FOR THE HOUSE /s/ James H. "Sloppy" Floyd
Representative, 5th District
/s/ George D. Busbee Representative, 114th District
/s/ Thomas B. Murphy Representative, 118th District

1940

JOURNAL OF THE HOUSE,

CONFERENCE COMMITTEE SUBSTITUTE TO HB 140

A BILL

To be entitled an Act to amend an Act providing appropriations, for the fiscal years 1972-73', known as the "General Appropriations Act", approved March 23, 1972 (Ga. Laws 1972, p. 298), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1973; to make language and other changes; to provide an effective date; to repeal conflicting laws; and
for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

An Act providing appropriations for the fiscal years 1972-73, known as the "General Appropriations Act", approved March 23, 1972 (Ga. Laws 1972, p. 298), is hereby amended by striking certain appropria tions and provisions relative to the fiscal year 1972-73 and inserting in lieu thereof new appropriations and provisions, and by changing the revenue estimate so that it now shall be $1,246,000,000.

Section 1. Said Act is amended by striking Sec tion 4., relating to the Court of Appeals, in its entirety and inserting in lieu thereof the following.

"Section 4. Court of Appeals.

For the cost of operating the State Court of Appeals, including salaries and retirement contri butions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be in creased by the amount of $12,000 per annum for each additional Emeritus position established dur ing the fiscal year.

Operations F. Y. 1973

.____$

782,703."

Section 2. Said Act is further amended by strik ing Section 5., relating to the Superior Courts, in its entirety and inserting in lieu thereof the following:

"Section 5. Superior Courts.

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges salaries, contingent expense allowances authorized by law, the payment of mileage autho rized to attend the National College of State Trial

MONDAY, MARCH 5, 1973

1941

Judges, and such other salaries and e>

.nay

be authorized by law.

For payment of salaries, contingent expense allowances, the payment of mileage and other ex penses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and Dis
trict Attorneys Emeritus.

Provided, however, that the listed appropria tion shall be increased by the amount of $13,334 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropria tion shall be increased by the amount of $30,000 per annum for each judgeship created by law dur ing the 1972 session of the General Assembly.
Operations F. Y. 1973 ..._..,,.,,....$ 4,985,000
Changed Object: Personal Services ..--.....__.........._-_.$4,680,000."

Section 3. Said Act is further amended by adding a new Section to be known as Section 6A., to read as follows:
"Section 6A. Judicial Qualifications Commis sion.
Operations F. Y. 1973 ................................................................I

1,500.00."

Section 4. Said Act is further amended by strik ing Section 7., relating to the State Board of Educa tion and Department of Education, in its entirety, and inserting in lieu thereof the following:

"Section 7. State Board of Education: Department of Education.
A. Operations F. Y. 1973 ____._____...__._.__...._..___._..____..___._..__...$ 455,290,368

1942

JOURNAL OF THE HOUSE,

Changed Objects:
Personal Services .___...__..._.._..$ 14,906,355 Operating Expenses .__....._..._._.$ 7,372,883 Grants--Non-MFPE:
Adult Education _-.._...__-....$ 2,161,000 Teacher Scholarships ._ .._. $ 560,000 Preparation of Profes
sional Personnel in Education of Handi capped Children ._._..._....$ 120,894 Vocational Education-- High School Program .._.$ 10,831,241 Adult and Post Secondary _..._..___...___...._..$ 39,000 Area Vocational Techni cal Schools _____._____.___.____,,_.$ 19,795,700 Teacher Training and Research ,,___.________.,,____.__.$ 320,000 Local Administration and Supervision ,,_.___._____.$ 249,000 Manpower Development and Training ..___..___..._..._..$ 3,154,000 Work Study .__._._._______________.$ 103,000 Education of Children of Low Income Families _. $ 47,670,564 Grants for Institution and Services for the Handicapped __..._...._.-.._-..$ 888,859 Educational Training Ser vices for Mentally Retarded .._..__...__..._._._.._...$ 150,000 Teacher Retirement .__..__..__.$ 24,982,847 Supplementary Educational Centers and Services ..... $ 4,050,855 Psychological Services ......$ 48,000 Superintendents' Salaries ._..___.___.___.._________..$ 2,705,469 Driver Education .__......._.....$ 300,950 Tuition for Multiple Handicapped __..._..._......__..$ 220,090 In-Service Grants ._..........$ 630,466 Supervising Teachers ._.....$ 154,000 Salaries and Travel of Public Librarians ..._._...__.$ 1,938,648 Educational Television ._..$ 56,000 Guidance, Counseling and Testing ......_..__.........$ 200,000
Severely Emotionally Disturbed Children .....__.$ 2,415,830
Public Library Services and Materials _.__..._.--._.$ 1,979,725
Cooperative Educational Services Across County Lines ................................I 1,285,000
School Lunch Grants ...__...$ 36,350,000

MONDAY, MARCH 5, 1973

1943

Public Library Con struction ___..___.._____..___..___.$
Strengthening Instruction in Critical Subjects .-....$
School Library Resources, Textbooks and Others ... $
Summer School Super visory Program ..____..___.$
Instructional Assistance ....$
Purchase of Early Child hood Development Services ____..____.____..___...___..$

1,184,000 1,752,000 1,900,000
51,000 3,220,000
6,040,000

Grants--MFPE:
Teachers Salaries-- Section 11 ._.________..____..___.$244,209,775
Salaries of Other Certifi cated Professional Personel--Section 12 ._____..___.$ 42,700,968
Special Education Teacher Salaries--Section 20 _.___.$ 19,704,884
Maintenance, Operation and Sick Leave ....___..____$ 43,315,259
Travel ...... ...........................I 1,306,476 Pupil Transportation ._..._..$ 18,430,470 Textbook Allotments ......... $ 5,878,811 School Library Books
and Non-Consumable Materials .......-................$ 1,600,301 Isolated Schools ............ ...$ 61,844 Mid-Term Adjustments ....$ --0--

Provided, that none of the State funds ap propriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the cur rent funds of the State, unless such program or project has been authorized by the General As sembly.
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 kindergarten or preschool pro gram 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 Department of Human Resources,

1944

JOURNAL OF THE HOUSE,
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, unless otherwise here after approved by the General Assembly.
Provided, however, that any child may be eligible to participate in this program at the re- quesit rotf Ihlils npaarrpenntt.s annnHd fthpe npnavymmpeTnit nof snuitahblpe fees.
Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund sources from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teach ers Retirement System applicable to such salary.
Provided, that the recipients of State funds from the above appropriation for the purchase of equipment for Area Vocational-Technical Schools shall purchase or contract for the purchase of such equipment prior to July 1, 1973.
Provided, that the amount of $3,200,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide as sistance in the elementary grades in the form of additional certificated and/or non-certificated personnel to assist classroom teachers in provid ing intensive instruction and training in order to enable all students to achieve in the various sub ject matter areas in accordance with their poten tial and abilities. Such personnel shall be made available to assist the classroom teachers. Such personnel shall be made available to Local School systems within the limits of funds available by the State Department of Education on the basis of applications by the local School Systems and a de termination of critical need by the Local School System and the State Department of Education.
Provided, however, that independent school systems shall be eligible to participate in the ac quisition of 'mini' buses for special education pur poses.
Provided, that the amount of $370,000 is desig nated and committed for payment equally to the Carroll County Board of Education and the Lowndes County Board of Education for projects relating to the Severely Emotionally Disturbed Children Pro gram.

MONDAY, MARCH 5, 1973

1945

Provided, however, that from the above ap propriation, relative to pupil transportation, such amount as is necessary shall be used solely for the purpose of providing an increase of $125 per an num in the compensation of school bus drivers be ginning the first day of the fiscal year 1973.

Provided, that the portion of the teachers' salaries withheld subsequent to November 15, 1972, as a result of action by the Federal Pay Board shall be paid in one lump sum to the local school systems no later than February 28, 1973.

B. Construction:
Capital Outlay F. Y. 1973 __._____......-_.___________________...-..______.______..$

154,300

Authority Lease Rental Payments to Georgia Education Authority (Schools)
F. Y. 1973 ......

_________$

437,269

Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools)

F. Y. 1973

_____

.._........$

26,945,384

Grants Direct to School Systems for Capital Outlay Purposes
F. Y. 1973 ......... ..............

. $ 1,671,723

Provided, that from the above appropriation for Grants to School Systems for Authority Lease Rentals to the Georgia Education Authority (Schools), the amount of $2,500,000 for F. Y. 1973 is designated and committed for additional Lease Rentals to said Authority to permit the issuance of bonds to finance new projects.

Changed Object: Capital Outlay _________...__ _______________ $252,629."

Section 5. Said Act is further amended by strik ing from Section 8, relating to the University System of Georgia, the following:
"F. Y. 1973 .............. ._. ________ ...$177,819,500",

1946

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following:

"F. Y. 1973

..

.

$ 179,188,517",

and by striking the following: "Operating Expenses ..... ............? 25,229,250",

and inserting in lieu thereof the following: "Operating Expenses _......$ 74,891,752",

and by striking the following: "Grants to Junior Colleges ....._..$ 2,280,000",

and inserting in lieu thereof the following: "Grants to Junior Colleges ___......_._._._.___.....,,_____..$ 2,850,000",

and by striking the following: "F. Y. 1973 .......... ^ 2,250,000",

and inserting in lieu thereof the following: "F. Y. 1973 ............ ........ .. ..._...-........._... ............. $ 4,967,000",

and by striking the following: "Capital Outlay .

$ 3,750,000",

and inserting in lieu thereof the following: "Capital Outlay ._.......__.__........_..$ 6,585,000",

and by adding the following language:

"Provided, that of the above appropriation for Capital Outlay, $1,500,000 is designated and com mitted for the acquisition of the Old University Hospital in Augusta, Georgia, $500,000 is desig nated and committed for the purchase and installa tion of new radiological equipment at Eugene Talmadge Memorial Hospital and $600,000 is desig nated and committed for the acquisition of urban renewal land in the Augusta area."

Section 6. Said Act is further amended by adding at the end of Section 10., relating to Teachers Retire ment System, the following language:

"The Teachers Retirement System shall be authorized to raise its budget by up to $14,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report."

MONDAY, MARCH 5, 1973

1947

Section 7. Said Act is further amended by strik ing Section 12., relating to the Department of Human Resources, in its entirety and inserting in lieu thereof the following:

"Section 12. Department of Human Resources.
A. Operations F. Y. 1973 .........................................................I 256,160,026

Provided, that of the above appropriation rela tive to Operations, $50,000 is designated and com mitted to begin a Statewide Hemophilia Treatment Program.

Provided, that of the above appropriation rela tive to Operations, $700,000 is designated and com mitted for Grants for County-owned Detention Centers.

Provided, that of the above appropriation, $22,000 is designated and committed for the pur pose of hiring eighteen additional employees at Central State Hospital for the operation of the laundry facility. Provided, further, that the use of existing personal services surplus at Central State Hospital is hereby authorized for the pur pose of hiring thirty-two additional employees for the operation of the laundry facility.

Provided, that of the above appropriation, $25,000 in State funds is designated and com mitted for payments for the treatment of cystic fibrosis.

Provided, that for the purpose of receiving Federal matching funds under Titles XVI, XVIII and XIX of the Social Security Act, each budget unit listed in this Section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts re mitted to the transferor institution in payment for services to eligible recipients; and shall have au thority to use Titles XVI, XVIII and XIX reim bursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for F. Y. 1973 for operating ex penses and additional personnel as necessary to meet requirements for payment or reimbursement, subject to being approved by the Office of Plan ning and Budget.

1948

JOURNAL OF THE HOUSE,

Provided, however, that when patients are transferred from the State institutions to the Adult Foster Care Program, the Office of Planning and Budget is authorized to transfer from the respec tive institution budgets to the Administration-Di vision of Mental Health activity amounts sufficient to defray the cost to the State of Adult Foster Care payments entailed by such patient transfers.

Provided, that of the above appropriation, $100,000 is designated and committed for the direct support of the stroke-screening program of the Community Cardio-vascular Council in Savannah.

Provided, that Central State Hospital is hereby authorized to utilize all Medicare and Medicaid receipts in excess of the amount contemplated in this Appropriation Act to improve the quality of patient care at the word level.

B. Construction:

Authority Lease Rentals

F. Y. 1973 .

.

.$ 5,545,000

Capital Outlay F. Y. 1973 ..........................................................I 2,784,100

Provided, that of the above appropriation, relative to Capital Outlay, $50,000 is designated and committed for planning costs associated with the renovation of the Freeman Building at Central State Hospital.

Changed Objects:

Grants to Other Indi

viduals for Support _._.. ,,__._....____....____..._____.$ 158,964,748

Personal Services ..._.......... .............. ..........$ 119,767,807

Operating Expenses ._......_._.........._._...._.....$ 49,804,596

Authority Lease Rentals ....._........_..._.._......$ 5,545,000

Capital Outlay ..................-..........................$ 3,675,985

Grants to Counties ......................................I 37,930,000

Grants for Kidney Program .._.._..._........_.$

-0-

Grants for Health Services ......................I 17,772,176

Grants for Mental Retardation

to supplant Federal funds ._...._..........._.$ 3,500,000

Benefits: Medical Assistance ..... .._____.._.___.$ 175,228,398

Provided, that of the above appropriation, relative to Capital Outlay, $18,600 is designated

MONDAY, MARCH 5, 1973

1949

and committed for renovation of the chapel at Northwest Georgia Regional Hospital at Rome.

Provided, that of the above appropriation, relative to Capital Outlay, $1,500,000 is designated and committed for the construction of a new steam plant at Central State Hospital.

Provided, that of the above appropriation, relative to Capital Outlay, $780,000 is designated and committed for use at Gracewood State School and Hospital for construction of a chapel, roof re novations and boiler and air-conditioning improve ments."

Section 8. Said Act is further amended by striking Section 13., relating to the Department of Offender Rehabilitation, in its entirety and inserting in lieu thereof the following:

"Section 13. Department of Offender Re habilitation.

A. Operations F. Y. 1973

22,692,916

B. Construction:

Capital Outlay F. Y. 1973 .......

$ 10,180,500

Authority Lease Rentals F. Y. 1973 .... ........ ...........

840,000

Provided, that of the above appropriation, relating to Capital Outlay, $30,000 is designated and committed to construct and equip a building for a sign plant at Mt. Vernon Prison, $15,000 is designated and committeed for a barn and fenc ing at the Georgia Diagnostic and Classification Center, and the following amounts are designated and committed for buildings at the following loca
tions:

Chatham Branch _...__-._._..___.-..,,.....-- Georgia Diagonostic and Classifica
tion Center ....._..............._.._...,,_.._..._. Walker Branch ..........--. Lee County Branch ....... .......

35,000
27,000 35,000 27,000

Provided, that of the above appropriation, rela-

1950

JOURNAL OF THE HOUSE,

tive to Capital Outlay, the following amounts are designated and committed for the purpose shown thereby:

Renovation of plumbing facilities at Georgia State Prison at Reidsville .______._____.. $
Modifications and improvements to water supply system at Georgia Industrial Institute at Alto .__...____..____.._____..__._..____.___._...__..,, $
Construction of employee housing facilities at Georgia Industrial Institute at Alto----------.$

Provided, that of the above appropriation, rela tive to Capital Outlay, $7,500 is designated and committed for the purchase and installation of electronic surveillance equipment at the Georgia Diagnostic and Classification Center in Butts County, and $4,700,000 is designated and committed for the purpose of constructing and equipping the West Georgia Community Correctional Center.

Changed Objects:

Personal Services _,,_._...__..._._....._._.. $17,975,908

Operating Expenses

._ .- $ 9,369,080

Capital Outlay __..._....__._..._._..._........$10,300,500

Authority Lease Rentals ........___...$ 840,000."

Section 9. Said Act is further amended by striking Section 15., relating to the Department of Transporta tion, in its entirety and inserting in lieu thereof the following:

"Section 15. Department of Transportation.
A. Appropriation of all funds in subsection A., B., C. and H. of this Section shall be in con formity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Ser vices in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately pre ceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount ap propriated herein.

130,000
75,000 150,000

MONDAY, MARCH 5, 1973

1951

For general administrative cost of operating the Department of Transportation, including equip ment and compensation claims.

For lease rental obligations of the Department of Transportation to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or here after entered into in connection with new projects approved by the Department of Transportation. Provided, that in the event that lease rental obliga tions shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal ap portionment for the same year. For the cost of road and bridge construction and surveys, main tenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any fund for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects the Office of Planning and Budget is here by authorized and directed to give advanced budgetary authorization for the letting and execu tion of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenue actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally ap propriated to the Department of Transportation.

Operations (including Capital Outlay) F. Y. 1973 .... ........ ......._..._....._.... ........_.......$ 174,492,153.50

Construction: Authority Lease Rentals F. Y. 1973 ........................_........................_._............?

24,878,000

1952

JOURNAL OF THE HOUSE,

B. Grants to Counties. For grants to counties for aid in county road construction and main tenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Ad ministrative Services as provided by law.
F. Y. 1973 .__.__.....__..____,,__...__._._.._.._....__.-...__......-.$

4,817,013.03

, C. For grants to counties for aid in county road construction and maintenance.
F. Y. 1973 .___...,,..__..,,.._.-.__,,..._.-....._-.-._.-_..-.-

4,500,000

The sum appropriated under C. shall be distri buted and disbursed to the various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.

Provided, further, that a member of the gov erning authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been ex pended in accordance with the law and the Constitu tion, and file the same with the Director of the Department of Transportation. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transporta tion, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

D. Grants to Municipalities for Capital Outlay. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
F. Y. 1973 _. ...__,,,__._.-.___..,,__

9,317,000

Provided, further, that a member of the gov erning authority of the municipality, designated by such authority, shall execute an affidavit an nually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any

MONDAY, MARCH 5, 1973

municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be distributed and disbursed to the various municipali ties on a quarterly basis, such payments to be made on the last day of each quarter.

E. Airport Development-State Share of Air port Development.

Construction:

Capital Outlay F. Y. 1973 ---

Provided, that of the above appropriation, re lating to Airport Development--State Share of Air port Development, the following amounts are desig nated and committed for the following airport con struction projects.

Fitzgerald Municipal Airport ,,_____.___..--$ 61,000 Perry-Fort Valley Airport _.._..........,,.$ 70,000 Hinesville-Liberty County Airport---! 21,000 Thomson-McDuffie County Airport _-.$ 95,000 Albany Municipal Airport ___.----____--.$118,000 Greene County Airport _..____.._..________,,_____ $ 91,000 Washington County Airport ___________..__.$ 9,700

F. Aviation-For Airport Planning and the Promotion of Aviation Safety.

Operations F. Y. 1973

----._- ---- I

G. Air Transportation Services.

Operations F. Y. 1973

Provided, that the Department of Transporta tion is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equip ment.

Provided, that the Department of Transporta tion is authorized to utilize State Airport Develop-

1953
976,000
83,526 897,475

1954

JOURNAL OF THE HOUSE,

ment Funds to finance a maximum of 25% on an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation.

H. Design Study Proposal for the proposed outer loop.
F. Y. 1973 ..............a

The Department of Transportation is au thorized to contract with outside consultants or prepare the Design Study Proposal within the De partment. The Design Study Proposal shall be completed no later than December 31, 1973.

I. Mass Transit. F. Y. 1973

Provided, that of the above appropriation, the following amounts are designated and committed for assistance in securing Urban Mass Transit grants for the municipalities named below:
Albany, Macon and Valdosta --_-__-_.___.____$ 4,000 Savannah __..____________-_______-__.___.___________...______$38,000

Provided, further, that these funds shall be available for expenditure only if matched with Federal and local funds in the following propor tions :

State Local Federal

16%% 16%% 67%%

J. Aviation Planning.

For participation in securing Airport Master Planning grants and Airport System Plans.

F. Y. 1973 . . .

$

K. Eailroad Bridge Removal. F. Y. 1973 --._______.___

Provided, that of the above appropriation, $700,000 is designated and committed for railroad bridge removal in Savannah Harbor.

L. Harbor Maintenance Payments. F. Y. 1973 _____ ._.....

100,000 42,000
58,000 700,000 250,000

MONDAY, MARCH 5, 1973

Provided, that the entire amount of the above appropriation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

Changed Object:

Operating Expense -__-_.___.___.$41,971,311

Personal Services ,,

.$76,784,800."

Section 10. Said Act is further amended by strik ing subsection B. of Section 16, relating to the Depart ment of Veterans Services, in its entirety and inserting in lieu thereof a new subsection B. of Section 16 to read
as follows:

"B. Construction:

Capital Outlay P. Y. 1973 .____.___--________.___-----__$

Changed Object: Capital Outlay ,,_.__.___..,,..--. $420,103

1955 255,000

Provided, that of the above appropriation, re lating to Capital Outlay, $10,000 is designated and committed for construction and maintenance of a monument at Valley Forge, Pennsylvania to honor Medal of Honor recipients from Georgia.
Provided, that of the above appropriation, re lating to Capital Outlay, $125,000 is designated and committed to enclose the south veranda of the Georgia War Veterans Nursing Home and to pro vide food service equipment and utilities to gain an additional 1,343 square feet of space for dining and kitchen areas."

Section 11. Said Act is further amended by strik ing Section 17., relating to the Department of Labor, in its entirety and inserting in lieu thereof the follow ing:

"Section 17. Department of Labor.

Operations F. Y. 1973

___.___.__$ 1,040,577

Provided, that of the above amount $50,000 is designated and committed for payment to the De partment of Administrative Services for the pro-

1956

JOURNAL OF THE HOUSE,

vision of an accounting system which will satisfy both State and Federal requirements.

Unemployment Compensation Reserve Fund.

F. Y. 1973

_____-_,,___.-$

1,830,000."

Section 12. Said Act is further amended by strik ing Section 18., relating to the Department of Agri culture, in its entirety and substituting in lieu thereof a new Section 18 to read as follows:

"Section 18. Department of Agriculture.

Operations F. Y. 1973 .

-$ 10,018,826

Provided, that of the above appropriated amount, relative to operating expenses, $75,000 is designated and committed for use in contracting with the Georgia College of Veterinary Medicine for diagnostic services.

Construction:

Capital Outlay F. Y. 1973 ..-___.

603,440.97

Provided, that of the above appropriated amount, $15,440.97 is designated and committed for use at the State Farmers Market at Ellijay.

Provided, that of the above appropriated amount, $75,000 is designated and committed for use at the State Farmers Market at Glennville.

Provided, that of the above appropriated amount, $100,000 is designated and committed for use at the State Farmers Market at Donalsonville.

Authority Lease Rentals

F. Y. 1973

...

975,000

Fire Ant Eradication F. Y. 1973 ---,,___---.$ 1,500,000

Indemnities F. Y. 1973 _......._.__ _____-_--_---.-_-- __----,,-..$

137,000

MONDAY, MARCH 5, 1973

1957

Changed Objects:
Personal Services ^__._.-._.$7,783,826 Operating Expenses ..__ --.$3,546,364 Capital Outlay .__.____.._.............$ 665,190 Authority Lease Rentals -.......$ 975,000 Fire Ant Eradication ___.______$1,665,600 Indemnities .__...._________............$ 137,000."

Section 13. Said Act is further amended by strik ing Section 19, relating to the Department of Industry and Trade, in its entirety and inserting in lieu thereof the following:

"Section 19. Department of Community De velopment.

A. Operations F. Y. 1973

^............ ........^ 4,816,163

Provided, that of the above appropriation, $10,000 is designated and committed for a contract with the Washington-Wilkes Bicentennial Com mission.

B. Construction:

Capital Outlay

F. Y. 1973

...^. ............ .:$

113,500

Provided, that of the above appropriation, $13,500 is designated and committed for planning for a Welcome Center on Interstate 95 near Kingsland, Georgia, and $100,000 is designated and com mitted for planning and development relative to the Georgia World Congress Center.

Authority Lease Rentals

F. Y. 1973

.............I 2,000,000

Changed Objects:
Personal Services ._._.______________$1,844,061 Operating Expenses _____________.$1,512,025 APDC Grants ------.-._,,. $1,150,000."
Section 14. Said Act is further amended by strik ing Section 20., relating to the Department of Public Safety, in its entirety and inserting in lieu thereof the following:

1958

JOURNAL OF THE HOUSE,

"Section 20. Department of Public Safety.

A. Operations F. Y. 1973 ...... - ......-...--...$ 19,918,254

Provided, that of the above appropriation, $5,000 is designated and committed for contracting with other State agencies for the use of aircraft to patrol roads within the State.

B. Construction:

Capital Outlay F. Y. 1973 ____.___-.______--..--$

165,500

Provided, that of the above appropriation, re lating to Capital Outlay, the following amounts are designated and committed for the furnishing and equipping of the patrol stations listed thereby:
Albany Post .._._...._..__...--.__.----...$25,000 Athens Post ....--_..._- ......_---.._....-- $25,000 Cartersville Post _-._...-_...__.-__. $25,000 LaGrange Post -.._--.._,,.___.____.........$25,000 Newnan Post ........_......_._....., ..$25,000

Provided, however, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Com pact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Changed Objects:
Personal Services .-.....-.-.-.$14,595,228 Operating Expenses ___----..._$ 7,644,227 Capital Outlay .-..----...-- $ 505,471."

Section 15. Said Act is further amended by strik ing Section 21., relating to the Department of Defense, in its entirety and inserting in lieu thereof the follow ing:
"Section 21. Department of Defence.

A. Operations F. Y. 1973 ._.._......--....._..__........................I 1,251,000

Provided, that of the above appropriation, $40,000 is designated and committed to match

MONDAY, MARCH 5, 1973

Federal funds for the purchase and installation of Intrusion Detection Systems in Georgia National Guard Armories.

B. Construction:

Capital Outlay F. Y. 1973

_.----.$

Changed Objects:
Grants ._..._..._._..._..-.__..-_-.__._...___ $370,000 Personal Services ........ .....$962,800 Capital Outlay ________.__.______.____________i 40,879 Operating Expense __.______________._____$245,017."

Section 16. Said Act is further amended by strik ing Section 22., relating to the Workmen's Compensation Board, in its entirety and inserting in lieu thereof the following:

"Section 22. Workmen's Compensation Board.

Operations F. Y. 1973

Changed Objects:
Personal Services .... ......_.___ $892,470 Operating Expenses __.._.,,.._.__ $170,187."

Section 17. Said Act is further amended by strik ing Section 23., relating to the Department of Banking and Finance, in its entirety and inserting in lieu thereof the following:

"Section 23. Department of Banking and Fi nance.
Operations
F. Y. 1973 ..... ...._..__.__._._._.........._._.__.__._...,,....$

Section 18. Said Act is further amended by strik ing Section 24., relating to the Georgia Public Service Commission, in its entirety and inserting in lieu thereof the following:

"Section 24. Georgia Public Service Commis-

1959 40,879 920,000 943,000."

Operations F. Y. 1973 ..____.__.__.__._....,,.._$

1,064,294

1960

JOURNAL OF THE HOUSE,

Changed Objects:
Personal Services _.__ ...._...... $929,434 Operating Expenses _._.....___.. $134,860."

Section 19. Said Act is further amended by strik ing Section 25., relating to the Office of Comptroller General, in its entirety and inserting in lieu thereof the following:
"Section 25. Office of the Comptroller General.

Operations F. Y. 1973

$ 2,126,000

Changed Objects:
Personal Services .__......._--....-_-.....-__.....? Operating Expenses .._.__...--___.-...-__,,....__.$

1,692,000 507,000

Provided, that the Comptroller General is authourized to utilize Federal funds for the purpose of employing six additional personnel and for op erating expenses related thereto."

Section 20. Said Act is further amended by strik ing Section 26., relating to the Department of Natural Resources, in its entirety and inserting in lieu thereof the following:

"Section 26. Department of Natural Re sources.

A. Operations F. Y. 1973 .

12,801,309

B. Construction:

Capital Outlay F. Y. 1973 -__...,,.

$ 2,779,583

Provided, that from the above amount $10,300 is designated and committed to permit an engineer ing feasibility study for Bowen Mill Lake in Ben Hill County. Provided, also, that this lake will be constructed only if it is approved for funding under the Land and Water Conservation Act and that 50% of the total cost will be reimbursable from Federal funds.

Provided, that of the above appropriated amount, relative to Capital Outlay, an amount not

MONDAY, MARCH 5, 1973

to exceed $12,000 is designated and committed for use in construction of fishing piers at Lake Blackshear. Provided, also, however, that the Office of Planning and Budget shall reduce said funds to the extent that Federal funds become available.

Provided, that of the above appropriated amount, relative to Capital Outlay, $10,000 is desig nated and committed for planning the Lake Nottely Dam project, and $83,333 is designated and committed for the purpose of paying no more than one-third of the cost of the Sope Creek project, pro ject, provided such expenditure is deemed legal by the State Attorney General.

Authority Lease Rentals

F. Y. 1973 .

......... S

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Corn-

1961 2,546,000

Provided, that of the above appropriation, relat ing to Capital Outlay, $100,000 is designated and committed for planning and the erection of a me morial at Andersonville National Historic Site.

Provided, that of the above appropriation, rela tive to Capital Outlay, $3,500 is designated and committed for equipment for pocket parks in Wayne County.

Changed Objects:

Personal Services .

. $12,769,443

Capital Outlay .............................^ 6,533,017

Operating Expenses __...___-.,,__,,._.$ 9,072,646."

Section 21. Said Act is further amended by strik ing Section 27., relating to the Forestry Commission, in its entirety and inserting in lieu thereof the fol lowing.
"Section 27. Forestry Commission.

Operations F. Y. 1973 ..

Changed Objects: Personal Services

$7,688,386

7,325,087

1962

JOURNAL OP THE HOUSE,

Operating Expenses __,,__,,.,___.___.... $2,413,719 Grants .--._-..._.--_._-___-.._._-...__$ --0-- ."

Section 22. Said Act is further amended by strik ing Section 28., relating to the Forest Research Coun cil in its entirety and inserting in lieu thereof the fol lowing :

"Section 28. Forest Research Council.

Operations F. Y. 1973

509,000."

Section 23. Said Act is further amended by strik ing Section 31., relating to the Department of Admin istrative Services, in its entirety and inserting in lieu thereof the following:

"Section 31. Department of Administrative Services.

A. Operations F. Y. 1973 _-_-.__.-_____-.______._.___________,,________.$ 5,186,147

B. Construction:

Capital Outlay F. Y. 1973 ._._-...-_....__.___.-.._......__..-.-..._..$ 5,503,500

Provided, that from the above appropriation, $2,500 is designated and committed for obtaining options for the purchase of land in the area sur rounding the State Capitol in Atlanta, and $80,000 is designated and committed for Special Repairs.

Provided, however, that of the above appropria tion, $5,000,000 is designated and committed for payment to the Georgia Building Authority for the purpose of acquiring real estate on the corner of Piedmont Avenue and Hunter Street, in Atlanta, Georgia.

Authority Lease Rentals

F. Y. 1973 .._._._______._

..$

Changed Objects:
Personal Services ...____~_____.--____$ 8,101,442 Operating Expenses ..........__.....$10,812,919 Capital Outlay __...___.____.._.___$ 5,503,500."

3,112,753

MONDAY, MARCH 5, 1973

1963

Section 24. Said Act is further amended by adding at the end of Section 32 the following language:
"The Merit System of Personnel Administra tion shall be authorized to increase its pro rata assessment to a rate sufficient to generate up to $124,000 for the renovations contemplated in the P. Y. 1973 amended Budget Report."
Section 25. Said Act is further amended by add ing at the end of Section 33 the following language:

"The Employees Retirement System shall be authorized to increase its budget by up to $35,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report."
Section 26. Said Act is further amended by strik ing Section 34., relating to the Department of Revenue, in its entirety and inserting in lieu thereof the followlowing:

"Section 34. Department of Revenue.

A. Operations F. Y. 1973 ............ .J$ 15,415,622

B. Loans to Counties--Tax Reevaluation F. Y. 1973 ......... .4

116,965

In addition, there is hereby appropriated the amount of such repayment of county tax evalua tion loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, $208,035 in
F. Y. 1973. Such amount shall be available for further tax evaluation loans to counties.

Provided, that of the above appropriation, rela tive to Operations, $450,000 is designated and com mitted for research, planning and development of Real Property Appraisal Program.

C. Motor Vehicle Tag Purchases F. Y. 1973 .................. ^

894,775

Provided, that of the above appropriated amount, relative to Motor Vehicle Tag Purchases, $460,000 is des ignated and committed for use in contracting with Georgia Prison Industries for the production of at least $1,000,000 1976 motor vehicle tags.

1964

JOURNAL OF THE HOUSE,

Changed Objects:
Personal Services _....__...___,,_.______.__. $9,678,662 Operating Expenses ._._..._.__..__.....$5,743,960."

Section 27. Said Act is further amended by strik
ing Section 36., relating to the Office of the Secretary of State, in its entirety and inserting in lieu thereof the following:

"Section 36. Office of the Secretary of State.

A. Operations F. Y. 1973 .........$ 3,794,800

B. Construction:

Authority Lease Rentals F. Y. 1973 ................ 4

815,000

Changed Object: Operating Expense ......_.....__..$1,242,524."

Section 28. Said Act is further amended by strik ing Section 38., relating to the Office of the Governor, in its entirety and inserting in lieu thereof the follow ing.

"Section 38. Office of the Governor.

A. Operations

Governor's Office F. Y. 1973 ----------.----------$

797,500

Office of Planning and Budget F. Y. 1973 .............$ 1,362,000

There is hereby appropriated as a General Emergency Fund for meeting expenses deemed
emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

B. Governor's Emergency Fund. F. Y. 1973 .................... ..^ 2,000,000

MONDAY, MARCH 5, 1973

1965

Changed Objects:
Personal Services ..-_--^___. Operating Expenses ......_._____...$ 878,027."

Section 29. Said Act is further amended by strik ing Section 40., relating to five percent (5%) salary increase for State employees, in its entirety and insert ing in lieu thereof the following:

"Section 40. In addition to all other appropria tions for the fiscal year ending June 30, 1973, there is hereby appropriated to the budget units design ated hereinafter the amounts listed for each such budget unit for Personal Services to fund a five percent (5%) salary increase for State employees as recommended in the amended Budget Report pre sented to the General Assembly at the regular 1972 session:

Budget Unit

State Scholarship Commission ....-- _,,....______...$

Veterans Service ___.,,..--._.----___.--.----____......_____..$

Georgia Historical Commission _........-.------_-.-.._..$

Treasurer ____,,._.___________________,,...________,,____--...-.______.$

Department of Law ......-------,,...--__--------_--.---$

Audits __,,...----_--_______-.-.-.-..-----__-_,,------__----___--.$

TOTAL

---.-..$

State Funds
13,000 141,000 14,000
2,000 54,000 60,000 284,000."

Section 30. Said Act is further amended by strik ing Section 41., relating to the funding of HB 1320, in its entirety.

Section 31. Said Act is further amended by strik ing Section 46., relating to the Office of Planning and and Budget, in its entirety and inserting in lieu there of the following:

"Section 46. The Office of Planning and Bud get is hereby directed to economize wherever pos sible and in the event any part of the appropria tions provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the State."

TOTAL APPROPRIATIONS

F. Y. 1973 --

..

..$1,368,729,374.60

Section 32. Whenever in this Act the term "Changed Objects" is used it shall mean that the object

1966

JOURNAL OF THE HOUSE,

classification following such term shall be changed to the amount following such object classification from the amount provided in the amended Budget Report submitted to the 1973 General Assembly; except that for those budget units for which the aforementioned Budget Report contains no recommendation for amend ment, the term "Changed Objects" shall mean that the object classification following such term shall be changed to the amount following such object classifica tion from the amount shown in Act No. 885 of the 1972 session of the General Assembly.

Section 33. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 34. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Ployd of the 5th moved that the report of the Committee of Conference be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck
Burruss Burton Busbee Carlisle

Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney, D. Connell Daugherty Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy
Duke Edwards Egan Elliott

Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes
Hays Hill, G. Horton, G. T. Horton, W. L.

Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell

MONDAY, MARCH 5, 1973

1967

McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D.

Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. W. W. Larsen.

Those not voting were Messrs.:

Adams, J. H. Beckham Bennett Davis, E. T. Dean, J. E.

Hill, B. L. Jessup McKinney Noble

Petro Thomason Wamble Mr. Speaker

On the motion, the ayes were 166, nays 1.

The motion prevailed and the report of the Committee of Conference on HB 140 was adopted.

The Speaker Pro Tern assumed the chair.

1968

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 854. By Messrs. Cole of the 6th and Noble of the 48th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to moke more explicit reference to current classes of drivers' licenses; to provide for a four-year license; and for other purposes.
The following amendment was read and adopted:
Mr. Cole of the 6th moves to amend HB 854 by adding on line 23, after the word "be", "1 January 1974".

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, J. H. Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Bailey Beckham
Bennett Berlin Berry Bohannon
Bond
Bosticfc Brantley, H. H. Bray
Brown, B. D. Brown, C.
Brown, S. P.
Buck Burruss Burton

Busbee
Carlisle Carr
Castleberry Chance Clark Cole
Coleman Collins, M. Collins, S.
Colwell Coney Connell Daugherty
Davis, E. T.
Davis, W. Dean, J. E. Dean, N.
Dent Dickey
Dixon
Dollar Dorminy Duke

Edwards
Egan Elliott
Evans Ezzard Farrar Floyd, J. H.
Floyd, L. R. Fraser Geisinger
Grahl Grantham Greer Groover
Hamilton
Harden Harrington Harris, J. F.
Harris, J. R. Harrison
Hawes
Hays Hill, G. Horton, G. T.

Horton, W. L. Hudson Hutchinson Irviu, J. Irvin, R. Irwin, J. R. Jessup Johnson Jonee Jordan King Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell

MONDAY, MARCH 5, 1973

1969

McDonald McKinney Miles Milford Morgan
Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Ross Rush

Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Strickland Sweat Thompson Toles Townsend Triplett Tucker Twiggs Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Foster Keyton

McCracken

Stephens

Those not voting were Messrs.:

Blackshear Brantley, H. L. Carrell Dean, Gib Ellis Gignilliat Hill, B. L.

Howard Howell Knight Matthews, D. R. Murphy Petro Phillips, G. S.

Rogers Smith, J. R. Thomason Turner Wall Wamble Mr. Speaker

Due to mechanical failure, the vote of Mr. Vaughn of the 57th was not recorded.
On the passage of the Bill, as amended, the ayes were 154, nays 4.

The Bill, having received the requisite constitutional majority, was passed, as amended.

1970

JOURNAL OF THE HOUSE,

By unanimous consent HB 854 was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 352. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to be entitled an Act to amend Code Section 109-302, relating to powers of corporations chartered by superior courts, so as to provide that any corporation may act in a limited fiduciary capacity with the approval of the Commissioner of Banking and Finance; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 109-3, relating to acquisition of trust powers by other corporations, as amended, so as to provide that any corporation may act in a limited fiduciary capacity with the approval of the Commissioner of Banking and Finance; to provide for the regulation and examination of such corporations; to au thorize the Commissioner to promulgate rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 109-3, relating to acquisition of trust powers by other corporations, as amended, is hereby amended by adding a new Code Section to be designated Code Section 109-302.1, to read as follows:
"109-302.1. (a) Any corporation may act in a limited fiduciary capacity in connection with the marketing and sale of securities on behalf of religious, philanthropic and charitable organizations, but only to the extent approved by regulations issued by the Commis sioner of Banking and Finance.
(b) Before approving any application for permission to exer cise limited fiduciary powers pursuant to the provisions of sub section (a), the Commissioner shall determine to his satisfaction that the applicant is financially responsible and that the limited fiduciary services which the applicant seeks to perform are for the purposes set forth in subsection (a) and that the public needs and advantage will be promoted by the granting of such powers.
(c) Any corporation authorized to exercise limited fiduciary

MONDAY, MARCH 5, 1973

1971

powers pursuant to the provisions of subsection (a) shall be sub ject to regulation and examination by the Commissioner to the same extent as banks and trust companies operating in this State, and the Commissioner shall be authorized to promulgate such rules and regulations as he deems necessary to protect the interest of persons utilizing the services of such corporations."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Levitas of the 50th moved that the House agree to the Senate substitute to HB 352.

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 Bailty Beckham Berlin Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes

Hays Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald

1972
McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L.

JOURNAL OF THE HOUSE,

Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush
Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland
Sweat

Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall
Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M.
Wood

Those not voting were Messrs.:

Adams, J. H. Bennett Berry Blackshear Buck Carrell Dean, Gib

Egan Hill, B. L. Howard Howell King Matthews, D. R. Murphy

Pearce Petro Smith, J. R. Thomason Vaughn Wilson, M. L. Mr. Speaker

On the motion, the ayes were 159, nays 0.

The motion prevailed and the Senate substitute to HB 352 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 571. By Messrs. Snow of the 1st, Lee of the 114th, Hays of the 1st and others:
A Bill to be entitled an Act to amend Code Section 56-1504, relating to corporate charters for stock and mutual insurers, so as to provide that the duration of corporate charters of stock shall be perpetual unless otherwise limited in the application for charter by those individuals qualified to incorporate a mutual insurer; and for other purposes.

The following Senate amendment was read:

MONDAY, MARCH 5, 1973

1973

The Senate Committee on Banking and Fi amendment:

ffers the following

Amend HB 571 by striking from the tiu~ .he words "heretofore or hereafter chartered in this State and now existing", and inserting in lieu thereof the following:

"existing at the time of enactment of the Georgia Business Corporation Code and thereafter".

and,

By striking from quoted subsection (b) of Section 1 the following:

"heretofore or hereafter chartered in this State and now existing",

and inserting in lieu thereof the following:

"existing at the time of enactment of the Georgia Business Corporation Code and thereafter".

Mr. Snow of the 1st moved that the House agree to the Senate amendment to HB 571.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Brown, S. P. Burruss Carlisle Carr Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey

Dixon Dollar Dorminy Duke Edwards Egan Evans Ezzard Parrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. R.

1974

JOURNAL OF THE HOUSE,

Harrison Hawes Hays Horton, G. T. Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C.

Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush

Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Berry Blackshear Buck Burton Busbee Carrell Chance Dean, Gib Elliott Ployd, J. H.

Gignilliat Groover Harris, J. F. Hill, B. L. Hill, G. Horton Howard Howell King Matthews, D. R.

McDonald Murphy Pearce Smith, J. R. Thomason Thompson Vaughn Wamble Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the motion, the ayes were 149, nays 0.

The motion prevailed and the Senate amendment to HB 571 was agreed to.

MONDAY, MARCH 5, 1973

1975

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 57. By Messrs. Farrar of the 52nd, Jordan of the 58th, Grahl of the 88th 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 a special as sistance fund for certain local units of administration; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act" approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to provide a special assistance fund for certain local units of administration; to provide for the determina tion of eligibility for special assistance funds; to provide for the payment of special assistance funds to qualified local units of administration; 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 known as the "Minimum Foundation Program of Education Act" approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by adding a new Section between Sections 28 and 29 to be designated as Section 28A and to read as follows:
Section 28A. Special assistance Fund for Local Units of Ad ministration, (a) The State Board of Education is hereby au thorized and directed to establish a special assistance fund whereby State funds, in addition to the amounts otherwise provided for by this Act, shall be payable to certain local units of administration qualifying for such special assistance, as hereinafter provided.
(b) The State Board of Education shall calculate annually the amount payable to each qualified local unit of administration as follows:
(1) Calculate the Statewide special assistance fund wealth amount by dividing 40% of the Statewide equalized adjusted school property tax digest by the Statewide ADA and multiplying the re sult by an amount equal to 15 miles less the number of mills neces sary to raise the Statewide required local effort.
(2) For each local unit of administration, calculate the system special assistance fund wealth amount by dividing 40% of the sys-

1976

JOURNAL OP THE HOUSE,

tern equalized adjusted school property tax digest by the system ADA and multiplying the result by an amount equal to 15 mills less the number of mills necessary to raise the required local effort. Subject to the further qualification provided by subsection (d) of this Section each local unit of administration having a system special assistance fund wealth amount less than the Statewide special assistance fund wealth amount shall constitute a qualified local unit of administration.

(3) Subject to the adjustment provided for by subsection (c) of this Section, calculate the special assistance funds payable to each qualified local unit of administration by subtracting the system special assistance fund fealth amount from the Statewide special assistance fund wealth amount and then by multiplying the result by the system ADA.

(c) The amount otherwise payable to qualified local units of administration pursuant to subsection (b) of this Section shall be adjusted for each of those qualified local units of administration whose actual tax levy for educational purposes is less than the equivalent of 15 mills, less the number of mills necessary to raise the required local effort applied to 407e of the equalized adjusted school property tax digest of the local unit of administration. The amount of special assistance funds payable to such local units of administration shall be adjusted as follows:

(1) Convert the actual tax levied, less the mills necessary for the required local effort for educational purposes by the local unit of administration to the equivalent of the enrichment mills that would be applied to 40% of the equalized adjusted school property tax digest of the local unit of administration.

(2) Compute the percentage that the millage determined by paragraph (1) above bears to 15 mills, less the mills required by the required local effort for the local unit of administration.

(3) Apply the percentage determined by paragraph (2) above to the amount of special assistance funds determined pursuant to subsection (b) of this Section. The amount derived by this calcula tion shall be adjusted special assistance funds payable to the local unit of administration.

(d) Beginning with the 1973-74 fiscal school year, each local unit of administration which levies a tax rate calculated under para graph (1) of subsection (c) of this Section, less than the tax rate so calculated for 1972-73 fiscal school year, shall not qualify for any special assistance funds undert his Section for the fiscal school year immediately following the fiscal school year during which the tax rate so calculated is less than such rate for the 1972-73 fiscal school year.

(e) The State Board of Education shall make the calculations required by this Section prior to the beginning of each fiscal school year and shall pay to each qualified local unit of administration one-

MONDAY, MARCH 5, 1973

1977

twelfth of its respective special assistance funds for each month of each fiscal school year. Calculations shall be based on ADA and the actual tax levies of the local units of administration for the im mediately preceding fiscal school year. Calculations shall also be based on the equalized adjusted school property tax digests for the immediately preceding fiscal school year. The first special assistance funds shall be paid to qualified local units of administration during the 1973-74 fiscal school year.

(f) As used in this Section,

(1) a system ADA means the average daily attendance of the system's resident students and students attending the system's schools pursuant to a contract having a term of 25 years or more,

(2) The Statewide ADA means the sum of the ADA of all systems, and

(3) equalized adjusted school property tax digests means the equalized adjusted school property tax digests furnished to the State Board of Education pursuant to subsection (c) of Section 22 of this Act.

(g) In the event sufficient funds are not appropriated to the State Board of Education to pay the full amount of special as sistance funds payable to each qualified local unit of administra tion, as provided herein, the State Board of Education shall reduce pro rata the amount of special assistance funds payable to each qualified local unit of administration.

(h) The special assistance funds provided for by this Section must be used to meet minimum standards as adopted by the State Board of Education. After these standards are met, such funds shall be applied to other educational expenditures subject to a plan sub mitted by the local unit of administration and approved by the State Board of Education. The State Board of Education is hereby authorized and directed to adopt and promulgate such rules and regulations as said Board deems necessary or desirable to imple ment and carry out the provisions of this Section."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Farrar of the 52nd moved that the House disagree to the Senate substi tute to HB 57.

The motion prevailed and the Senate substitute to HB 57 was disagreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

1978

JOURNAL OF THE HOUSE,

HB 806. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect certain excise taxes; and for other purposes.

Mr. Odom of the 114th moved the previous question be ordered.

The motion prevailed and the previous question was ordered.

Mr. Egan of the 25th moved that the House reconsider its action in calling for the previous question to be ordered.

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien
Atherton Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Burruss Burton Carr Carrell Castleberry Clark Cole Coleman Collins, S. Connell Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G.

Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald

McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patterson Peters Phillips, G. S.

MONDAY, MARCH 5, 1973

1979

Phillips, L. L. Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens

Strickland Sweat Toles Townsend Triplett Turner Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Berry Brantley, H. L. Brown, B. D.
Carlisle Chance

Floyd, J. H. Harris, J. F. Lewis Odom Pearce

Reaves Tucker Whitmire Williams Wood

Those not voting were Messrs.:

Alexander, W. M. Buck Busbee Collins, M. Colwell Coney Daugherty Hamilton

Irvin, J. Keyton
Levitas Murphy Patten, R. L.
Petro Pinkston Rainey

Thomason Thompson Twiggs Wamble Ware Mr. Speaker

On the motion, the ayes were 143, nays 15.

The motion prevailed and the House reconsidered its action in ordering the previous question, thereby again permitting debate on HB 806.

Mr. Odom of the 114th again moved the previous question be ordered.

The motion prevailed and the previous question was ordered.

The following amendments were read and adopted: Mr. Hawes of the 43rd moves to amend HB 806 as follows:

1980

JOURNAL OF THE HOUSE,

By striking Section 3, beginning on line 3 of page 2, in its entirety, and inserting in lieu thereof a new Section 3, to read as follows:

"Section 3. The 'Georgia Retailers' and Consumers' Sales and Use Tax Act', approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding at the end of Section 25 thereof the following:

'; provided further that the prohibition in this Section shall not apply to nor affect in any way any right granted to municipal cor porations or counties to impose, levy, or collect an excise tax upon the furnishing for value to the public of rooms, lodging or accom modations'."

Messrs. Adams of the 84th, Davis, King and Pearce of the 85th and others move to amend HB 806 as follows:

Add another section after Section 1 and renumber other sections accordingly:

Section 2. Any consolidated government in existance on the effec tive date of this Act shall use the proceeds from any tax levied under Section 1 of this Act for construction and/or operation of a convention center.

Mr. Hawes of the 43rd moves to amend HB 806 as follows:

By inserting in the title, following the word "taxes", on line 7 of page 1, the following:

"; to provide for severability".

By renumbering Sections 5 and 6 as Sections 6 and 7 respectively,

and

By adding, following Section 4, a new Section 5, to read as follows:

"Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, sub section, 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."

Mr. Jordan of the 58th moves to amend HB 806 by deleting the words, "or accomodations" on line 15, page 1.

MONDAY, MARCH 5, 1973

1981

Mr. Adams of the 14th moves to amend HB 806 by striking on line 23, page 1, the figure "90" and inserting the figure "30".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the 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 Bennett Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, S. P. Burruss Burton Carlisle Carrell Clark Cole Collins, S. Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Duke Egan

Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harris, J. R. Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Irvin, R. Jones Jordan King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W, S.

Levitas Logan Lowrey Marcus Mason Matthews, C. McKinney Moyer Nix Noble Pearce Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Russell, W. D. Savage Shepherd Smith, V. B. Snow Stephens Strickland Thompson Townsend Triplett Turner Waddle Walker Wheeler, Bobby

Those voting in the negative were Messrs.:

Adams, J. H. Adams, Marvin
Bailey Beckham

Berlin
Berry Bohannon Brantley, H. L.

Brown, C. Carr Castleberry Chance

1982
Coleman Collins, M. Colwell Connell Dent Dixon Dorminy Edwards Floyd, J. H. Foster Fraser Harden Harrington Harris, J. F. Harrison Hays Howard Howell Hutchinson Irvin, J. Irwin, J. R.

JOURNAL OP THE HOUSE,

Jessup Johnson Keyton Lane, W. J. Larsen, W. W. Lewis Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Mulherin Nessmith Northcutt Odom Oxford Patten, G. C. Patterson

Peters Phillips, L. L. Rainey Rogers Ross Rush Russell, J. Sams Shanahan Smith, J. R. Sweat
Toles
Tucker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Buck Busbee Mullinax Murphy

Patten, R. L. Thomason Twiggs Vaughn

Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 94, nays 75.

The Bill, having received the requisite constitutional majority, was as amended.

Mr. Lane of the 76th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority, to HB 806, as amended.

Pursuant to the provisions of Act No. 1294 (HB 1210), Georgia Laws, 1970, the following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, was received:

MONDAY, MARCH 5, 1973

1983

SECRETARY OF STATE State Capitol Atlanta 30334

March 5, 1973

Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Dear Jack:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearances as of Friday, March 2, 1973, in accordance with Act No. 1294 (HB 1210), Georgia Laws 1970.

With best wishes, I am

Sincerely your friend,
Is/ Ben W. Fortson, Jr. Secretary of State

Enclosure (Numbers 265-321)

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 fifteen pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 265 through 321) along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearances for the 1973 Session of the Georgia General Assembly as of Friday, March 2, 1973, in accordance with 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 5th day

of March

, in the year of our Lord One Thousand Nine Hundred

and Seventy-three and of the Independence of the United States of Amer

ica the One Hundred and Ninety-seventh.

/a/ Ben W. Fortson, Jr. Secretary of State.

265. James D. King, Jr. Atlanta Chamber of Commerce 1300 Commerce Building Atlanta, Georgia 30303

1984

JOURNAL OF THE HOUSE,

266. Ivan Winsett Georgia Electrification Council Agricultural Engineering Center Athens, Georgia 30601
267. Richard G. Wilkins Registered Agent Sears Roebuck Co. Georgia Retail Association 675 Ponce de Leon Avenue Atlanta, Georgia 30308
268. Tom Watson Brown Registered Agent Georgia Association of Broadcasters MARTA Lake Lanier 822 Fulton Federal Building Atlanta, Georgia 30303
269. John E. Wright Atlanta, Georgia Labor Council AFL-CIO 501 Pulliam St., S.W. Suite 531 Atlanta, Georgia 30312
270. Elmer George Georgia Muniicpal Assn. 501 Fulton Federal Building Atlanta, Georgia 30303
271. Quinton S. King Home Builders Assoc. of Ga. Georgia Association of Realtors 3950 Paper Mill Road Marietta, Georgia 30060
272. George R. Rice, Jr. Georgia Land Development Association 4660 Club Circle, N.E. Atlanta, Georgia 30319
273. Robert R. Richardson United States Brewers Assoc. 6th Floor William Oliver Building Atlanta, Georgia 30303
274. W. Stell Huie Registered Agent Georgia Bankers Assn. MARTA 822 Fulton Federal Building Atlanta, Georgia 30303
275. Julia Dyar Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309

MONDAY, MARCH 5, 1973

1985

276. Joe Sloan General Motors Corporation 880 Johnson Ferry Road, N.E. Atlanta, Georgia 30342
277. Mrs. William S. Chapman South DeKalb Neighbors 2056 Garden Circle Decatur, Georgia 30032
278. Mrs. William H. Borders League of Women Voters--Atlanta-Fulton 696 Flamingo Dr., S.W. Atlanta, Georgia 30311
279. Retty Bowen National Association of Social Workers--North Georgia Chapter 354 Ninth Street, N.E. Apartment 3 Atlanta, Georgia 30309
280. Lloyd T. Whitaker Cousins Properties, Inc. 3530 First National Bank Tower Atlanta, Georgia 30303
281. Roger L. Meredith Associates Financial Services Co., Inc. 1700 Mishawaka Avenue South Bend, Indiana 46624
282. Betty Godwin Local Lodge 709 318 Stewart Ave. Marietta, Georgia 30060
283. Joe B. Freeland Local Lodge 709 Route 1 Alpharetta, Georgia 30201
284. Glenn L. Thrash Local Lodge 709 3963 Evelyn Drive Powder Springs, Ga. 30073
285. William A. Patterson Wright, Jackson, Brown, Williams and Stevens (Public Relations Firm) Equitable Building Room 1810 100 Peachtree St. Atlanta, Georgia
286. D. D. "Scrappy" Jackson Professional Fire Fighters of Georgia 29 Skyline Drive Savannah, Georgia 31406

1986

JOURNAL OF THE HOUSE,

287. W. Fred Orr, II Georgia Association of Nurse Anesthetists 622 Decatur Federal Building Decatur, Georgia 30030
288. Conrad J. Sechler Registered Agent Georgia Consumer Finance Association Empire Mortgage and Investment Company Tucker Insurance Agency 3386 Stonecrest Court Atlanta, Georgia
289. William P. Trotter Association County Commissioners of Georgia LaGrange Banking Building LaGrange, Georgia 30240
290. Willie H. Alien Georgia Association Police Chiefs 5600 Skyland Drive Forest Park, Georgia 30050
291. Jack W. Partridge, Jr. General Telephone Company of the Southeast P. O. Box 809 Moultrie, Georgia 31768
292. Larry Cohran State Bar of Georgia--Criminal Law Section 200 Legal Building Atlanta, Georgia 30303
293. Earl Leonard Coca-Cola Company P. 0. Box 1734 Atlanta, Georgia 30301
294. Thomas W. Malone Health Freedom League P. O. Box 88 Albany, Georgia 31702
295. Rev. Ted Clark P. 0. Box 1435 Decatur, Georgia 30032
296. William P. Dowling Social Apostlate of the Savannah Diocese P. 0. Box 2303 Savannah, Georgia 31402
297. Franklin Shumake Georgians for Quality Public Education 4268 Rockingchair Lane Stone Mountain, Georgia 30083
298. Paul L. Hanes Georgia Beer Wholesalers Association Suite 1727 1175 Peachtree Street, N.E. Atlanta, Georgia 30309

MONDAY, MARCH 5, 1973

1987

299. John W. Garrett National Tape Distributors Inc. 1575 Phoenix Boulevard College Park, Georgia 30349
300. Robert G. Knowles, Jr. Georgia Safety Council Suite 508 Hartford Bldg. Atlanta, Georgia 30303
301. John F. Chambless Georgia Branch, Associated General Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
302. Edward M. Herrington UPIU Local 407 22 Goebel Avenue Savannah, Georgia 31404
303. Joe B. McCullough UPIU Local 407 416 Turnberry Street Port Wentworth, Georgia 31407
304. Wyman Simmons UPIU Local 407 3211 Martha Street Savannah, Georgia 31404
305. Johnnie Clackum Georgia School Food Service Route 1 County Line Road Kennesaw, Georgia 30144
306. Ed England Georgia Restaurant Association 805 Peachtree Building Atlanta, Georgia 30308
307. Elton I. Lewis, Jr. Georgia Restaurant Association 805 Peachtree Building Atlanta, Georgia 30308
308. Inez Stewart A.A.R.P. 6390 Long Island Dr., N.W. Atlanta, Georgia 30328
309. Charlie Templeton Medical Assoc. of Georgia 938 Peachtree St., N.W. Atlanta, Georgia 30309
310. Kathryn M. Suggs Georgia State Nurses Assn. 1185 Collier Road, N.W. Apt. 2-G Atlanta, Georgia 30318

1988

JOURNAL OF THE HOUSE,

311. Barbara DeSha Dowl Georgia State Nurses Assn. 269 10th Street, N.E. Atlanta, Georgia 30309
312. William D. Padgett Trust Company of Georgia P. 0. Box 4418 Atlanta, Georgia
313. Ed McGill Georgia Package Stores Institute 3134 West Roxboro Road, N.E. Atlanta, Georgia 30324
314. Victor J. Impeciato Georgia Restaurant Assn. 2263 Peachtree Road, N.E. Atlanta, Georgia 30309
315. Miss Mary Alice Juhan 263 Clayton Street, N.W. Lawrenceville, Ga. 30245
316. M. E. Schott Georgia Thoroughbred Assn. 215 Piedmont Avenue, N.E. Atlanta, Georgia 30312
317. George B. Hooks Georgia Association of Independent Insurance Agents, Inc. 1252 W. Peachtree St., N.W. Atlanta, Georgia 30309
318. Jean Clark Atlanta Astrological Society 495 House Way Roswell, Ga. 30075
319. Janet Goodman Atlanta Astrological Society 3740 Cloudland Drive, N.W. Atlanta, Ga. 30327
320. Dr. E. M. Bateson 3099 Farmington Drive, N.W. Atlanta, Georgia 30339
321. Glenn Anthony Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303

Mr. Connell of the 80th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 6, 1973

1989

Representative Hall, Atlanta, Georgia Tuesday, March 6, 1973

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. Inman Gerald, Pastor, Adrian Baptist Church, Adrain, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Mauldin of the 13th, Chairman of the Committee on Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Tuesday, March 6, 1973, and submits the following:

1990

JOURNAL OF THE HOUSE,

HB 18. Aircraft, Prohibit Tax or Fee

HB 23. Peace Officers' Ret., Disability Benefits

HB 37. Criminal Justice Act, Indigents

HB 48. Juveniles, Custody Controversy

HB 78. No-Fault Motor Vehicle Insurance

HB 162. Teachers' Ret. Sys., Members, Retired

HB 164. Insurance, Lending -Institutions

HB 193. Teachers' Retirement System, Benefits

HB 319. Planning Commissions, Sub-Divisions

HB 320. County Municipal Planning and Zoning

HB 329. Cities-Malt Beverage, Excise Tax

HB 332. Water Vessels, Regulation and Numbering

HB 370. Hypnotism, Mesmerism, Prohibit

HB 432. MFPE, Local Units, Capital Outlay

HB 442. Boards of Education, Liability Insurance

HB 465. Jury Selection, Number of Strikes

HB 504. Hospitals & Institutions, Certificate of Need

HB 533. Private Employment Agencies, Regulate

HB 553. Youthful Offenders, Penalty Provisions

HB 566. Electors, Provide Registration by Mail

HB 579. Ga. Crime Information Center, Provide

HB 669. Dept. of Labor, Supplemental Approp.

HB 697. Intangible Property Tax, Returns

HB 708. Motor Vehicle Registration Fee

HB 737. Alcoholic Bev., Retail Sale

TUESDAY, MARCH 6, 1973

1991

HB 784. Londlords, Powers, Rents and Distress Warrant

HB 800. Life Insurance & Annuity Contracts, Reserves

HB 921. Governor Convey Property to Ports Authority

HB 949. Building & Loan Assn., Conduct Business

HB 972. Animal Life, Protection of Rare Specimens P.P.

HB 997. Governor, Appoint Secretaries

SB 29. Supreme & Court of Appeals, Interlocutory Appeals

SB 30. Judicial Council of the State of Georgia

SB 140. Public Transportation, New Code

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 97th, Vice-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 1153. By Mr. Willis of the 119th:
A Bill to be enttiled an Act to amend an Act creating a new charter for the City of Bainbridge, 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 1154. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Pulaski 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.

1992

JOURNAL OF THE HOUSE,

HB 1155. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to be enttiled 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 clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1156. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to be entitled an Act to amend an Act placing the clerk of the Pulaski County upon an annual salary, so as to change the compensa tion of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1157. By Messrs. Jessup, Coleman and Larsen of the 102nd:
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 tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1158. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Bleckley County, so as to provide that the clerks of the tax commissioner may receive the same compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1159. By Messrs. Jessup, Coleman and Larsen of the 102nd:
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 candidates who receive a plurality of the votes cast for the office of mayor or alderman shall be nominated or elected to such officet; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1160. By Mr. Carrell of the 71st:
A Bill to be entitled an Act to amend an Act reincorporating the City of Loganville in the Counties of Walton and Gwinnett and creating a

TUESDAY, MARCH 6, 1973

1993

new charter for said City, so as to provide for the election of the Mayor and other officers of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1161. By Messrs. Strickland and Harrison of the 116th: A Bill to be enttiled an Act to amend an Act amending, consolidating and renewing the charter of the City of Patterson, so as to change the name of the mayor's court of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1162. By Messrs. Knight and Mullinax of the 65th: A Bill to be enttiled an Act to grant municipal and county peace officers arrest powers outside the boundaries of their respective county or municipality in certain situations; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1163. By Mr. Carrell of the 71st: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, so as to change the date for the regular meeting of said board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1164. By Mr. Oxford of the 101st: A Bill to be enttiled an Act to amend an Act providing for the election of the Sumter County Board of Education, so as to reconstitute said Board of Education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1165. By Messrs. Dean of the 60th, Mason of the 69th and Wall of the 61st: A Bill to be entitled an Act to amend an Act establishing the State Court of Gwinnett County, so as to provide that the jury, for the trial of all civil and criminal cases tried in the State Court of Gwinnett County, shall be composed of six members; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1994

JOURNAL OF THE HOUSE,

HB 1166. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to reincorporate the City of Lumber City and to grant a new Charter to said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1167. By Messrs. Strickland and Harrison of the 116th: A Bill to be entitled an Act to provide for a supplemental salary of the Ordinary of Appling County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1168. By Messrs. Strickland and Harrison of the 116th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Appling County, so as to change the compensation of the commissioners of Appling County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1169. By Messrs. Strickland and Harrison of the 116th: A Bill to be entitled an Act to change the compensation of the mem bers of the Board of Education of Appling County; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1170. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to amend an Act establishing a Small Claims Court for Appling County, so as to provide for the filling of vacancies in the office of judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1171. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Jackson County, so as to change the terms of the State Court of Jackson County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, MARCH 6, 1973

1995

HB 1172. By Mr. Patten of the 123rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Cook County, so as to change the membership of the Board of Commissioners of Cook County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1173. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the compensation of the sheriff and his deputy; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1174. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation, so as to change the compensation provisions relating to the sheriff and his deputy; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1175. By Messrs. Rush of the 104th and Eraser of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1176. By Messrs. Murphy of the 18th, Dean of the 17th, Dollar of the 63rd, Wilson of the 19th, Kreeger of the 21st, Burruss of the 21st and Toles of the 16th:
A Bill to be entitled an Act to authorize and empower special investi gators of the district attorney in certain judicial circuits to make arrests and carry weapons; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

1996

JOURNAL OF THE HOUSE,

HB 1125. By Mr. Farrar of the 52nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", as amended, so as to change the provisions relative to the initial adjustment of allotments of personnel and State funds; and for other purposes.

HB 1126. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to provide for a Board of Education of Habersham County; to provide for the composition of said Board and for the election of the members thereof; and for other purposes.

HB 1127. By Mr. Matthews of the 122nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, tax collector, tax receiver, clerk of the superior court and the ordinary of Colquitt County on an annual salary in lieu of the fee system of com pensation, so as to change the provisions relating to the compensation of said officers; and for other purposes.

HB 1128. By Mr. Irvin of the 10th:
A Bill to be entitled an Act to amend an Act establishing and creating a new charter for the Town of Homer, so as to change the terms of office of the mayor and councilmen of said town beginning with the election in 1974; and for other purposes.

HB 1129. By Messrs. Lewis and McCracken of the 77th, Nessmith and Lane of the 76th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Burke County; to prescribe the practice and pleading in said court; and for other purposes.

HB 1130. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Barnesville, so as to remove certain restrictions as to resi dence of a person to be elected as Recorder; and for other purposes.

HB 1131. By Messrs. Smith and Adams of the 74th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Barnesville, so as to extend and update existing City Ward Boundaries; and for other purposes.

TUESDAY, MARCH 6, 1973

1997

HB 1132. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Williamson, so as to provide for compensation for the mayor and councilmen; and for other purposes.

HB 1133. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Barnesville, so as to grant to the City the power to finance, construct, operate and dispose of a community Antenna Television Service System; and for other purposes.

HB 1134. By Mr. Bostick of the 123rd:
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 names of the designated offices of "Mayor and Vice Mayor" to the designated names of "chair man and vice chairman"; and for other purposes.

HB 1135. By Mr. Townsend of the 24th:
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 compensation of the elected members of the governing authority; and for other purposes.

HB 1136. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the compensation of the members of the Authority; and for other purposes.

HB 1137. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hampton in the County of Henry, so as to create a recorder's court; and for other purposes.

HB 1138. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to fix the compensation for coroners in certain counties (population not less than 23,600 and not more than 23,800); and for other purposes.

HB 1139. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County on an annual salary in lieu of the fee system of compensation ,so as to change the compensation of the said officers; and for other purposes.

1998

JOURNAL OF THE HOUSE,

HB 1140. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Henry County, so as to change the expense allowance of the Chairman and other members of the Board; and for other purposes.

HB 1141. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Locust Grove, so as to create a recorder's court; and for other purposes.

HB 1142. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said City; and for other purposes.

HB 1143. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A Bill to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes.

HB 1144. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to provide that at the expiration of the term of office of the present Marion County School Superintendent, the Board of Education of Marion County shall appoint the School Super intendent; and for other purposes.

HB 1145. By Mr. Turner of the 3rd:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, Sheriff, Ordinary and Tax Commissioner of Murray County upon an annual salary, so as to change the compensation of the Ordinary; and for other purposes.

HB 1146. By Mr. Turner of the 3rd:
A Bill to be enttiled an Act to anifind an Act creating the Commissioner of Murray County, so as to change the compensation and expense allow ance of the Commissioner; and for other purposes.

HB 1147. By Mr. Howell of the 118th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the Sheriff of Miller County, so as to change the provi-

TUESDAY, MARCH 6, 1973

1999

sions relative to the sheriffs deputies, feeding prisoners and operating expenses; and for other purposes.

HB 1148. By Mr. Alexander of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Fulton County; and for other purposes.

HB 1149. By Mr. Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act relating to the manner in which utility tariff changes may be implemented of the Code of Georgia of 1933, so as to provide that the Georgia Public Service Commission may impose a further suspension not in excess of five months in order to complete hearings thereon; and for other purposes.

HB 1150. By Mr. Bennett of the 124th:
A Bill to be entitled an Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Twin Lakes in the County of Lowndes; and for other purposes.

HB 1151. By Messrs. Lambert of the 97th, Mauldin and Milford of the 13th:
A Bill to be entitled an Act to stagger the terms of office of members of the Board of Education of Greene County; to provide for the prac tices and procedures in connection with the foregoing; to provide for the appointment of the County School Superintendent of Greene Coun ty; and for other purposes.

HB 1152. By Mr. Adams of the 84th:
A Bill to be entitled an Act to create a charter for the City of Royal Lodge, Georgia; and for other purposes.

HR 295-1152. By Messrs. Busbee of the 114th, Floyd of the 5th, Lane of the 76th, Harris of the 8th, Murphy of the 18th, Castleberry of the 96th:
A Resolution renaming the Pataula Creek State Park as the George T. Bagby State Park; and for other purposes.

SR 100. By Senator Holloway of the 12th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to enact legislation treating any and all mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes; and for other purposes.

2000

JOURNAL OF THE HOUSE,

SR 111. By Senators Zipperer of the 3rd and Riley of the 1st:
A Resolution authorizing the State Properties Control Commission to grant and convey to Southern Gas Company easements over, under, across and through certain properties owned by the State and located in Chatham County; and for other purposes.

SB 190. By Senators Webb of the llth, Moore of the 56th, and Johnson of the 38th:
A Bill to be entitled an Act to amend the Juvenile Court Code of Geor gia, so as to provide that the Juvenile Courts shall have jurisdiction over any child under the age of 17 years; and for other purposes.

SB 197. By Senators Webb of the llth, Moore of the 56th, and Johnson of the 38th:
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, so as to provide penalties that may be imposed in the courts of this State upon minors convicted of felonies or misde meanors; and for other purposes.

SB 209. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act relating to prisons, public works camps, and prisoners, so as to require the Commissioners of Of fender Rehabilitation to transfer any person convicted and sentenced to serve time within 30 days after conviction; and for other purposes.
SB 214. By Senators Jackson of the 16th, Hudgins of the 15th and Carter of the 14th: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to permit vehicular traffic to turn right when facing a red or "Stop" signal under certain circum stances; and for other purposes.
SB 233. By Senator Ballard of the 45th: A Bill to be entitled an Act to amend the "Stone Mountain Memorial Association Act", so as to provide the power of eminent domain over real, personal or mixed property, whether held privately or by a public service corporation; and for other purposes.
SB 237. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933"; and for other purposes.

TUESDAY, MARCH 6, 1973

2001

SB 238. By Senators Zipperer of the 3rd and Kennedy of the 4th:
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 authorize the Commissioner of the Department of Transportation to employ such per sonnel as he may deem necessary; and for other purposes.

SB 262. By Senators Tysinger of the 41st, Howard of the 42nd, and Overby of the 49th:
A Bill to be entitled an Act to require the Department of Public Safety to issue identification cards to handicapped persons who do not have a motor vehicle drivers' license; and for other purposes.

SB 305. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 84-601, relating to the definition of podiatrists, so as to change the provisions relative to the definition of podiatrists; and for other purposes.

SB 307. By Senator Herndon of the 10th:
A Bill to be entitled an Act to provide for the liability of corporate sureties for damages and attorney's fees arising out of bad faith re fusal to remedy a default covered by the terms of a contract of surety ship; and for other purposes.

SB 310. By Senator Herndon of the 10th:
A Bill to be entitled an Act to provide that in every case where an executor, administrator, trustee or guardian is required to give bond for the faithful performance of its duties, and the amount of such bond is dependent upon the value of the estate, such value shall be deter mined without regard to the value of any realty; and for other pur poses.

SB 311. By Senator Herndon of the 10th:
A Bill to be entitled an Act to provide that in every case where an executor, administrator, trustee or guardian is required to give bond for the faithful performance of its duties, such person may give bond in an amount equal to the value of the estate; and for other purposes.

SB 312. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act authorizing executors and trustees, to acquire, invest, reinvest, exchange, retain, sell and manage property for the benefit of another in a fiduciary capacity, so as to

2002

JOURNAL OF THE HOUSE,

provide for the application of the said Act to administrators and guardians; and for other purposes.

SB 314. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide that the State Department of Transportation shall erect safety arm warning devices at the foot on each side of any bridge designed with a drawbridge located in this State; and for other purposes.

Mr. Ployd of the 5th District, Chairman of the Committee on Appropriation, 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 156- 610. Do Pass, as Amended. HR 155- 610. Do Pass, as Amended. HR 16- 58. Do Pass, as Amended. HR 17- 58. Do Pass, as Amended. HR 261-1012. Do Pass, as Amended. HR 50- 161. Do Pass, as Amended. HR 138- 509. Do Pass, as Amended. HR 62- 191. Do Pass. HR 33- 113. Do Pass. HR 105- 376. Do Pass. HR 72- 217. Do Pass. HR 79- 262. Do Pass. HR 266-1013. Do Pass. HR 49- 161. Do Pass. HR 18- 58. Do Pass.

TUESDAY, MARCH 6, 1973

2003

HE 153- 604. Do Pass.

HR 146- 568. Do Pass.

HR 143- 568. Do Pass.

HR 81- 262. Do Pass.

HR 78- 262. Do Pass.

HR 206- 839. Do Pass.

HR 203- 804. Do Pass.

HR 137- 504. Do Pass.

HR 106- 376. Do Pass.

HR 129- 480. Do Pass.

HR 28- 98. Do Pass.

HR 80- 262. Do Pass.

HR 100- 332. Do Pass.

HR 134- 503. Do Pass.

Respectfully submitted, Floyd of the 5th, Chairman.

Mr. Farrar of the 52nd 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

367. Do Pass.

HR 293-1118. Do Pass.

Respectfully submitted, Northcutt of the 68th, Secretary.

2004

JOURNAL OF THE HOUSE,

Mr. Lee of the 68th District, Chairman of the Committee on Industry, sub mitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 808. Do Pass.
HB 926. Do Pass.
HB 969. Do Pass.
HB 1039. Do Pass. SB 279. Do Pass.
HB 181. Do Pass, by Substitute. Respectfully submitted, Moyer of the 99th, Secretary.

Mr. McCracken of the 77th 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 and Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HB 1069. Do Pass, by Substitute.

HR 227. Do Pass.

HB 147. Do Not Pass.

Respectfully submitted, McCracken of the 77th, Chairman.

Mr. Phillips of the 73rd District, Chairman of the Committee on Intrstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation has had under consideration the

TUESDAY, MARCH 6, 1973

2005

following Bill of the House and has instructed me to report same back to the House with the fol1 owing recommendation:

HB 909. Do Pass.

Respectfully submitted, Phillips of the 73rd, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills
of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1016. Do Pass.
HB 1032. Do Pass, as Amended.
HB 1017. Do Pass.
SB 275. Do Pass.
SB 18. Do Pass.
SB 203. Do Pass.
HB 1010. Do Pass.
HB 598. Do Pass.
HB 599. Do Pass.
HB 93. Do Pass, by Substitute. Respectfully submitted, Snow of the 1st, Chairman.

Mr. Dorminy of the 115th 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-

2006

JOURNAL OF THE HOUSE,

lowing Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HB 735. Do Pass, by Substitute. HR 282. Do Pass. HR 285. Do Pass.
Respectfully submitted, Mason of the 59th, Secretary.

Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 42. Do Pass. SB 43. Do Pass. SB 274. Do Pass. HB 195. Do Pass.
Respectfully submitted, Buck of the 87th, Chairman.

Mr. Lambert of the 97th 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 295-1152. Do Pass.
HB 1118. Do Pass.
Respectfully submitted, Lambert of the 97th, Vice-Chairman.

TUESDAY, MARCH 6, 1973

2007

Mr. Colwell of the 4th District, Chairman of the Committee on State Institu tions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HR 256- 978. Do Pass.

HR 290-1091. Do Pass.

HR 234- 930. Do Pass.

HR 157- 631. Do Pass.

HR 267-1017. Do Pass.

Respectfully submitted, Colwell of the 4th, Chairman.

Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning and Community Affairs (Local Legislation), 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 205- 832. Do Pass.

HR 210- 874. Do Pass.

HB

85. Do Pass.

HB

299. Do Pass, as Amended.

HB

498. Do Pass, by Substitute.

HB

890. Do Pass.

HB

938. Do Pass.

HB

943. Do Pass.

2008 HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB

JOURNAL OF THE HOUSE,

965. Do Pass.

966. Do Pass.

996. Do Pass.

999. Do Pass.

1002. Do Pass.

1003. Do Pass.

1004. Do Pass.

1005. Do Pass. 1019. Do Pass. 1020. Do Pass. 1021. Do Pass. 1022. Do Pass. 1041. Do Pass. 1042. Do Pass. 1043. Do Pass. 1092. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Lane of the 76th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendation:
HB 871. Do Pass. Respectfully submitted, Lane of the 76th, Chairman.

TUESDAY, MARCH 6, 1973

2009

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 498. By Messrs. Egan of the 25th, Greer of the 43rd and Irvin of the 23rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the com position of said Board; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Board of Com missioners of Fulton County, approved December 3, 1880 (Ga. Laws 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2672), so as to change the composition of said Board; to provide for a chairman of the Board and for his powers, duties and responsibilities; to provide for the election of members to the Board; to provide for commissioner districts; to provide for terms of office; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. Laws 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2672), is hereby amended by striking Sections 1 through 4 of the amendatory Act approved February 15, 1952 (Ga. Laws 1952, p. 2672) in their entirety and substituting in lieu thereof the following:
"Section 1. (a) Effective January 1, 1975, the Board of Com missioners of Fulton County shall be composed of a chairman and seven other members, all of whom shall be elected as provided for hereinafter.
(b) Effective January 1, 1975, the chairman of the Board of Commissioners shall be the chief executive officer of the county. It shall be his duty to execute all lawful orders, directions, instructions and all rules and regulations adopted by the Board, and entered upon the minutes of said Board, as provided by this Act and other laws.
(c) Except as otherwise provided for herein, the powers, duties and responsibilities of the chairman and the Board of Commissioners shall remain the same as is provided by law.
Section 2. For the purposes of electing members to the Board in the 1974 general election and in all subsequent elections thereafter conducted to elect their successors, positions of membership on the

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Board shall be numbered 1 through 8, respectively. In order to be eligible for election to the Board, a candidate for Posts 1 through 7 must be a resident of the commissioner district which corresponds by number to that Post on the Board for which he offers as a can didate. Candidates for Post 8 may reside anywhere within Fulton County. Candidates elected to Post 8 shall serve as the chairman of the Board.

Candidates elected to the Board shall take office on the first day of January following their election and shall serve for terms of office of four years and until their successors are duly elected and qualified. Successors to members of the Board shall be elected in the general election which is conducted immediately prior to the ex piration of the particular term of office.

Section 3. For the purposes of electing candidates to the Board for Posts 1 through 7, as hereinbefore provided, Fulton Coun ty shall be divided into seven commissioner districts as follows:
District No. 1--All of that portion of Fulton County embraced within House Districts 22, 23 and 24.
District No. 2--All that portion of Fulton County embraced within House Districts 25, 26 and 27.
District No. 3--All of that portion of Fulton County embraced within House Districts 28, 29 and 32.
District No. 4--All of that portion of Fulton County embraced within House Districts 31, 33 and 35.
District No. 5--All of that portion of Fulton County embraced within House Districts 34, 38 and 39.
District No. 6--All of that portion of Fulton County embraced within House Districts 30, 36 and 37.
District No. 7--All of that portion of Fulton County embraced within House Districts 40, 41 and 42.

The term 'House Districts' shall mean those districts from which members of the House of Representatives of the Georgia General Assembly are elected pursuant to the provisions of Code Section 47-101, as such Code Section existed on January 1, 1973, and such House Districts shall embrace all of that territory as set forth within said Code Section as it existed on said date.

Section 4. In all elections hereinbefore provided for, each mem ber of the Board elected to Posts 1 through 7 shall be elected thereto only by those electors who reside within the commissioner district of the member's residency. All other members shall be elected to the Board by the vote of all of the electors of Fulton County."

TUESDAY, MARCH 6, 1973

2011

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 299. By Messrs. Hill of the 41st, Greer, Horton and Hawes of the 43rd:
A Bill to amend an Act establishing a new charter for the City of East Point; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 299 as follows:
By renumbering Section 12 as Section 13.
By adding a new Section 12, to read as follows:
"Section 12. Nothing in this Act is intended to increase or de crease the geographical area which was embraced within the boun dary line of the City of East Point on January 1, 1972. The govern ing authority of the City of East Point is hereby directed to resolve, by agreement or by any boundary overlap or inaccuracy, where such does or may exist, with the governing authority of each mu nicipality having any portion of its boundary as a common boundary with the City of East Point."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 85. By Messrs. Alexander of the 38th, Bond of the 32nd, Brown 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; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 890. By Messrs. Howard of the 19th, Nix and Duke of the 20th and others:
A Bill to amend an Act providing for the compensation of the Judge of the Cobb Juvenile Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 938. By Mr. Ritchie of the llth:
A Bill to amend an Act abolishing the fee system for the ordinary of Habersham County, as amended, so as to change the provisions relative to the clerk of the ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

TUESDAY, MARCH 6, 1973

2013

The Bill, having received the requisite constitutional majority, was passed.

HB 943. By Mr. Ritchie of the llth:
A Bill to be entitled an Act to amend Code Section 34-802, as amended, so as to change the provisions relative to population; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 965. By Messrs. Kreeger and Burruss of the 21st, Duke, Nix and McDaniell of the 20th:
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 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 966. By Messrs. Kreeger and Burruss of the 21st, Duke, Nix and McDaniell of the 20th:
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; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

HB 996. By Messrs. Wheeler and Grantham of the 127th and Strickland of the 116th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, as amended, so as to change the compensation of the judge and solicitor of the State 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 999. By Messrs. Groover of the 75th and Lambert of the 97th:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties 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 1002. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, as amended, so as to designate posts for the election of Councilmen-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 115, nays 0.

TUESDAY, MARCH 6, 1973

2015

The Bill, having received the requisite constitutional majority, was passed.

HB 1003. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, as amended, so as to grant to the City the power to acquire right-of-way or easement, purchase, construct, own sell and operate and maintain a Cable Television System, both inside and outside 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 1004. By Messrs. Ware, Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, as amended, so as to extend the corporate limits 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 1005. By Messrs. Ware, Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hoganville, as amended, so as to provide for the salaries and compensation for the Mayor not to exceed $420 per annum, and each councilman not to exceed $300 per annum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

HB 1019. By Mr. Sweat of the 125th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Atkinson County, as amended, so as to provide that the board of Commissioners may employ a clerk; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1020. By Mr. Sweat of the 125th: A Bill to amend an Act reincorporating the City of Pearson and creating a new charter for said city, so as to change the date for holding regular 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 1021. By Mr. Sweat of the 125th: A Bill to amend an Act abolishing the fee system of compensation for the sheriff of Atkinson County, so as to furnish the sheriff with certain automobiles; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 6, 1973

2017

HB 1022. By Mr. Sweat of the 125th:
A Bill to amend an Act placing the Ordinary of Clinch County upon an annual salary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1041. By Mr. Dollar of the 63rd: A Bill to create the Douglas 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1042. By Mr. Dollar of the 63rd: A Bill to provide that no municipal corporation within Douglas County shall take any action which may have an impact on all of the citizens of Douglas County, except under certain conditions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1043. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said city; 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1092. By Messrs. Egan of the 25th, Lane of the 40th, Hawes of the 43rd and others: A Bill to be entitled an Act to amend an Act providing for a uniform county commissioner's law, as amended, so as to provide that the county manager in certain counties shall be the chief administrative officer of the county; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 205-832. By Mr. Morgan of the 70th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Covington Parking Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issu ance and for the validation thereof; to authorize the Authority to con tract with the City of Covington 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 Covington 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 of the City of Covington; 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:

TUESDAY, MARCH 6, 1973

2019

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 COVINGTON PARKING AUTHORITY
A. Creation. There is hereby created a body corporate and politic to be known as the City of Covington Parking Authority which shall be deemed to be an instrumentality of the State of Geor gia 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, 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 five members. One of such members, who shall serve as Chairman of said Author ity, shall be either the Mayor of the City of Covington, Georgia, or a member of the Council of the City of Covington. Such Chair man shall serve for a one year term from January 1 through December 31 of each year and shall be elected by a majority vote of the Mayor and Council of the City of Covington at its first meeting in December of each calendar year beginning in December, 1974. The remaining four members of the authority shall be resident freeholders and registered qualified voters of the City of Covington and shall be selected by the Mayor and Council of the City of Covington. No member of the Council shall be eligible for appoint ment to membership in the Authority, except as Chairman of the Authority, for and during the term for which he or she was elected as a member of the Council. The terms of the first members of said Authority shall be as follows:
Two members shall serve from January 1, 1975 to December 31, 1976, inclusive; and two members shall serve from January 1, 1975 to December 31, 1977 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 imme diately upon taking office after such appointment. The Authority

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shall elect one of its members as Vice Chairman who shall be elected for a term of one year commencing on January 1, 1975 and ending on December 31, 1975 or until his successor is selected and qualified and annually thereafter the Authority shall elect one of its mem bers 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. Three 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 ex penses 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 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 Covington 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 acquisi tion of the necessary property therefor, both real and personal, all in order to alleviate traffic congestion in the City of Covington 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 preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equip-

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2021

ment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construc tion and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary 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.

(4) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally 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.

(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 Covington 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 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 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 jurisdic-

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tion 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 encum brance; 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;

(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 com pensations ;

(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 Covington and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corpora tions 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 Covington is hereby authorized to enter into con tracts 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 Covington, 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 defined, 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

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2023

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 corporations 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 funds 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, 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; Signiture; 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

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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 affixed 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 execution 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 provisions of this Act shall have and are hereby declared to be negotiable 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. Price to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchange able 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 happening 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 con stitute a debt of the City of Covington, 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-

TUESDAY, MARCH 6, 1973

2025

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.

0. 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 trustee, 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 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 application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and ap proval 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 con tractors and by any depositary of the proceeds of the bonds or revenues or other monies 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 indemnify ing 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 ad dition 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 carry ing 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

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JOURNAL OF THE HOUSE,

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 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 investment 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 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 resolution or trust indenture, and may enforce and compel performance 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 bpnds 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.

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2027

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 Newton 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 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 petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality 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 instru mentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated 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 against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said City of Covington 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 received 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, facilities 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, improve ment, betterment 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 revenues of improvements, betterments or extensions thereto thereafter made.

Y. Rules and Regulations for Operation of Projects. It shall be

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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 Authority will be performing and essential governmental function in the exercise of the powers conferred upon it hereunder whereby traffic congestion in the City of Covington 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 furth erance of the essential public purpose for which it is hereby de
clared 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 Authority, shall have the same immunity and exemp tion 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 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, not withstanding any other provision of the Constitution to the con trary, 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 Covington, Georgia, as the same now or may hereafter exist."

TUESDAY, MARCH 6, 1973

2029

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 City of Covington Parking Authority and to pro vide for 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 Covington and with the State of
( ) NO Georgia and any departments, institutions, agencies municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Covington 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 pay ment 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 Covington?"

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton

Bailey Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee

2030
Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dickey Dollar Duke Edwards Egan Ellis Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L.

JOURNAL OF THE HOUSE,

Hill, G. Horton, G. T. Horton, W. L. Howard Howell
Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Milford Morgan Moyer Mullinax Murphy Nessmith Nix Northcutt Odom

Oxford Patten, R. L. Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Savage Shanahan Smith, V. B. Snow Stephens Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Beckham Blackshear Buck
Dean, J. E. Dent Dixon Dorminy Elliott Ezzard

Farrar Gignilliat Irwin, J. R. King
Kreeger Lewis McKinney Miles Mulherin

Patten, G. C. Petro Sams
Shepherd Smith, J. R. Strickland Sweat Thomason Mr. Speaker

TUESDAY, MARCH 6, 1973

2031

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the adoption of the Resolution, the ayes were 152, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 210-874. By Messrs. Waddle of the 98th, Moyer of the 99th and Walker of the 100th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Houston 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 Houston County outside the in corporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Houston County is hereby authorized 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 Houston County outside the in corporated limits of municipalities. To provide for public welfare, health and security of the people of Houston County, the governing authority 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 governing authority shall constitute a misdemeanor punishable upon con viction 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.

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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 and empower the governing authority of Houston
( ) NO 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 Houston County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Houston County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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.

Burruss

Adams, J. H.

Burton

Adams, John

Busbee

Adams, Marvin

Carlisle

Alexander, W. H.

Carr

Alexander, W. M.

Carrell

Alien

Castleberry

Atherton

Chance

Bailey

Clark

Bennett

Cole

Berlin

Coleman

Berry

Collins, M.

Bohannon

Collins, S.

Bond

Colwell

Bostick

Coney

Brantley, H. H.

Connell

Brantley, H. L.

' Daugherty

Bray

Davis, E. T.

Brown, B. D.

Davis, W.

Brown, C.

Dean, Gib

Brown, S. P.

Dean, N.

Dickey Dollar Duke Edwards Egan Ellis Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R.

Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus

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2033

Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Milford Morgan Moyer Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross

Rush Russell, J. Russell, W. D.
Savage Shanahan Smith, V. B. Snow Stephens Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Beckham Blackshear Buck Dean, J. E. Dent Dixon Dorminy Elliott Ezzard

Farrar Gignilliat Irwin, J. R. King Kreeger Lewis McKinney Miles Mulherin

Patten, G. C. Petro Sams Shepherd Smith, J. R. Strickland Sweat Thomason Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the adoption of the Resolution, the ayes were 152, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

2034

JOURNAL OF THE HOUSE,

Mr. Larsen of the 27th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 397. By Mr. Rainey of the 115th:
A Bill to be entitled an Act to regulate massive water-related recreation al events that may cause damage to natural resources; and for other purposes.

The motion prevailed and HB 397 was reconsidered.

Mr. Lane of the 76th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 806. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to authorize counties and municipalities to impose, levy and collect certain excise taxes; 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.:

Bailey Bohannon Brantley, H. L. Carr Chance Collins, M. Colwell Floyd, J. H. Fraser Grahl Harrington Harris, J. F. Harrison Hutchinson

Jessup Johnson Keyton Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Logan Miles Morgan Mullinax Murphy Nessmith Northcutt Oxford

Patterson Pearce Rush Russell, J. Smith, J. R. Toles Twiggs Wall Ware Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Beckham

Bennett Berlin Blackshear Bond Bostick Brantley, H. H. Bray

Brown, B. D. Brown, C. Brown, S. P. Buck Burton Carlisle Carrell

Clark Cole Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Egan Elliott Floyd, L. R. Foster Geisinger Grantham Greer Groover Hamilton Harden Harris, J. E.

TUESDAY, MARCH 6, 1973

2035

Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Irvin, R. Jones Jordan King Lambert Lane, Dick Larsen, G. K. Lee, W. S. Le vitas Marcus Mason Mauldin McCracken McKinney Moyer Nix Noble Odom

Patten, R. L. Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Russell, W. D. Savage Shepherd Smith, V. B. Snow Stephens Thompson Townsend Triplett Tucker Turner Vaughn Waddle Walker Wamble Wheeler, Bobby Willis

Those not voting were Messrs.:

Adams, John Atherton Berry Burruss Busbee Castleberry Coleman Dixon Dorminy Duke Edwards Ellis Evans Ezzard Farrar

Gignilliat Howard Howell Irvin, J. Irwin, J. R. Knight Kreeger Lewis Lowrey Matthews, C. Matthews, D. R. McDaniell McDonald Milford

Mulherin Patten, G. C. Peters Phillips, L. L. Rainey Ross Sams Shanahan Strickland Sweat Thomason Wilson, J. M. Wilson, M. L. Mr. Speaker

On the motion, the ayes were 41, nays 97.

The motion was lost and the House refused to reconsider its action on the passage of HB 806.

Mr. Rainey of the 115th stated that he had been called from the floor of the House when the roll call was ordered on the motion to reconsider, but had he been present would have voted "aye".

2036

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

SB 327. 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 fees of the solicitor.

SB 341. By Senator Broun of the 46th:
A Bill to create a new Board of Commissioners of Clarke County; to provide for Commissioner Districts.

HB 519. By Mr. Lewis of the 77th:
A Bill to amend an Act placing the sheriff of Burke County upon an annual salary, so as to change the compensation of the sheriff.

HB 560. By Messrs. Smith and Adams of the 74th: A Bill to amend an Act amending Code Section 21-105, relating to fees paid coroners, so as to change the certain population figures.
HB 581. By Mr. Harris of the 51st: A Bill to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the official court reporter.

HB 582. By Mr. Harris of the 51st:
A Bill to amend an Act providing for two additional court reporters for certain judicial circuits and providing for additional secretarial and clerical help in such circuits, so as to authorize the judges of said judicial circuits to employ additional court reporters.

HB 590. By Messrs. Snow and Hays of the 1st, Cole and Foster of the 6th:
A Bill to amend an Act incorporating the City of Rossville, so as to change the number of councilmen; to provide for the appointment of the city clerk, treasurer and tax collector.

TUESDAY, MARCH 6, 1973

2037

HB 610. By Mr. Harris of the 51st:
A Bill to amend an Act creating the State Court of DeKalb County, so as to provide that the cost provided for such court shall be inclusive of all cost which might be collected for providing funds for the pur chase of law books, reports, texts and periodicals for a county law library.

HB 641. By Messrs. Walker of the 100th, Waddle of the 98th and Moyer of the 99th:
A Bill to amend an Act creating the City Court of Warner Robins, so as to change the terms of court.

HB 681. By Messrs. McCracken and Lewis of the 77th:
A Bill to amend an Act entitled "An Act to fix the compensation for the members of the boards of roads and revenues of Jefferson County, so as to change the compensation of the commissioners.

HB 686. By Messrs. McCracken and Lewis of the 77th:
A Bill to amend an Act creating the State Court of Jefferson County, so as to change the compensation of the judge and solicitor of said court.

HB 688. By Messrs. McCracken and Lewis of the 77th:
A Bill to amend an Act establishing a new charter for the City of Louis ville, so as to change and define the corporate limits.

HB 689. By Messrs. McCracken and Lewis of the 77th:
A Bill to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the compensation of the sheriff.

HB 694. By Messrs. Lane and Nessmith of the 76th, Lewis and McCracken of the 77th:
A Bill to amend an Act creating a new charter for the City of Sardis, so as to change the corporate limits of said City.

HB 721. By Messrs. Thompson of the 86th, Pearce of the 87th, Buck of the 87th, and others:
A Bill to ratify, confirm, and authorize the sale, of a certain tract or parcel of land in the City of Columbus; to remove the restriction "for cemetery purposes only".

2038

JOURNAL OF THE HOUSE,

HB 722. By Messrs. Pearce of the 87th, Berry and Thompson of the 86th, Adams of the 84th:
A Bill establishing a municipal court in Columbus, Georgia.

HB 729. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th, and others:
A Bill to amend "An Act to create and organize commissioners of Chat ham County, who shall be ex officio judges to define their jurisdiction and duties", so as to change the provisions relative to the compensation of the commissioners and ex officio judges.

HB 738. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to amend an Act creating the State Court of Sumter County, so as to change the compensation of the judge and solicitor of said court.

HB 745. By Mr. Ritchie of the llth:
A Bill to abolish the present mode of compensating the coroner of Habersham County, known as the fee system; to provide in lieu thereof an annual salary.

HB 765. By Messrs. Lewis and McCracken of the 77th, Nessmith and Lane of the 76th:
A Bill to provide for the method of appointing successors to the present members of the Burke County Hospital Authority.

HB 766. By Messrs. Colwell and Twiggs of the 4th:
A Bill to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, so as to change the provisions relative to the compensa tion of the sheriff's deputies.

HB 770. By Mr. Brantley of the 92nd:
A Bill to amend an Act establishing the City Court of Metter, so as to change the compensation of the judge and solicitor of said court.

HB 777. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to provide for a board of elections in certain counties (population of not less than 66,000 and not more than 73,000).

TUESDAY, MARCH 6, 1973

2039

HB 780. By Messrs. Walker of the 100th, Moyer of the 99th and Waddle of the 98th:
A Bill to provide for a board of elections in certain counties (popula tion of not less than 60,000 and not more than 65,000).

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 570. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to provide for the filling of vacancies in the offices of ordinary, clerk of the superior court and sheriff in certain counties of this State (population not less than 65,500 and not more than 73,500).

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 278. By Mr. Murphy of the 18th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that local boards of education shall tender a new contract for the ensuing school year to every teacher on the poyroll at the beginning of the preceding school year or notify the teacher they are not going to rehire him.

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House, to-wit:

SB 32. By Senators Webb of the llth and London of the 50th:
A Bill to amend Code Title 27, relating to criminal procedure, as amended, so as to provide for discovery and inspection in criminal procedure, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders.

SB 241. By Senator Stephens of the 36th:
A Bill to amend the Criminal Court Act so as to authorize the clerk of said court to dispose of certain records; to describe the procedure in connection therewith.

SB 254. By Senators Parker of the 31st and Duncan of the 30th: A Bill to amend an Act providing that the State Board of Education

2040

JOURNAL OF THE HOUSE,

shall prescribe and approve textbooks for a course in Federal and State government to be taught in high schools.

HB 65. By Messrs. Snow of the 1st, Larsen of the 102nd, Morgan of the 70th and others:
A Bill to amend Code Chapter 69-7, relating to corporate, police and mayor's courts, so as to provide that the governing authority of any municipal corporation within this State having a corporate, police, re corder's or mayor's court may appoint a judge of such court.

HB 307. By Messrs. Buck of the 87th, Murphy of the 18th, Rush of the 104th, and others:
A Bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, so as to change the benefits and provisions relative to persons who have previously retired.

HB 308. By Messrs. Buck of the 87th, Lane of the 76th, Rush of the 104th and others:
A Bill creating the Peace Officers' Annuity and Benefit Fund, so as to divide Section 5 into subsections for easier reference.

HB 337. By Mr. Buck of the 87th:
A Bill to implement the provisions of Article V, Section 1, Paravgaph XI of the Constitution, so as to increase the size of the State Board of Pardons and Paroles to five members; to provide for the terms of Board members.
HB 358. By Mr. Lane of the 40th:
A Bill to amend an Act known as the "Georgia Peace Officers' Standards and Training Act", so as to lower the minimum age to 18 for a person to be employed or certified as a peace officer.

HB 361. By Mr. Farrar of the 52nd:
A Bill to amend the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the allotment of funds for free text books, consumable instructional materials and supplies and for library books and nonconsumable teaching materials and aids.

HB 371. By Messrs. Russell of the 53rd, Hawes of the 43rd, Rush of the 104th, and others:
A Bill to amend the Executive Reorganization Act of 1972, so as to pro-

TUESDAY, MARCH 6, 1973

2041

vide for the transfer of the functions of the Georgia Historical Commis sion and its Board of Commissioners to the Department of Natural Re sources.

HB 375. By Messrs. Dollar of the 63rd, Marcus of the 26th, Hawes of the 43rd, and others:
A Bill to amend Code Section 74-111, relating to reports of cruel treat ment of children, so as to include employees of local public school systems and the State Department of Education among those parties permitted to report cases of cruel treatment.

HB 385. By Messrs. Ware of the 65th, Berry of the 86th, Pearce of the 87th, and others:
A Bill to amend an Act known as the "Georgia Civil Defense act of 1951", so as to redefine the policy and purpose of civil defense.

HB 386. By Messrs. Lane and Nessmith of the 76th:
A Bill to amend an Act establishing the qualifications for agents of the Division of Investigation, so as to authorize the Director of the Di vision of Investigation to retain on a contractual basis such persons as he deems necessary to combat the menace of narcotic and drug abuse.

HB 505. By Mr. Harrington of the 93rd:
A Bill to amend the "Georgia Public Assistance Act of 1965", so as to provide criminal penalties for fraud in obtaining food stamps and medi cal assistance (medicaid).

HB 603. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wood of the 9th, Hays of the 1st and Moyer of the 99th:
A Bill to enact the Interstate Civil Defense and Disaster Compact.

HB 695. By Messrs. Howell of the 118th and Lambert of the 97th:
A Bill to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to allow the Joint-Secretary to determine the expiration, renewal and penalty dates for license and certificates issued through the office of the Joint-Secretary.

HB 703. By Mr. Hawes of the 43rd:
A Bill to amend an Act regulating the sale of admission tickets to ath letic contests by providing that no ticket to any athletic contest shall be

2042

JOURNAL OF THE HOUSE,

sold for an amount in excess of the price printed on the ticket, so as to include hockey games.

HB 707. By Messrs. Keyton of the 121st, Mauldin and Milford of the 13th, Brantley of the 92nd and others:
A Bill to amend Code Section 32-1005, relating to bonds of county school Superintendents, so as to change the provisions relative to sending a copy of such bonds to the State Superintendent of Schools.

HB 448. By Messrs. Snow of the 1st, Bennett of the 124th, Tucker of the 69th, and others:
A Bill to amend an Act comprehensively and exhaustively revising, super seding and consolidating the laws relating to the State Board of Correc tions and to prisons, so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or facility under the jurisdiction and control of the Board.

HB 41. By Messrs. Hudson of the 115th and Grantham of the 127th:
A Bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to authorize the Board to adopt rules and regulations; to authorize the Board to establish, provide or approve various education programs of courses for nursing home administrators.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 109. By Senator Doss of the 52nd:
A Resolution amending a Resolution authorizing the lease of a certain tract of State-owned property, so as to change the provisions relative to such lease.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit;

SB 251. By Senator Broun of the 46th:
A Bill to amend Code Section 27-101.2 relating to rewards for arrest and conviction of drug sellers, so as to increase the reward for furnishing information leading to the arrest and conviction of a person who is charged with selling narcotic drugs under Code Section 79-A803, as amended.

TUESDAY, MARCH 6, 1973

2043

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 274. By Messrs Lowrey of the 15th, Toles of the 16th and Adams of the 14th:
A Bill to amend an Act authorizing counties to establish and maintain law libraries, so as to provide for the imposition and collection of costs in civil or criminal cases filed in the Courts of Ordinary for the purpose of establishing and maintaining law libraries.

The Senate has psssed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 301. By Senator Jackson of the 16th:
A Bill to amend Code Section 13-2002, relating to qualifications of di rectors, as amended, so as to change the qualifications of directors.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 140. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to amend an Act providing appropriations for the fiscal year 1972-73, so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1973.

Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 997. By Messrs. Burruss of the 21st and Groover of the 75th: A Bill to be entitled an Act to amend the Code of Georgia of 1933, Sec tion 40-304, so as to provide that the Governor shall have the power to appoint his own secretaries and provide for other clerical personnel as needed; and for other purposes.
The report of the Committee, which was favorable 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:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Dorminy Duke Edwards Egan Evans Floyd, J. H.

Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Knight Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McKinney Milford Morgan

Moyer Mullinax Murphy Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Shanahan Smith, J. R. Snow Stephens Thompson Toles Triplett Tucker Turner Twiggs Vaughn Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Berlin Berry Bostick Burruss

Carlisle Carrell Daugherty Davis, W. Dent

Dixon Elliott Ellis Ezzard Farrar

Gignilliat Hamilton Harrington Hill, G. Horton, W. L. Irwin, J. R. King Kreeger Lambert Lane, W. J.

TUESDAY, MARCH 6, 1973

2045

Lewis Matthews, D. R. McDonald Miles Mulherin Nessmith Patten, G. C. Peters Petro Sams

Savage Shepherd Smith, V. B. Strickland Sweat Thomason Townsend Waddle Wamble Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, the ayes were 134, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 921. By Messrs. Harden and Rogers of the 128th:
A Bill to be entitled an Act to amend an Act known as the "State Ports Authority Act", so as to authorize the Governor to convey certain property to the Georgia State Ports Authority subject to the Marshlands Protection Act of 1970; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HB 921 as follows:
By striking from line 19 of page 2, line 23 on page 2, line 26 of page 2, line 31 of page 2, and line 33 of page 2 the following:
"500",
and inserting in lieu thereof the following: "1,000".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alien Atherton Bailey Bennett Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Colwell
Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dickey Dollar Duke Egan Elliott Ellis Evans Floyd, J. H.

Floyd, L. R. Foster Geisinger Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Keyton King Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Mason Matthews, C. Mauldin McKinney Miles Milford Morgan

Moyer Mulherin Mullinax Murphy Nix Northcutt Odom Oxford Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell
Savage Shanahan Smith, V. B. Snow Stephens Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, Marvin

Matthews, D. R.

Those not voting were Messrs.:

Alexander, W. M. Beckham Berlin

Berry Brantley, H. L. Brown, S. P.

Burton Carrell Collins, M.

Dean, J. E. Dent Dixon Dorminy Edwards Ezzard Farrar Fraser Gignilliat Greer Hill, G. Howard Irwin

TUESDAY, MARCH 6, 1973

2047

Jordan Kreeger Lane, W. J. Levitas Logan Marcus McCracken McDaniell McDonald Nessmith Patten, G. C. Pearce Petro

Russell Sams Shepherd Smith, J. R. Strickland Sweat Thomason Thompson Vaughn Wamble Wheeler, J. A. Wilson, J. M. Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, as amended, the ayes were 129, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 30. By Senators Webb of the llth and London of the 50th:
A Bill to be entitled an Act to create a Judicial Council of the State of Georgia; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend SB 30 as follows:
By striking on line 5 of page 5 the words "do appoint administrative or clerical personnel" and placing a period after "court".
And by striking the word "thirteen" on line 4 of page 2 and insert ing in lieu thereof the word "eleven" and
by striking the words "of" and "four" on line 4 of page 2 and insert ing capitalization of the word "the" and in lieu of "four" the word "two" and
by striking on lines 7 and 8 of page 2 the sentence "The remaining two shall be the chairmen of the House and Senate Judiciary Committees respectively."

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Blackshear Bohannon Bond Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Clark Cole Coleman Collins, S. Coney Connell Dougherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott

Ellis Evans Ezzard Farrar Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Johnson Jones Jordan King Knight Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R.
Mauldin
McCracken
McDaniell
McKinney
Miles

Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patterson Pearce Peters Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Rush Russell, J. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Turner Twiggs Vaughn Waddle Walker Ware Wheeler, Bobby
Wheeler, J. A.
Whitmore
Williams
Willis
Wood

TUESDAY, MARCH 6, 1973

Those voting in the negative were Messrs.:

Ployd, L. R. Harris, J. P. Horton, W. L.

Irwin, J. R. Lane, W. J. Nessmith

Ross Wall

2049

Those not voting were Messrs.:

Beckham Berry Bostick Brantley, H. H. Brantley, H. L. Carrell Chance Collins, M. Colwell Davis, W. Dean, Gib Ployd, J. H. Poster Geisinger

Hill, G. Howard Irvin, R. Jessup Keyton Lambert Larsen, G. K. Larsen, W. W. Levitas Mason McDonald Murphy Paten, G. C. Patten, R. L.

Petro Phillips, G. S. Rainey Russell, W. D. Savage Smith, J. R. Strickland Thomason Towsend Tucker Wamble Wilson, J. M. Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 130, nays 8.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 332. By Messrs. Adams of the 36th, Stephens of the 37th, McKinney of the 35th and others:
A Bill to be entitled an Act to provide for the regulation and numbering of water vessels; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for the regulation and numbering of water vessels; to provide for a short title; to provide for definitions; to provide for the regulation of marine traffic; to provide for rules and regulations to carry out the provisions of this Act; to prohibit certain conduct and activities; to provide for penalties; to provide for all proce dures, requirements and other matters relative to the foregoing; to pro vide an effective date; to repeal specific Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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Section 1. Short title. This Act shall be known and may be cited as the "Georgia Boat Safety Act".

Section 2. Declaration of policy. It is the policy of this State to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.

Section 3. Definitions. As used in this Act unless the context clear ly requires a different meaning:

(a) "Board" shall mean the State Board of Natural Resources.

(b) "Department" shall mean the Department of Natural Resources.

(c) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of trans portation on water.

(d) "Owner" means a person, other than a lien holder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(e) "Waters of this State" means any waters within the territorial limits of this State, and the marginal sea adjacent to this State and the high seas when navigated as a part of a journey or ride to or from the shore of this State. Provided, however, that this definition shall not in clude privately owned ponds or lakes, not open to the public.

(f) "Person" means an individual, partnership, firm, corporation, association, or other legal entity.

(g) "Operate" means to navigate or otherwise use a vessel.

(h) "Operator" means the person who operates or has charge of the navigation or use of a vessel.

(i) "Undocumented vessel" means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto.

(j) "Reportable boating accident" means an accident, collision or other casualty involving a vessel subject to this Act which results in loss of life, injury sufficient to require first aid or medical attention, or actual physical damage to property, including vessels, in excess of $100.

(k) "Boat livery" means a business which holds any vessel for rent ing, leasing, or chartering.

TUESDAY, MARCH 6, 1973

2051

(1) "Dealer" shall mean any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business.

Section 4. Operation of unnumbered vessels prohibited. Every ves sel using the waters of this State shall be numbered except those ex empted by Section 5 of this Act. No person shall operate or give permis sion for the operation of any such vessel on such waters unless the vessel is numbered in accordance with this Act or in accordance with applicable federal law or in accordance with a federally approved numbering sys tem of another state and unless: (a) the certificate of number issued to such vessel is on board and in full force and effect and (b) the identify ing number set forth in the certificate of number is properly displayed on each side of the forward half of such vessel.

Section 5. Exemption from numbering provisions of this Act. A vessel shall not be required to be numbered under this Act if it is:

(a) Not motor propelled; provided however, that sailboats 12 feet or more in length shall require registration.

(b) Covered by a certificate of number in full force and effect which has been issued to it pursuant to federal law or a federally ap proved numbering system of another state, provided that such vessel shall not be used on the waters of this State for a period in excess of sixty consecutive days.

(c) From a country other than the United States, provided that such vessel shall not be used on the waters of this State for a period in excess of sixty consecutive days.

(d) A vessel whose owner is the United States, a state, or a sub division thereof, used exclusively in the nonrecreation public service and which is clearly identifiable as such.

(e) A vessel's lifeboat, if the boat is used solely for lifesaving pur poses. This exemption does not include dinghies, tenders, speedboats or other types of craft carried aboard vessels and used for other than lifesaving purposes.

(f) A vessel that is used exclusively for racing.

(g) A vessel belonging to a class of boats which has been exempted from numbering by the Department after said agency has found that: (1) the numbering of vessels of such class will not materially aid in their identification, and (2) if an agency of the federal government has a numbering system applicable to the class of vessel to which the vessel in question belongs, and (3) the vessel would also be exempt from num bering if it were subject to the federal law.

(h) Documented by the United States Coast Guard or a federal agency successor thereto.

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(i) When operating temporarily by virtue of evidence that a recent application for a certificate of number has been submitted.

Section 6. Identification number.

(a) Application: The owner of each vessel required to be numbered by this Act shall file an application for number with the Department on forms approved by it. Upon receipt of the application in approved form, the Department shall enter the same upon its records and issue to the applicant a certificate of number stating the number assigned to the vessel, the name and address of the owner and such additional informa tion as may be prescribed by regulations of the Department. The owner shall paint on or attach to each side of the forward half of the vessel the identification number in such a manner as may be prescribed by rules and regulations of the Department in order that it may be clearly visible. The number shall be maintained in legible condition and in con trasting color to the hull of the vessel. The certificate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued whenever such vessel is in operation.

(b) Payment of fees: Applications shall be signed by the owner(s) of the vessel and shall be accompanied by the proper fee. Fees for num bering vessels for a registration period of three years shall be as follows:
(1) Vessels up to 16 feet in length ___________________,,________$ 5.00
(2) Vessels 16 to 26 feet in length __________________________..$12.00
(3) Vessels 26 to 40 feet in length __________________.______.__$30.00
(4) Vessels 40 fet in length or longer __________________________..$50.00

Fees for numbering vessels for an initial registration period of two years shall be as follows:
(1) Vessels up to 16 feet in length ........................................I 3.50 (2) Vessels 16 to 26 feet in length ____----_------....______._________$ 8.00 (3) Vessels 26 to 40 feet in length ________________________________-.$20.00 (4) Vessels 40 fet in length or longer _____________________________.$33.50

Fees for numbering vessels for an initial registration period of one year shall be as follows:
(1) Vessels up to 16 feet in length _______.------------__.___________$ 1.75 (2) Vessels 16 to 26 feet in length ________----------.--_._.______$ 4.00 (3) Vessels 26 to 40 feet in length _______________________.------$10.00
(4) Vessels 40 feet in length or longer ______.__--------------$16.75

(c) Change of owner: Should the ownership of a numbered vessel change while the registration is in effect, a new application form with a transfer fee of $1.00 shall be filed with the Department and a new certificate of number shall be issued to the new owner in the same man-

TUESDAY, MARCH 6, 1973

2053

ner as provided for in the original assignment of number. The number assigned shall be identical with the previous one. The year of expiration shall remain the same and the date of expiration shall be determined by the birthdate of the new owner.

Should the transfer occur in the year of expiration after the month of the new owner's birth, the prescribed fee for the usual three-year registration must accompany the application form and the $1.00 transfer fee.

Should the ownership of a numbered vessel change after the regis tration has lapsed, a new application form with a transfer fee of $1.00 plus the prescribed fee for the usual three-year registration shall be filed with the Department. A new certificate of number shall be issued to the new owner in the same manner as provided for in the original assign ment of number. The number assigned shall be identical with the pre vious one unless it has been reassigned during the lapsed period.

(d) Conformity with federal numbering system: In the event that an agency of the United States Government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this Act by the Game and Fish Division shall be in conformity therewith.

(e) Issuing agents: The Department may issue any certificate of number directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he may be allotted a block of numbers and certificates therefor which upon assignment and issue in conformity with this Act and with any rules and regulations of the Department shall be valid as if assigned and issued directly by the Game and Fish Division.

(f) Numbering records to be public: All records of the Department made or kept pursuant to this Section shall be public records.

(g) Registration period: After an initial registration period of one, two or three years, every certificate of number issued to previously un registered vessels pursuant to this Act shall continue in full force and effect for a period of three years unless sooner terminated or discon tinued in accordance with the provisions of this Act. Certificates of num ber may be renewed by the owner in the same manner provided for in the initial securing of same.

The Board of Natural Resources shall develop regulations which shall specify which vessels are to be registered for each of the three initial registration periods.

(h) Expiration date: The certificate of number of all vessels owned by individuals shall expire on the last day of the month of the owner's birth in the last year of the registration period, beginning in 1974, and after that date shall lapse and no longer be of any force and effect un less renewed pursuant to this Act.

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The certificate of number of all vessels owned by other than in dividuals shall expire on December 31 of the last year of the registration period, and after that date shall lapse and no longer be of any force and effect unless renewed pursuant to this Act.

Registrations may be renewed 60 days prior to the last day of the month of the owner's birth, and any person, other than a boat dealer, who shall fail to renew any registration within thirty days after expira tion shall pay a penalty fee of $2.00 with each application of renewal.

(i) Notice of transfer, destruction or abandonment: The owner shall furnish the Department written notice of the transfer of all or any part of his interest other than the creation of a security interest in a vessel numbered in this State pursuant to this Section, or the destruction or abandonment of such vessel within fifteen days thereof. Destruction or abandonment shall terminate the certificate of number for such vessel.

(j) Change of address: Any holder of a certificate of number shall notify the Department in writing within fifteen days if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the Game and Fish Division with his new address.

(k) No other number on bow: No number other than the number validly assigned to a vessel shall be painted, attached, or otherwise dis played on either side of the forward half of such vessel.

Section 7. Dealers and Manufacturers.

(a) Certificate of Number: Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating ves sels owned by such dealer. The fee for the first certificate of number issued to any dealer for each vessel classification shall be the same fee as prescribed in Section 5 and the dealer may then be issued additional certificates of number for testing and demonstrating purposes at a re duced fee as provided by the Board. The amount of the reduced fee shall be determined by the Board and shall be a reasonable approximation of the cost of producing and distributing such certificates of number and may be changed from time to time.

(b) Transfers: Dealers shall be authorized to transfer certificates
of number, issued pursuant to this Section, from one vessel to another vessel in the same classification.

(c) Affidavit Required: Dealers desiring such certificates of num ber shall make application for them on standard vessel registration forms which shall be accompanied by an affidavit stating that he is a vessel dealer or manufacturer.

(d) Numbers: Numbers assigned by such certificates shall be tem porarily placed on vessels within the certificate's class range whenever such vessels are being tested or demonstrated and must be plainly marked "DEALER". Such temporary placement of numbers shall be as
the Board shall provide by regulation.

TUESDAY, MARCH 6, 1973

2055

Section 8. Classification and required equipment.

(a) Classification: Vessels subject to the provisions of this Act shall be divided into four classes as follows:
Class A Less than 16 feet in length. Class 1 16 feet or over and less than 26 feet in length. Class 2 26 feet or over and less than 40 feet in length. Class 3 40 feet or more in length.

(b) Vessel lights: Every vessel in all weathers from sunset to sun rise shall carry and exhibit lights as provided by regulations of the Board.

(c) Whistle or horn: Every vessel of Class 2 or 3 shall be provided with an efficient whistle or horn or other sound-producing mechanical appliance capable of producing signals required by the rules for the prevention of collisions as enacted by Congress.

(d) Lifesaving devices:

(1) Every vessel shall carry, so placed as to be readily acces sible, at least one U. S. Coast Guard approved personal flotation device for each person on board.

(2) The Board of Natural Resources shall promulgate rules and regulations specifying what type of lifesaving devices may be used.

(3) Ne person may use a vessel upon the waters of this State unless the personal flotation devices as required herein shall be (i) readily accessible, (ii) in good and serviceable condition, (iii) legibly marked with the Coast Guard approval number, and (iv) of an ap propriate size for the person for whom it is intended.

(e) Fire extinguishers: Every mechanically propelled vessel of classes 2 or 3 shall be provided with such number, size, and type of U. S. Coast Guard approved fire extinguishers, capable of promptly and effec tually extinguishing burning gasoline, as may be prescribed by the regu lations of the Board, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

(f) Equipment exemptions in authorized races: The provisions of subsections (c) and (e) of this Section shall not apply to vessels while competing in any race conducted pursuant to Section 16 of this Act or, if such vessels be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

(g) Flame arrester: Every vessel shall have the carburetor or car buretors of every engine therein, except outboard motors using gasoline

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JOURNAL OP THE HOUSE,

as fuel, equipped with an efficient U. S. Coast Guard approved flame arrestor, backfire trap, or other similar device.

(h) Ventilation: Every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with means for properly and efficiently ventilating the bilges of the engine and fuel tank com partments so as to remove any explosive or flammable gases.

(i) Prohibition against operation of improperly equipped vessel: No person shall operate or give permission for the oeration of a vessel which is not equipped as required by this Act or the rules and regulations of the Department made pursuant thereto.

Section 9. Boat liveries.

(a) Livery record: The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons mring any vessel, the identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least six months.

(b) Responsibility for required equipment: Neither the owner of a boat livery nor his agent or employees shall permit any vessel to depart from his premises unless it shall have been provided, either by the owner or renter, with the equipment required pursuant to Section 7 of this Act and any rules and regulations made pursuant thereto.

Section 10. Muffling devices. The exhaust of every internal com bustion engine used on any vessel shall be effectively muffled by an efficient muffling device or system used so as to muffle the noise of the exhaust in a reasonable manner. The use of cut-outs is prohibited, except for vessels competing in a regatta or boat race approved as provided in Section 16 of this Act, and for such vessels while on trial runs, during a period not to exceed forty-eight hours immediately preceding such regatta or race and for such vessels while competing in official trials for speed records during a period not to exceed forty-eight hours imme diately following such race or regatta.

Section 11. Prohibited operation.

(a) Reckless or negligent: No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or prop erty of any person.

(b) Operating under the influence of intoxicants: No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug, barbiturate, marijuana, or other hallucenogenic or dangerous drug.

Section 12. Collisions, accidents and casualties. (a) Duty to render assistance and identify vessel and self: It shall

TUESDAY, MARCH 6, 1973

2057

be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, to render to other persons affected by the collision, accident, or other casualty such assistance as may be prac ticable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

(b) Good Samaritan clause: Any person complying with paragraph (a) of this Section who gratuitously and in good faith renders assis tance at the scene of a vessel collision, accident or other casualty with out objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act of as sistance in providing or arranging salvage towage, medical treatment, or other assistance while the assisting person acts as a reasonably prudent man would have acted under the same or similar circumstances.

(c) Accident report required: In the case of a reportable boating accident the operator, or if no operator, the owner of any vessel involved shall file with the Department a full description of the accident includ ing such information as said agency may, by regulation, require. If the operator or owner is incapable of making such report the investigating officer shall submit such reports.

(d) Salvage Rights: Any person who fails to salvage any vessel within twelve (12) months after its sinking shall forfeit his ownership to said vessel and any person may salvage and claim such vessel.

Section 13. Transmittal of information. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Depart ment pursuant to Section 12 (c) shall be transmitted to said official or agency of the United States for analytical and statistical purposes.

Section 14. Water skis and similar devices.

(a) Mirror or observer: No person shall operate a vessel on any of the waters of this State for towing a person or persons on water skis, aquaplane, surfboard, or similar devices unless such vessel shall be equipped with a wide angle mirror, or unless there is in such vessel a competent person, in addition to the operator, in a position to observe the person or persons being towed, at all times.

(b) Lifesaving devices: No person shall operate any vessel on any of the waters of this State for towing a person or persons on water skis, aquaplane, surfboard, or similar devices, nor shall any person or persons engage in water skiing, aquaplaning, surfboarding, or similar activities unless such person or persons being towed is wearing a ski belt, ski jacket, or some U. S. Coast Guard approved personal flotation device.

(c) No skiing sunset to sunrise: No person shall operate a vessel on any waters of this State towing a person or persons on water skis,

2058

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aquaplane, surfboard, or similar devices, nor shall any person engage in water skiing, aquaplaning, surfboarding, or similar activity at any time between the hours from sunset to sunrise.

(d) Performers engaged in authorized activities: The provisions of subsections (a), (b) and (c) of this Section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under Section 16 of this Act.

Section 15. Safe operation.
(a) Speed: The speed of all vessels shall at all times be regulated so as to avoid danger or injury or damage or unnecessary inconvenience either directly or by the effect of the wash or wave raised by such vessel while in the vicinity of swimming areas, docks, floating boat houses, moored boats or boats engaged in fishing activities.

(b) Exceed loading limits: No vessel shall be loaded beyond the recmmended capacity.

(c) Riding bow or gunwale: No person operating any vessel shall allow any person or persons to ride the bow or gunwale of any vessel, nor shall any person or persons ride on the bow or gunwale of any vessel unless such vessel shall be equipped with a railing or some other retain ing device on the bow or gunwale, so located that any person or persons might hold to such railing or other retaining device to avoid falling or being thrown overboard. For the purposes of this Section, eyes or cleats shall not be considered retaining devices.

Section 16. Regattas, races, exhibitions, etc.
(a) Regulations, notices, applications: The Department may regu late the holding of regattas, boat races, marine parades, tournaments or exhibitions which, by their nature, circumstance or location will introduce extra or unsual hazards to the safety or life on any waters of this State. The Board may adopt and may from time to time amend regulations concerning the safety of vessels and persons thereon, either observers or participants. Whenever a regatta, boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof, shall at least thirty days prior thereto, file an application with the Depart ment for permission to hold such regatta, race, parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, race, parade, tournament or exhibition, and such other information as the Department may require, and it shall not be conducted without authorization of the Department.

(b) Permit by U. S. agency: The provisions of this Section shall not exempt any person from compliance with applicable federal laws or regulations.

Section 17. Uniform State waterway marker system, (a) Definitions:
(1) "Aids to navigation" means buoys, beacons, or other fixed

TUESDAY, MARCH 6, 1973

2059

objects in the water which are used to mark obstructions to naviga tion or to direct navigation through safe channels.

(2) "Regulatory markers" means any anchored or fixed marker in or on the water or sign on the shore or on a bridge over the water other than aids to navigation and shall include but not be limited to bathing markers, speed zone markers, information markers, dan ger zone markers, boat keep-out areas, and mooring buoys.

(b) State agency may restrict use: The use of public waters may be restricted in certain areas of this State when the Director of the Game and Fish Division of The Department of Natural Resources deter mines that such restriction is necessary in the interest of public safety. Areas restricted shall be identified by appropriate signs and markers, and persons shall be required to obey any such signs and/or markers. All such signs and markers shall conform to the system of aids to navigation prescribed by the Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Mer chant Marine Council.

(c) Other restrictions prohibited: No city, county or individual may attempt to regulate the public waters of this State by use of the above mentioned signs and markers without the expressed written permission of the Director of the Game and Fish Division of The Department of Natural Resources.

(d) Prima facie evidence of negligent operation: The operation of any vessel within prohibited areas that are marked shall be prima facie evidence of negligent operation.

(e) Violation of regulatory type markers: It shall be unlawful for a person to operate a vessel on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.

(f) Interference with aids or markers: No person shall moor or fasten a vessel to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this Act.

Section 18. Local regulation prohibited.
(a) The provisions of this Act, and of other applicable laws of this State shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel shall be operated on the waters of this State or when any activity regulated by this Act shall take place thereon; but nothing in this Act shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the pro visions of this Act, amendments thereto, or regulations issued there under; provided, that such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this Act, amendments thereto, or regulations issued there under.

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(b) Any subdivision of this State may, at any time, but only after public notice make formal application to the Department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules or regulations necessary or appropriate.

Section 19. Safety and educational programs. The Department is hereby authorized to inaugurate a comprehensive boating safety and boating education program, and to seek the cooperation of boatmen, the federal government and other states. The Department may accept monies made available under federal safety programs and may issue safety certificates to persons who complete courses in boating safety education.

Section 20. Owner's civil liability. The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel whether such negligence consists of a violation of the provisions of the statutes of this State, or neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall not be liable, however, unless such vessel is being used with his or her express or implied consent. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained herein shall be contrued to relieve any other person from any liability which he would otherwise have, but nothing contained herein shall be construed to au thorize or permit any recovery in excess of injury or damage actually incurred.

Section 21. Authority for regulations. The Board of Natural Re sources is hereby authorized to adopt any regulations necessary for the administration and enforcement of this Act.

Section 22. Filing of regulations. A copy of the regulations adopted pursuant to this Act, and of any amendments thereto, shall be filed in the office of the Department and in the office of the Secretary of State. Rules and regulations shall be published by the Department in a con venient form.

Section 23. Enforcement.
(a) Authority to stop and board: Any person empowered to enforce the provisions of this Act and of any rule or regulation adopted pursuant thereto shall have the authority to stop and board any vessel subject to this Act or any such regulation for the purpose of inspection or deter mining compliance with this Act and is empowered to issue a summons for appearance in court or before a magistrate for all violations of this Act or of the rules and regulations prescribed thereunder. Vessels of law enforcement personnel shall be marked to identify them as desig nated enforcement vessels.

(b) An officer empowered to enforce the provisions of this Act shall have the power:

TUESDAY, MARCH 6, 1973

2061

(1) To arrest on view for any violation relating to boating and all rules and regulations prescribed by the Board under the provi sions of this Act.

(2) To execute all warrants and search warrants for the viola tions of the boat law and regulations.

(3) To serve subpoenas issued for the examination, investiga tion, and trial of all offenses against the laws and regulations relat ing to boats.

(4) To board vessels in use for purposes of examining any documents and safety equipment and search without warrant any vessel which is not at its regular mooring or berth, when he believes that any provision of any law of this State or any rule or regulation of the State Game and Fish Division relating to boating has been
violated.

(5) To detain the vessel and arrest the operator of a suspected stolen vessel.

(6) To enter upon any land or water in the performance of his duty.

(7) To demand and secure proper assistance in case of emer gency.

(8) To exercise the powers and duties of peach officers.

(c) Vessels required to cooperate: Every vessel subject to this Act if underway and upon being hailed by a designated law enforcement of ficer shall stop immediately and lay to, or shall maneuver in such a way as to permit such officer to come aboard.

(d) Authorization of enforcement officers: Any person employed or elected by this State or a political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law, including but not limited to, members of the sheriffs' departments, State Patrol men and Conservation Officers, are empowered to enforce the provisions of this Act. The State Game and Fish Division of The Department of Natural Resources shall be primarily responsible for enforcement of this Act and the rules and regulations issued thereunder.

Section 24. Specific Acts repealed. An Act known as the "Georgia Motorboat Numbers Act", approved March 7, 1960 (Ga. Laws 1960, p. 235), as amended by an Act approved April 2, 1963 (Ga. Laws 1963, p. 301), by an Act approved March 24, 1965 (Ga. Laws 1965, p. 251), and by an Act of approved March 29, 1968 (Ga. Laws 1968, p. 487), is hereby repealed in its entirety. An Act regulating boat traffic upon the fresh waters of this State, approved February 15, 1952 (Ga. Laws 1952, p. 281), is hereby repealed in its entirety. An Act making it a mis demeanor for any person operating a boat on the waters of this State while in an intoxicated condition or in a manner which disregards the

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safety of others, approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 55), is hereby repealed in its entirety.

Section 25. Penalties. Any person who violates any provision of this Act, or any rule or regulation promulgated thereunder shall be guilty of a misdemeanor and punished as provided by law.

Section 26. Effective date. This Act shall become effective on Jan uary 1, 1974.

Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Collins of the 45th, was read and lost.

The following amendment was read and adopted:
Mr. Murphy of the 18th moves to amend the Committee substitute to HB 332 by striking from Section 5a, page 3, line 20 the figure "12" and inserting the figure "14" in lieu thereof.

The following amendment was read:
Mr. Coleman of the 102nd moves to amend the Committee substitute to HB 332 by adding on page 5, section 6(B), subsection (1) by deleting line 1:3 and replacing it with the following words: "(1) Vessels from 15 to 16 feet". The same on line (23) of page 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.:

Adams, G. D. Adams, J. H. Adams, John Atherton Bailey Bohannon Bostick
Brantley, H. H. Brantley, H. L. Buck Burruss Burton Carr

Castleberry Clark Cole Coleman Collins, S. Colwell Coney
Davis, E. T. Davis, W. Dixon Dorminy Edwards Floyd, J. H.

Foster Fraser Geisinger Grahl Groover Harden Harrington
Harris, J. F. Hays Hudson Hutchinson Irvin, J . Irwin, J. R.

King Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lewis Lowrey Mauldin McCracken McDaniell McKinney Milford Murphy

TUESDAY, MARCH 6, 1973

2063

Nessmith Nix Northcutt Oxford Patterson Phillips, G. S. Phillips, L. L. Rainey Ritchie Rogers Rush Shanahan Shepherd Smith, V. B.

Snow Stephens Strickland Sweat Toles Tucker Turner Twiggs Walker Wheeler, Bobby Wheeler, J. A. Willis Wilson, M. L.

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Beckham Berlin Berry Brown, C. Carlisle Connell Dean, J. E. Dean, N. Dent Dollar Duke Ellis Farrar Floyd, L. R. Grantham

Harris, J. R.
Hill, G. Horton, G. T. Irvin,R. Johnson Jones Jordan Knight Kreeger Lee, W. S. Levitas Marcus Matthews, C. McDonald
Miles Morgan Moyer Mulherin

Mullinax Odom Patten, R. L.
Pearce Peters Roach Ross Russell, W. D.
Sams Savage Thompson Vaughn Waddle
Wall Ware Whitmire Williams Wood

Those not voting were Messrs.:

Bennett Blackshear
Bond Bray Brown, B. D. Brown, S. P.
Busbee Carrell Chance Collins, M. Daugherty
Dean, Gib Dickey Egan Elliott

Evans Ezzard Gignilliat Greer Hamilton Harrison Hawes Hill, B. L. Horton, W. L. Howard Howell
Jessup Keyton Lambert Logan

Mason Matthews, D. R. Patten, G. C. Petro Pinkston Reaves Russell, J. Smith, J. R. Thomason Townsend Triplett Wamble Wilson, J. M. Mr. Speaker

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On the adoption of the amendment, the ayes were 80, nays 55.

The 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bostick Brantley, H. H. Brown, C. Buck Burruss Burton Busbee Carlisle Castleberry Chance Clark Cole Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N.

Dent Dickey Dollar Duke Edwards Egan Ellis Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G, T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Jordan Knight Kreeger

Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. McCracken McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Murphy Nix Noble Northcuttt Odom Patten, R. L. Pearce Peters Phillips, G. S. Rainey Reaves Ritchie Roach Rogers Ross

Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens

TUESDAY, MARCH 6, 1973

2065

Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker

Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Bohannon Brantley, H. L. Carr Coleman Coney Dixon Foster Harrington

Harris, J. F. King Lane, W. J . Larsen, G. K. Mauldin Milford Nessmith Oxford

Patterson Phillips, L. L. Rush Savage Sweat Twiggs Wilson, M. L.

Those not voting were Messrs.:

Bond Bray Brown, B. D. Brown, S. P. Carrell Collins, M. Dean, Gib Dorminy Elliott Evans Ezzard

Floyd, J. H. Harrison Hawes Horton Howell Jessup Keyton Lambert Larsen, W. W. Matthews, D. R. Patten, G. C.

Petro Pinkston Russell, J. Strickland Thomason Townsend Wall Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 125, nays 23.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Wall of the 61st stated that he had been called from the floor of the House when the roll was called on the passage of HB 322, by substitute, as amended, but had he been present would have voted "aye".

HB 669. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to provide for the Department of Labor a supplemental appropriation, as amended, so as to make certain changes

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in Section 9 and 13 of the Employment Security Law in order to make additional funds available which are otherwise available to the Depart ment of Labor; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton
Bailey Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham
Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hays Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jones Jordan

Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro

Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan

TUESDAY, MARCH 6, 1973

2067

Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs

Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs,:

Adams, J. H. Beckham Bennett Bond Collins, M. Elliott Ezzard Farrar

Harrison Hawes Hill, B. L. Hill, G. Horton, W. L. Howard Levitas Matthews, D. R.

Mauldin Ritchie Russell, W. D. Thomason Townsend Wamble Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, the ayes were 156, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 329. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which may be imposed on malt beverages by municipalities; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for certain exceptions; to provide for a report-

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ing system for the payment of such excise taxes on the sale of malt beverages; to provide for the manner and method of collection and payment of such taxes; to provide for credits for taxes previously paid; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act relating to license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, is hereby amended by adding between Sections 5 and 6 a new Section to be known as Section 5A to read as follows:

"Section 5A. (a) There is hereby imposed upon the business of selling malt beverages in the municipalities and counties permit ting said sales an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of five cents (5<t) per 12 ounces, or proportionately thereof, so as to graduate the tax on bottles, cans and containers of various sizes.

(b) The excise tax provided for in subsection (a) shall be imposed upon and shall be paid by the licensed wholesale dealer in malt beverages. Such taxes shall be paid by such dealer on or before the 10th day of the month following the calendar month in which the beverages are sold or disposed of within the particular munici pality and/or county by said wholesale dealer.

(c) Each licensee responsible for the payment of the excise tax shall file a report showing for the preceding calendar month the exact quantities of malt beverages, by size and type of con tainer, constituting a beginning and ending inventory for the month sold within each municipality and/or county. The licensee shall file the report with each municipality and/or county wherein such beverages are sold by said licensee.
(d) The wholesaler shall remit to such municipality and/or county on the 10th day of the month next succeeding the calendar month in which such sales were made the tax imposed by the municipality and/or county. No city or county other than that in which the business of a wholesale dealer is located may charge any license fee or any other tax or fee against such wholesale dealer in excess of $100.
(e) No decal, stamp, or other marking may be required on malt beverages designating the particular city or county wherein a sale of malt beverages is made, or wherein resides a licensed re tailer to whom said beverages are delivered.

(f) On or before the first day of the first calendar month in which this tax shall apply, each wholesale dealer doing business in this State shall deliver to, and take receipt from, the various coun ties and municipalities in which it does business, all unused county or municipal tax stamps, lids, or other indicia of tax payment in its

TUESDAY, MARCH 6, 19^

2069

possession upon which the tax has been

for which it intends

to claim a refund, together with such

ts and other proof as

the licensing authority of the county o

ipality may reasonably

require showing possession by such who . .e dealer of tax stamps,

lids, or other indicia of tax payment in its possession acquired and

affixed to containers of malt beverages prior to the effective date

of this Act, for which such wholesale dealer intends to claim a re

fund. There shall be allowed as a. credit against taxes due under the

reporting system to each municipality or county, upon delivery of

an equivalent amount of unused stamps, lids or other indicia of tax

payment, or affidavits of possession of stamps affixed to containers

of malt beverages, one-twelfth (1/12) of the amount listed in the

certificate so filed. Wholesale dealers may thereafter, at thirty-day

intervals, obtain an additional credit of one-twelfth (1/12) of their

refund total until their entire amount, as shown on their certificates,

is credited in full against liabilities for taxes arising under this

Section."

Section 2. This Act shall become effective on the first day of the first calendar month after its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. McDonald of the 12th, was read and lost.

An amendment, offered by Mr. Jordan of the 58th, was read and lost.

The following amendments were read and adopted:
Mr. Egan of the 25th moves to amend the Committee substitute to HB 329 by striking lines 18, 19 and 20 on page 1 and substituting:
"Section 5A. (a) Municipalities and counties permitting the sale of malt beverages are hereby directed to impose an excise tax, in addition to".
Messrs. Cole of the 6th and Phillips of the 103rd move to amend the Com mittee substitute to HB 329 as follows:
By deleting the period on line 24 of page 1, and inserting in lieu thereof the following:
"; provided however, in the event that any excise tax imposed by any municipality or county as of December 1, 1972, exceeded the tax rate set forth above, such municipality or county may continue to impose such tax at that rate."

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Mr. Atherton of the 19th moves to amend the Committee substitute to HB 329 as follows:

By inserting between the words "fee" and "against" as they appear on line 19, page 2, the following:

"in lieu of a license fee".

Mr. Atherton of the 19th moves to amend the Committee substitute to HB 329 as follows:
By deleting the word "and" as the same appears on line 20 of page 1, and inserting in lieu thereof the word "an".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Castleberry Chance

Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, W. Dean, Gib Dean, J. E. Dent Dickey Duke Egan Elliott Evans Floyd, J. H. Floyd, L. R. Geisinger Grantham Greer Groover Hamilton

Harrington Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, R. Jessup Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan

Lowrey Marcus Mason Matthews, C. McCracken McDaniell
Morgan Moyer Mulherin Mullinax
Murphy Nix Northcutt Patterson

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2071

Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Roach Ross Sams Savage Shanahan Smith, J. R. Snow Stephens
Sweat

Thompson
Toles Turner Waddle Walker
Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, Marvin
Alien Carr Collins, M. Davis, E. T. Dean, N. Dixon Dorminy Ellis Foster Gignilliat Grahl

Harris, J. P. Harris, J. R. Irvin,J. Irwin, J. R. Johnson Jones Jordan Keyton King Matthews, D. R.
Maul din McDonald

Milford Oxford Reaves Ritchie Rogers Russell, W. D. Smith, V. B. Tucker Twiggs Vaughn Williams

Those not voting were Messrs.:

Beckham Bennett Bond Brantley, H. L. Brown, B. D. Carrell Daugherty
Dollar Edwards Ezzard Farrar
Fraser

Harden Harrison Howell Lambert McKinney
Miles Nessmith Odom Patten, G. C. Patten, R. L.
Petro Pinkston

Rush Russell, J. Shepherd Strickland Thomason Town send Triplett Wamble Willis Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 35.

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The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Russell of the 62nd requested the Journal record his vote as "aye" on the passage of HB 329, by substitute, as amended.

By unanimous consent, HB 329, by substitute, as amended, was ordered im mediately transmitted to the Senate.

HB 319. By Messrs. Horton of the 43rd, Larsen of the 27th, Alexander of the 39th and others:
A Bill to be entitled an Act to authorize the creation of planning com missions within certain political subdivisions and combinations thereof; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an At to authorize the creation of planning com missions within certain political subdivisions and combinations thereof; to provide for the powers, duties and responsibilities of such commis sions; to provide the procedures connected therewith; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. The governing authority of each municipality in this State is authorized to create, by ordinance, a municipal planning com mission. The governing authority of each county in this State is au thorized to create, by resolution, a county planning commission. Any two or more municipalities are authorized to create a joint planning commission. Any two or more counties are authorized to create a joint planning commission. Any one or more counties and any one or more municipalities in any one or more of these counties are authorized to create a joint planning commission. The governing authority of any municipality or county that has participated or participates in creating a joint planning commission may continue and may create or retain its own local planning commission, whether under the authority of a private Act, general enabling legislation, or other authority. Any county or municipality which has or which may create its own local planning commission and which also participates in a joint planning commission may specify in the respective resolutions or ordinances which powers granted shall be exercised by the local planning commission and also the joint planning commission. Wherever the terms, "municipal planning commission," "county planning commission," or "municipal-county plan ning commission," are used hereinafter, they shall be construed to mean

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and shall include any planning commission established hereunder. The governing authorities of the political subdivision or subdivisions creating a planning commission shall select the name of the commission, but such name must include the term "planning commission." A planning com mission shall be composed of members who shall be appointed by the governing authority or authorities of the political subdivision or sub divisions creating the commission. Members of the commission who hold public office shall serve on the commission during the time they hold such public office. Other members of the commission shall be appointed for overlapping terms of three, four or five years and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of said members shall be staggered. The compensation of the members, if any, shall be determined by the governing authority or authorities of the political subdivision or subdivisions creating the commission. Any vacancy in the membership of a planning commission shall be filled for the unexpired term in the same manner as the original appointment. The governing authority or authorities of the political subdivision or subdivisions creating the com mission are hereby authorized to remove any member of the commission for cause after written notice and public hearing.

Section 2. The governing authority of any municipality, by ordi nance, and of any county, by resolution, may create and establish, in addition to a planning commission, a planning department and may transfer to it any or all of the functions, powers and duties of a plan ning commission. The governing authority of any such municipality or county may appoint a planning director who shall be responsible for supervising and administering the affairs of the planning department.

Section 3. The municipal planning commission, the county plan ning commission, or the municipal-county planning commission shall elect one of its members as chairman who shall serve for one year or until he is reelected or his successor is elected. A second member shall be elected as vice chairman, and he shall serve for one year or until he is reelected or his successor is elected. The planning commission shall appoint a secretary who may be an officer or an employee of the govern ing authority or of the planning commission. The planning commission shall meet at least once each month at the call of the chairman and at such other times as the chairman or board may determine, shall adopt rules for the transaction of business; and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. When a board member involves himself in the deliberations or voting on a matter which involves a conflict of interest on his part or in which his participation is not in the public interest, such involvement or participation automatically authorizes an appeal on this decision. A determination shall be made by the board of read justment upon a challenge by any party with a substantial interest in the matter or any member of the board if such participation or involve ment constitutes a conflict of interest or is not in the public interest. The planning commission may appoint such employees and staff as it may deem necessary for its work. In the performance of its duties, the planning commission may cooperate with, contract with, or accept funds from Federal, State, or local, public or semi-public agencies or private agencies or private individuals or corporations, may expend such funds, and may carry out such cooperative undertakings and contracts. It may make expenditures for the purchase of required equipment and supplies.

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The expenditures of the planning commission, exclusive of gifts to the commission or contract receipts, shall be within the amounts appro priated for the purpose by the governing authority or authorities who are empowered to determine, agree upon, and appropriate funds for the payment of the expenses of the planning commission or their respective shares thereof.

Section 4. It shall be the function and duty of the municipal plan ning commission, the county planning commission, or the municipalcounty planning commission to make such careful and comprehensive surveys and studies of existing conditions and probable future develop ments and to prepare such plans for physical, social, and economic growth, development, preservation and conservation as will best pro mote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of its political jurisdiction and the conservation, preservation and order ly development of vital resources areas of State concern. In particular, the planning commission shall have the power and duty to:
1. Prepare and recommend for adoption to the governing authority or authorities a comprehensive land use plan for the orderly growth, development, preservation, and conservation of its political subdivisions and the conservation, preservation, and orderly development of vital resource areas of State concern within its boundaries. Such a plan shall consider potential changes and needs during a period of no less than five and no more than twenty years from the current year and shall be up dated as required by the governing authority, but no less often than biannually.
2. Prepare and recommend for adoption to the appropriate govern ing authority or authorities a zoning ordinance or resolution and map for its political jurisdiction in conformance with the objectives of the comprehensive land use plan and to foster the implementation of the comprehensive land use plan.

3. Prepare and recommend for adoption to the appropriate govern ing authority or authorities, regulations for the subdivision of land within its political jurisdiction, and to administer the regulations that may be adopted in conformance with the objectives of the comprehensive land use plan and to foster the implementation of the comprehensive land use plan.

4. Prepare and recommend for adoption to the appropriate govern ing authority or authorities a plat or plats or an official map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within its political jurisdiction or a speci fied portion thereof.

In addition, unincorporated areas adjacent to municipalities may be added to and included in the area under the jurisdiction of a munici pal planning commission for general planning and for comprehensive land use plan preparation and for the preparation and administration

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of zoning ordinances or resolutions, land subdivision regulations, and official maps, provided that the governing bodies of the county and the municipality shall agree to the boundaries of such additional areas, procedures for joint action, procedures for the adoption and administra tion of ordinances and resolutions, and regulations applying to the area, and the manner of obtaining equitable representation on the municipal planning commission and board of zoning appeals. Such agreement shall be formally established by appropriate official action by the governing authorities involved.

Section 5. The municipal planning commission, the county plan ning commission, or the municipal-county planning commission may make, publish, and distribute maps, plans and reports and recommenda tions relating to the comprehensive land use plan and development of its political jurisdiction to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of its political jurisdiction programs for public improvements to foster the implementation of the comprehensive land use plan and the financing thereof. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its member and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon: Provided, however, that the planning commission shall be liable for any injury or damage to property result ing therefrom. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote the planning of its political jurisdiction.

Section 6. The governing authority or authorities may, by ordi nance or resolution, provide for the reference of any matter or class of matters to the planning commission serving its political jurisdiction before final action thereon by the public body or officer having final authority thereon, with the provision that final action thereon shall not be taken until said planning commission has submitted its report thereon or has had a reasonable time, to be fixed in said rule, to submit the report.

Section 7. It shall be the duty of the municipal planning com mission, the county planning commission, or the municipal-county plan ning commission to prepare a comprehensive land use plan of its political jurisdiction and update as required by the governing authority, but no less often than biannually. Such land use plan may show, among other things: existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto; routes to railroads and transit lines; terminals, ports, airports; parks, playgrounds, forests, reservations, and other public open spaces; sites for public buildings and structured; districts for residence, business, industry, recreation, agricul ture, forestry; special districts for other purposes, including vital re source areas of State concern within the political jurisdiction; limited development districts for purposes of conservation, water supply, sani tation, drainage, protection against floods, and the like; areas for hous ing developments, slum clearance, and urban renewal and redevelopment; location of public utilities whether publicly or privately owned, includ-

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ing, but not limited to, sewerage and water-supply systems; zoning dis tricts, and other planning features, together with time and priority schedules and cost estimates for the accomplishment of the proposals. The comprehensive land use plan shall be based upon and include ap propriate studies of the location and extent of present and anticipated population, social, economic, and human resources and problems, and other useful data.

Section 8. Before certifying the comprehensive land use plan to the governing authority, the planning commission shall hold public hearings in each political subdivision of the municipality or county, notice of which shall be published in a newspaper of general circula tion in the municipality or county at least 15 days before the hearing.

Section 9. After receiving the certification of the comprehensive land use plan from the planning commission and before its adoption as the basis for administration and enforcement of any zoning or subdivi sion regulations, the governing authority shall hold a public hearing thereon, notice of which shall be published in a newspaper of general circulation in the municipality or county at least 15 days before the hearing.

Section 10. The governing authority, after the public hearing, shall review, revise, amend and adopt a comprehensive land use plan within one year after the effective date of this Act as the basis for administration and enforcement of any zoning or subdivision regula tions and no less often than biannually.
Section 11. For the purpose of promoting the health, safety, morals, convenience, order, prosperity, or general welfare of the municipality or county or both, the governing authorities of the municipality and county, respectively, are hereby empowered, the municipality within the corporate limits thereof, and the county within the unincorporated areas thereof, in accordance with the conditions and the procedure specified in this Act, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of populations, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agricul ture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such regulations shall be made in conformance with a comprehensive land use plan, adopted by the governing authorities, and shall foster the implementation through public and private actions of the comprehensive land use plan. The regulations shall be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate lights and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration among other things, of the char acter of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and de preciation, securing economy in governmental expenditures, conserving

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the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout such municipality or county or both.

Section 12. Whenever the municipal planning commission, the county planning commission, or the municipal-county planning com mission makes and certifies to its governing authority or authorities a zoning regulation, including both the full text of the recommended zon ing ordinance or resolution or both and the maps, for the entire area of the municipality or any vital resource area of State concern or for the entire unincorporated area of the county or for any militia district or land lot or land or water areas 500 feet wide on either side of any State or county highway or section of such highway or land or water areas 500 feet wide on either side of any water line of a stream or water reservoir or section thereof or any vital resource area of State concern within the unincorporated area of the county, then the governing authority of the municipality or county may exercise the powers granted to them in Section 8 and, for the purposes therein mentioned, may divide the mun icipality or county or above specified portions of county into districts of such number, shape, and size as it may determine, and within such dis tricts it may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and the uses of land. All such regula tions shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The lawful use of any land, building, or structure that was existing and lawful at the time of the enactment or amendment of zoning regulations may, except as hereinafter provided, be continued although such use does not conform with the provisions of such regula tions or amendments (hereinafter called a nonconforming use). The governing authority of any municipality or county may provide in the zoning ordinance or resolution for the regulation of the continuance, restoration, reconstruction, extension, or substitution of a nonconform ing use insofar as it conforms to the objectives of the comprehensive land use plan and will foster the implementation of the comprehensive land use plan. Such governing authority may also provide for the termina tion of any use of a building or structure or land that is not in con formity with the regulations of the district within which it is located either by specifying the period or periods in which the nonconforming use shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment in such nonconforming use.

Section 13. Before enacting the zoning ordinance or resolution the governing authority of the municipality or county shall hold a public hearing thereon, at least 15 days' notice of the time and place of which shall be published in a newspaper of general circulation in the municipal ity or county. No change in or departure from the text or maps, as certified by the municipal planning commission, the county planning commission, or the municipal-county planning commission shall be made unless such change or departure be first submitted to the planning com mission for review and recommendation as to whether the change con forms to the objectives of the comprehensive land use plan and will foster the implementation of the comprehensive land use plan. Planning com mission shall have 30 days within which to submit its report. If the

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planning commission fails to submit a report within a 30-day period, it shall be deemed to have approved the change or departure.

Section 14. The zoning ordinance or resolution, including the maps, may be amended from time to time, but only if the amendment conforms to the objectives of the comprehensive land use plan and will foster the implementation of the comprehensive land use plan; and no amend ment shall become effective unless it shall have been proposed by or shall first have been submitted to the municipal planning commission, the county planning commission or the municipal-county planning commis sion for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning com mission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment. The provisions of the previous Section relative to public hearings and official notice shall apply equally to all amendments. However, the governing authority of the municipality or county may, by ordinance or resolution, authorize the planning commission or a hearing officer or examiner to hold all the public hearings in lieu of the public hearing required by the governing authority, and when so authorized by ordinance, the planning commission hearing officer, or examiner, shall hold the public hearings thereon; at least 15 days' notice of the time and place, together with a brief description of the property sought to be rezoned, shall be published in a newspaper of general circulation in the county by the secretary of the respective planning commission before enacting any amendment to the zoning ordinance or resolution, including the maps, and when said public hearing is held, as required herein, by the planning commission, examiner, or hearing officer a public hearing by the governing autrority of the municipality or county wherein the property under considera tion is located shall not be necessary before amending the said zoning ordinance or resolution including the maps thereof by the governing authority of the municipality or county wherein the property affected is located. The recommendations of a municipal-county planning com mission shall be submitted by the secretary to the governing authority of the municipality when the property sought to be rezoned lies within the corporate limits thereof, or to the governing authority of the county when the property sought to be rezoned lies within the unincorporated area of the county.

Section 15. The governing authority of the municipality or the governing authority of the county may each create a board of zoning appeals or they may create a joint board of appeals.

The board of appeals shall consist of not less than three nor more than five members, appointed by the governing authority or authorities of the area served. The members shall serve for overlapping terms of not less than three nor more than five years or thereafter until their successors are appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of zoning appeals. None of the members shall hold any other public office or position in the municipality or county, except that one member may be also a member of the planning commission.

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The board of appeals shall elect one of its members as chairman, who shall serve for one year or until he is reelected or his successor is elected. The board of appeals shall appoint a secretary who may be an officer of the governing authority or of the planning commission. The board shall adopt rules in accordance with the provisions of any ordi nance or resolution adopted pursuant to this Act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chair man, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

Appeals to the board of appeals may be taken by any person ag grieved or by any officer, department, board, or bureau of the munici pality or county affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forth with transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certi fies to the board of appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

The board of appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

The board of appeals shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an adminis trative official in the enforcement of any ordinance or resolution adopted pursuant to this Act.

2. To hear and decide special exceptions to the terms of the ordi nance or resolution upon which such board is required to pass under such ordinance or resolution.

3. To authorize upon appeal in specific cases such variance from the terms of the ordinance or resolution as will not be contrary to the

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public interest, as set forth in the objectives of the comprehensive land use plan, where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance or resolution shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals that:

(a) there are extraordinary and exceptional conditions per taining to the particular piece of property in question because of its size, shape, or topography, and
(b) the application of the ordinance or resolution to this particular piece of property would create an unnecessary hardship, and
(c) such conditions are peculiar to the particular piece of property involved, and
(d) relief, if granted, would not cause substantial detriment, to the public good or impair the purposes and intent of the ordi nance or resolution: Provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the ordinance or resolution.
In exercising the above powers, the board of appeals may, in con formity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the officer from whom the the appeal is taken and may issue or direct the issuance of a permit.

Section 16. Any person or persons severally or jointly aggrieved by any decision of the board of zoning appeals may take an appeal to the superior court. Said appeal to the superior court shall be the same as an appeal to the superior court from any decision made by the court of ordinary and as specified in Code Chapter 6-2, except, however, that said appeal may be filed within 30 days from the date of the decision of the board of zoning appeals, and upon failure to file said appeal within 30 days the said decision of the board of zoning appeals shall be final: Provided, however, that on appeal, said case shall be heard by the judge of the superior court without a jury, unless one of the parties files a written demand for a jury trial within 30 days from the filing
of the appeal.

Section 17. The governing authority of the municipality or county may provide for the enforcement of any ordinance or resolution adopted pursuant to the provisions of this Act by means of the withholding of building permits and occupancy permits, and for such purpose may establish and fill the position of building inspector, individually or joint ly. From and after the establishment of such position and the filling of the same, it shall be unlawful to construct, reconstruct, or alter any building or other structure without first obtaining a building permit from such building inspector or to use such building or structure or any

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land without first obtaining an occupancy permit from such building inspector; and such building inspector shall not issue any permit unless the requirements of this- Act and of any ordinance or resolution adopted pursuant to it are complied with. A violation of any ordinance or resolu tion adopted pursuant to the provisions of this Act is hereby declared to be a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or ig proposed to be used in violation of any ordinance or resolution adopted pursuant to this Act, the build ing inspector, municipal or county attorney, or other appropriate au thority of the municipality or county or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, con struction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation; or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erec tion, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.

Section 18. Whenever the regulations made under authority of this Act require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are requied in or under any other statute, the regulations made under authority of this Chapter shall govern. Whenever the provisions of any other statute require more re strictive standards than are required by the regulations made under au thority of this Chapter, the provisions of such statute shall govern.

Section 19. The public health, safety, morals, and general welfare require the harmonious, orderly and progressive d*velopment of land within the cities and counties of the State. In furtherance of this pur pose, regulation of the subdivision of land by municipal and county governing authorities is authorized for the following purposes, among others:

1. to assure conformance to the objectives of the comprehensive land use plan and to foster the implementation by public and private actions of the comprehensive land use plan;

2. to encourage the development of economically sound and stable communities;
3. to assure the provision of required streets, utilities, and other facilities and services to new land developments;
4. to assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in new land de velopments;
5. to assure the provision of needed public open spaces and build ing sites in new land developments through the dedication or reservation of land for recreational, educational, and other public purposes; and

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6. to assure the conservation and orderly development of vital re source areas of State concern.

Section 20. From and after the time the municipal planning com mission, the county planning commission, or the municipal-county plan ning commission shall have prepared and adopted a comprehensive land use plan of such a comprehensive land use plan and shall have recom mended to the governing authority of the municipality or the governing authority of the county regulations for the subdivision of land within the municipality or county respectively, which regulations shall have been adopted by the governing autrority of the city or county, as pro vided in Section 18, then no plat of a subdivision within the municipality or within the unincorporated portion of the county shall be filed or recorded in the office of the clerk of the superior court of the county until it shall have been submitted to and approved by the planning com mission and such approval entered in writing on the plat by the secre tary of the planning commission. The clerk of the superior court shall not file or record a plat of a subdivision which does not have the ap proval of the planning commission as required by this Act. The filing or recording of a plat of a subdivision without the approval of the plan ning commission as required by this Act shall be a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 21. In exercising the powers granted to it by this Act, the municipal planning commission, the county planning commission, or the municipal-county planning commission shall prepare and recommend to the governing authority of the city or the governing authority of the county for adoption regulations governing the subdivision of land within the municipality or unincorporated portion of the county respectively. Such regulations may provide for the harmonious development of the municipality and the county; for the coordination of streets within subdivisions with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reserva tion of land for streets, school sites, and recreation areas and of ease ments for utilities and other public services and facilities; and for a distribution of population and traffic which will tend to create condi tions favorable to health, safety, convenience, prosperity, or general welfare in conformance with the objectives of the comprehensive land use plan and to foster the implementation of the comprehensive land use
plan.

Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced, and improved, and water, sewers, septic tanks, and other utility mains, piping, connec tions, or other facilities shall be installed as a condition precedent to the approval of the plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final ap proval of a plat, the governing authority of the municipality or the governing authority of the county may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality or county the actual construction and installation of such improvements and utilities within a period specified by the planning commission and expressed in the bond; and the municipality or county is hereby granted the power to enforce such bonds by all ap propriate legal and equitable remedies. The governing authority of the

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municipality and the governing authority of the county are hereby given the power to adopt and to amend such land subdivision regulations in conformance with the objectives of the comprehensive land use plan after a public hearing thereon, at least 15 days' notice of the time and place of which shall have been published in a newspaper of general circulation in the municipality or county.

Section 22. The municipal planning commission, the county plan ning commission, or the municipal-county planning commission is here by given the authority to give tentative approval or disapproval to pre liminary plats and to approve or disapprove final plats but in each case their action shall be taken within 30 days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the planning commission on demand: Provided, however, that the applicant for the planning commission's approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the planning commission. Any plat submitted to the planning commission shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the p anning commission without affording a hearing thereon, notice of the time and place of which shall be sent by registered or certified mail to said address not less than five days before the date fixed therefor.

Section 23. The approval of a plat by the municipal planning com mission, the county planning commission, or the municipal-county plan ning commission shall not be deemed to constitute or effect an accept ance by the municipality or the county or the public of the dedication of any street or other ground shown upon the plat.

Section 24. The owner or agent of the owner of any land to be subdivided within the municipality or county who transfers or sells or agrees to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the municipal planning commission, the county planning commission, or the municipal-county planning commission and recorded in the office of the clerk of the superior court in the county, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer shall not exempt the transaction from such penalties. The municipality or county, through its attorney or other official desig nated by the governing authority of the municipality or the governing authority of the county, may enjoin such transfer or sale or agreement by appropriate action.
Section 25. From and after the time when the platting jurisdiction of the municipal planning commission, the county planning commission, or the municipal-county planning commission shall have attached by virtue of the adoption by the planning commission of a major street plan and the adoption by the governing authority of the municipality or the governing authority of the county of a set of land subdivision regulations recommended to them by the planning commission, as pro vided in Section 17, the governing authority of the municipality or the

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governing authority of the county or other public authority shall not accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of any watermains, sewers, connections, or other facilities or utilities in any street within the municipality or county unless such street shall have been accepted or opened as, or shall other wise have received the legal status of, a public street prior to the said attachment of the planning commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or on a street plat made and adopted by said planning commission: Pro vided, however, that the governing authority of the municipality or the governing authority of the county may locate and construct or may accept any other street if the ordinance or resolution or other measure for such approval be first submitted to the planning commission for its review and comment; such street shall have the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission.

Section 26. From and after the time when the platting jurisdiction of the municipal planning commission, the county planning commission, or the municipal-county planning commission shall have attached by vir tue of adoption by the planning commission of a major street plan and the adoption by the governing authority of the municipality or the gov erning authority of the municipality or the governing authority of the county of a set of land subdivision regulations recommended to them by the planning commission as provided in Section 17, no building permit shall be issued for and on building or other structure shall be erected on any lot within the municipality or county unless the street giving access to the lot upon which said building is proposed to be placed shall be ac cepted or opened as, or shall have otherwise received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by said planning commission or on a street plat made and adopted by said planning commission or with a street located and accepted by the govern ing authority of the municipality or the governing authority of the county. Any building erected in violation of this Section shall be deemed
an unlawful structure, and the building inspector or municipal or county
attorney or other official designated by the governing authority of the
municipality or the governing authority of the county may bring ap
propriate action to enjoin such erection or cause it to be vacated or
removed.

Section 27. The governing authority of the municipality by ordi nance and the governing authority of the county by resolution may es tablish an official map of the municipality or the county, respectively, showing the location of the streets, public building sites, and public open spaces theretofore existing and established by law as public streets, public building sites or public open spaces. Such official map may also show the location of the boundary lines of streets, public building sites or public open spaces on plats of subdivisions which have been approved by the planning commission. The official map may include the whole

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or any part or parts of the municipality or county. In the event the official map thus established does not include the whole of the munici pality or county but only certain part or parts thereof, then the gov erning authority of the municipality or the governing authority of the county may add to the ofiicial map by placing thereon, from time to time, the boundary lines of streets, public building sites or public open spaces which at the date of the establishment of the official map existed and were established by law as public streets, pubuic building sites or public open spaces, or which appear on a plat which has been approved by the municipal planning commission, the county planning commission, or the municipal-county planning commission. The governing authority of the municipality or the governing authority of the county shall certify the fact of the establishment of the official map to the clerk of the superior court of the county.

Section 28. From and after the time when the municipal planning commission, the county planning commission, or the municipal-county planning commission, shall have prepared and the governing authority adopted a comprehensive land use plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys for the exact location of the lines of new, extended, widened, or narrowed streets in the whole or in any portion of the municipality or county and to make and certify to the governing authority of the municipality or to the governing authority of the county a plat or plats of the area thus surveyed on which are indicated the lines recommended by the planning commission as the mapped lines of future streets, street extensions, street widening, or street narrowings.

From and after the time when the planning commission shall have prepared and the governing authority adopted a comprehensive land use plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys of the exact location of the boundary lines of new, enlarged or diminished sites for public buildings or sites for parks, playgrounds, or other public open spaces in the whole or in any portion of the municipality or county and to make and certify to the governing authority of the municipality or to the governing author ity of the county a plat or plats of the areas thus surveyed on which are indicated the locations of the lines recommended by the planning commission as the mapped boundary lines of future public building sites or public park, playground, or other public open space areas or of exist ing sites or areas that are to be expanded or contracted.

The making or certifying of a plat by the planning commission shall not in and of itself constitute or be deemed to constitute the opening or or establishment of any street or public building site or public park, playground or other public open space or the taking or acceptance of any land for such purposes.
Section 29. From and after the time the municipal planning com mission, the county planning commission, or the municipal-county plan ning commission shall have made and certified to the governing author ity of the municipality or to the governing authority of the county a plat or plats on which are indicated the locations of the lines recom mended by the planning commission as the mapped boundary lines of future streets, street extensions or street widenings, street narrowings,

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public building sites, public park, playground or other public open space areas or of existing sites or areas that are to expanded or contracted, the governing authority of the municipality by ordinance or the govern ing authority of the county by resolution may make from time to time additions to or modifications of the official map by adding thereon the plats certified by the planning commission. Before taking such action, the governing authority of the municipality or the governing authority of the county shall hold a public hearing thereon, notice of the time and place of which shall be given not less than 15 days previous to the time fixed therefor by publication in a newspaper of general circulation in the municipality or county, and, insofar as their addresses appear in the municipal or county directory or on municipal or county records or are otherwise known to the municipal or county clerk, by registered or certified mail to the record owners of the lands on or abutting which the proposed public street, public building site, or public open space lines are located.

Section 30. For the purpose of preserving the integrity of the of ficial map, the governing authority of the municipality or the governing authority of the county may provide by ordinance or resolution respec tively that no permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street, public building site or public open space as shown on the official map. Any such ordinance or resolution shall provide that the zoning board of appeals, if the municipality or county has such a board, or, if not, a board of appeals created for the purpose in such ordinance or resolution, upon appeal by an owner or other person having an interest in any prop erty lying within the lines of such mapped streets, public building sites or public open spaces, from an adverse order on his application for a permit and wherein it shall appear from his sworn petition that the adoption of such official map has: (a) interferred with the free sale or disposition of such property, thereby resulting in a potential loss to him; or (b) deprived him of a use, otherwise consistent with the zoning laws, which he intended, bona fide, to make of his property; or (c) that, balancing the interests of the municipality or county in preserving the integrity of the official map and the interest of the owner in the use and benefits of his property, relief is required by considerations of jus tice and equity; then, the said board of appeals shall have the power in its discretion, alternatively or conjunctively, to grant relief as follows: (1) where such land is not in use, to grant the appellant tax relief, which relief, if accepted by the taxpayer, shall thereafter estop him and his successors in title for a period of five years as to any claims except for the fair value of his property upon its subsequently being taken; (2) where the relief sought involves the construction or enlargement of a building or structure or part thereof within any such mapped lines to grant a permit for it but, in so doing, it shall have the power to specify the exact location, ground area, height, materials of construction, and other details and conditions of extent, character, and duration of the building, structure, or part thereof to be permitted; (3) where the relief sought is freedom from interference with the free sale and disposition of such property, to order the governing authority, within not more than 100 days, to either (a) institute condemnation proceedings or negoti ations to acquire the property, or (b) permit the sale of the property free and clear of the restrictions imposed by reason of the adoption and recording of the mapped street, public building site or public open space herein referred to but subject, however, to any valid and applicable zon-

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ing regulations. Before taking any such action, the board of appeals shall hold a hearing thereon, at least 15 days' notice of the time and place of which shall be given to the appellant in his appeal petition.

Section 31. For purposes of this Act the term "street" or "streets" means, relates to, and includes streets, avenues, boulevards, roads, high ways, expressways, lanes, alleys, and other ways; "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; Provided, however, that the following are not included within this definition:

1. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the re sultant lots are equal to the standards of the municipality;

2. The division of land into parcels of five acres or more where no new street is involved.

In addition, a planning commission may also prepare and recom mend for adoption by the appropriate governing authority or authorities rules and regulations to exclude the following from the definition:

1. The division of land into parcels where no new street is involved and the resultant lots are equal to the standard of the municipality or county in which the division of land is being made.

Section 32. For the purposes of Sections 27, 28, 29 and 30, pertain ing to the platting and establishment of streets, public building sites and public open spaces, and regulation of buildings and structures there in, "streets," "public building sites" and "public open spaces" are hereby defined to include the right-of-way and facilities of or needed in con nection with a system of public transportation of passengers for hire.

Section 33. This Act shall become effective upon its adoption by the governing authority of a municipality or a county, as the case might be. Any municipality which, prior to January 31, 1946, had the power and authority under its charter as originally granted or amended to en gage in planning and zoning, as authorized by the Constitution of Geor gia, and any municipality or county which now has the power and au thority to engage in planning and zoning under the provisions of any law or under the provisions of the Constitution of Georgia, may continue to operate under such law--, for one year after the enactment of this Act and the adoption of a comprehensive plan. All powers and authority granted by this Act to municipal and county and joint municipal-county planning commissions and boards of appeals shall be cumulative. Such powers and authority shall be in addition to all other powers and au thority such planning commissions and boards of appeals now have or may later have under other laws.

Any county resolution or municipal ordinance legally enacted under

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the authority of any such statute or constitutional provision shall remain in force and effect after this Act becomes effective until the county or municipality has brought such resolution or ordinance into con formity with the provisions of this Act: Provided, however, that after this Act becomes effective in any municipality or county, such resolu tions and ordinances shall be administered under the provisions of this Act and any amendment to any such county resolution or municipal ordinance shall be made under the provisions of this Act.

Section 34. In all municipalities having a population of more than 300,000, according to the United States Census of 1950 or any future United States census, that declare this Act to be effective, the governing authorities of any such municipality may provide for any public hear ing required to be held by this Act by and before a committee of the said governing authority, and such hearing, when held, shall constitute the hearing required to be held by any provision of this Act.

Section 35. In all municipalities having a population of more than 300,000, according to the United States census of 1950 or any future United States census, that declare this Act to be effective, and in all counties having like population coming under any of the terms of this Act, all notices of public hearing required by this Act shall be given by publishing the required notices in the manner provided by this Act in the newspapers in which the sheriff's advertisements are carried in the county in which the real estate is located. When so published, such notices shall comply with all the requirements of this Act.

Section 36. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:
Mr. Horton of the 43rd moves to amend the Committee substitute to HB 319 as follows:
Page 4, Line 23 after the word "jurisdiction" add a period and strike the words "and the conservation, preservation and orderly development of vital resource areas of State concern."
Page 4, Line 32. After the word "subdivisions" add a period and strike the words "and the conservation, preservation and orderly de velopment of vital resource areas of state concern within its boundaries."
Mr. Horton of the 43rd moves to amend the Committee substitute to HB 319 as follows:
Page 7, Line 24. After the word "purposes" insert a semi-colon and strike the words "including vital resources areas of State concern within the political jurisdiction"
Page 10, Line 10. After the word "municipality" strike the words "or any vital resource area of State concern"

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2089

Page 10, Line 16. After the word "thereof" strike the words "or any vital resource area of state concern."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, J. H. Alexander, W. H. Alexander, W. M. Bailey Beckham Berlin Bond Brantley, H. H. Brown, S. P. Burruss Burton Busbee Carlisle Carrell Castleberry
Chance Clark Cole Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dent Dickey Dixon Dollar Duke

Edwards Egan Elliott Evans Farrar Floyd, L. R. Geisinger Grahl Groover Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Irvin, R. Johnson Jordan Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C. Matthews, D. R.

Those voting in the negative were Messrs.:

Alien Bennett Bray

Carr Collins, M. Colwell

McCracken McKinney Miles Moyer Mulherin Nix Northcutt Odom Patten, G. C. Pearce Petro Phillips, G. S. Pinkston Russell, J. Russell, W. D. Sams Shepherd Smith, V. B. Snow Stephens Sweat Thompson Tucker Vaughn Waddle Walker Wall Wilson, J. M.
Dean, N. Dorminy Foster

2090
Fraser Gignilliat Harden Harris, J. F. Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Jones Keyton

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King Lane, W. J. Larsen, W. W. Lowrey Mauldin Milford Murphy Oxford Patten, R. L. Phillips, L. L. Reaves

Ritchie Rogers Ross Rush Shanahan Toles Turner Twiggs Williams Willis

Those not voting were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Atherton Blackshear Bohannon Bostick Brantley, H. L. Brown, B. D. Brown, C. Buck Coleman Daugherty Dean, Gib Ellis Ezzard Floyd, J. H. Grantham

Greer Hamilton Harrington Harrison Howard Howell Knight Kreeger Lambert Lane, Dick Lewis McDaniell McDonald Morgan Mullinax Nessmith Patterson

Peters Rainey Roach Savage Smith, J. R. Strickland Thomason Townsend Triplett Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, M. L. Wood Mr. Speaker

Due to mechanical failure, the votes of Messrs. Berry of the 86th and Noble of the 48th were not recorded.

On the passage of the Bill, by substitute, as amended, the ayes were 85, nays 41.

The Bill, by substitute, as amended, having failed to reecive the requisite constitutional majority, was lost.

Mr. Horton of the 43rd 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 319, by substitute, as amended.

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2091

Mr. Knight of the 65th stated that he had been called from the floor of the House when the roll was called on the passage of HB 319, by substitute, as amended, but had he been present would have voted "aye".

HB 18. By Messrs. Floyd of the 5th, Busbee of the 114th, Harris of the 8th, Lane of the 76th, and others:
A Bill to be entitled an Act to provide that it shall be unlawful for the State, county, or other political subdivision to charge a tax or fee on persons traveling in air commerce, shelter on regularly scheduled com mercial airlines, chartered air flights, or in privately owned aircraft; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole

Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dent Dickey Dorminy Duke Edwards Egan Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Groover Harden Harris, J. F. Harris, J. R. Hays Hill, B. L. Hill, G. Horton, G. T.

Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford

2092
Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S.

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Phillips, L. L. Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow Sweat

Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Williams Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Coney Elliott Lee, W. S.

Marcus Noble Ritchie

Stephens

Those not voting were Messrs.:

Alien Bostick Brantley, H. L. Brown, S. P. Carrell Daugherty Dean, Gib Dean, J. E. Dean, N. Dixon Dollar Ellis Evans Ezzard

Gignilliat Greer Hamilton Harrington Harrison Hawes Howard Howell Jones Lewis Mason McCracken McDonald

Odom Pinkston Savage Smith, J. R. Strickland Thomason Townsend Triplett Wamble Wheeler, J. A. Whitmire Wood Mr. Speaker

On the passage of the Bill, the ayes were 133, nays 7.

The Bill, having received the requisite constitutional majority, was passed.

HB 708. By Mr. Atherton of the 19th:
A Bill to be entitled an Act to annually impose an annual motor vehicle registration fee; and for other purposes.

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2093

Mr. Davis of the 85th moved that HB 708 and all amendments thereto be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. H. Alien Beckham Berlin Berry Blackshear Bohannon Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Carlisle Carr Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dollar Dorminy Duke Elliott

Evans Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Groover Harden Harrington Harris, J. P. Harrison Hays Hill, B. L. Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Jones King Lane, Dick Lane, W. J. Larsen, W. W. Logan Mason Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer

Mulherin Murphy Nessmith Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Pinkston Rainey Roach Rogers Ross Rush
Sams Savage Shanahan Shepherd Smith, J.R. Smith, V. B. Stephens
Sweat Thompson Tucker Turner Twiggs Waddle Walker Wall Whitmire Williams Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, John Alexander, W. M. Atherton Bailey Bennett Bond Burruss

Castleberry Connell Dean, N. Dixon Edwards Egan Ellis

Farrar Geisinger Greer Hamilton Harris, J. R. Hawes Hill, G.

2094
Horton, G. T. Horton, W. L. Irvin, R. Johnson Jordan Knight Kreeger Larsen, G. K. Lee, W. J. (Bill)

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Lee, W. S. Lowrey Matthews, C. Noble Northcutt Petro Phillips, G. S. Phillips, L. L. Ritchie

Russell, J. Russell, W. D. Toles Townsend Vaughn Wheeler, Bobby Wheeler, J. A. Wood

Those not voting were Messrs.:

Adams, G. D. Bostick Brantley, H. H. Brown, B. D. Busbee Carrell Daugherty Ezzard Howard Howell

Keyton Lambert Levitas Lewis Marcus McCracken McKinney Mullinax Nix

Odom Reaves Snow Strickland Thomason Triplett Wamble Ware Mr. Speaker

On the motion, the ayes were 105, nays 47.

The motion prevailed and HB 708, and all amendments thereto, were placed upon the table.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 110. By Senator Holley of the 22nd:
A Resolution proposing an amendment to the Constitution so as to change the voting requirements relative to the consolidation of municipal and county governments within Richmond County.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

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2095

SB 66. By Senator Lester of the 23rd:
A Bill to amend the "Trial Judges and Solicitors Retirement Fund Act", as amended, so as to exclude judges of inferior courts of this State who are entitled to membership in a county pension or retirement fund.

SB 172. By Senator Cleland of the 55th:
A Bill to provide scholarships to veterans and certain members of the Armed Forces.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 126. By Senator Wasden of the 2nd:
A Resolution authorizing the State Properties Control Commission to grant an easement over a portion of the Savannah River located in Richmond County.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 32. By Senators Webb of the llth and London of the 50th:
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 Special Judiciary.

SR 109. By Senator Doss of the 52nd:
A Resolution amending a Resolution authorizing the lease of a certain tract of State-owned property, so as to change the provisions relative to such lease; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 241. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend the Criminal Court Act so as to authorize the clerk of said court to dispose of certain records; and for other purposes.
Referred to the Committee on Special Judiciary.

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SB 251. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 27-101.2 relating to rewards for arrest and conviction of drug sellers, so a& to increase the reward for furnishing- information leading to the arrest and conviction of a person who is charged with selling narcotic drugs under Code Sec tion 79A-803, as amended; and for other purposes.
Referred to the Committee on Judiciary.

SB 254. By Senators Parker oi the 31st and Duncan or the 30th:
A Bill to be entitled an Act to amend an Act providing that the State Board of Education shall prescribe and approve textbooks for a course in Federal and State government to be taught in high schools, so as to remove the provisions relating to the approval and recommendation of textbooks; and for other purposes.
Referred to the Committee on Education.

SB 301. By Senator Jackson of the 16th: A Bill to be entitled an Act to amend Code Section 13-2002, relating to qualifications of directors, so as to change the qualifications of directors; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 66. By Senator Lester of the 23rd: A Bill to be entitled an Act to amend the "Trial Judges' and Solicitors' Retirement Fund Act", so as to exclude judges of inferior courts of this State who are entitled to membership in a county pension or retirement fund; and for other purposes.
Referred to the Committee on Retirement.
SR 110. By Senator Holley of the 22nd: A Resolution proposing an amendment to the Constitution 8 ae to change the voting requirements relative to the consolidation of municipal and county governments within Richmond County; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 172. By Senator Cleland of the 55th: A Bill to be entitled an Act to provide scholarships to veterans and certain members of the Armed Forces; and for other purposes.
Referred to the Committee on University System of Georgia.

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2097

SR 126. By Senator Wasden of the 2nd:
A Resolution authorizing the State Properties Control Commission to grant an easement over a portion of the Savannah River located in Rich mond County j and for other purposes.
Referred to- the Committee on State Institutions & Property.

SB 327. 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 fees of the solicitor; and for other purposes.
Referred to the Committee On State Planning & Community Affairs--Local Legislation.

SB 341. By Senator Broun of the 46th: A Bill to be entitled ari Act to create a new Board of Commissioners of Clsrke County; to provide for Commissioner Districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
Mr. Adams of the 74th arose to a point of personal privilege and addressed the House.
The Speaker announced the House recessed until 1:45 o'clock, P.M.

AFTERNOON SESSION
The House was called to order by the Speaker.
The following Resolutions of the House were read and adopted:
HR 296. By Messrs. Smith of the 91st, Matthews of the 62nd, Lane of the 76th and many others: A RESOLUTION Urging and pledging support of the Atlanta Billy Graham Crusade; and for other purposes.

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WHEREAS, once again the City of Atlanta and the State of Geor gia will be privileged to become and be a part of a Billy Graham Cru sade which will be held in Atlanta on June 18-24, 1973; and

WHEREAS, Dr. Graham's Crusades, not only in the United States but over the entire world, have constituted some of the most outstand ing spiritual events in history, and such a most worthwhile endeavor will be of great benefit to all Georgians; and

WHEREAS, the sheer magnitude of producing such a Crusade calls upon the ability and efforts of more than 20,000 people from all walks of life; and

WHEREAS, this Crusade will be held at the Atlanta Stadium with crowds of over 50,000 expected to be in attendance for each meeting; and

WHEREAS, it behooves all of us in these times of world strife and turmoil to play whatever small part we might in an attempt to bring forth a spiritual uplifting of the human race.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby goes on record as urging all Atlantans and all Georgians to support the Atlanta Billy Graham Crusade which will be held in Atlanta on June 18 24, 1973, and the individual members of this body hereby pledge to do whatever part they might towards making a success of this outstanding under taking.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit an appropriate copy of this Resolution to Dr. Billy Graham.

By unanimous consent, HR 296 was ordered immediately transmitted to the Senate.

HR 297. By Messrs. Rush of the 104th, Phillips of the 103rd, Smith of the 91st and many others:
A RESOLUTION
Expressing regret at the passing of T. Malone Sharpe; and for other purposes.
WHEREAS, T. Malone Sharpe recently passed away at the age of 39; and
WHEREAS, Mr. Sharpe began his career as a page when his father was in the legislature; and

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WHEREAS, he served as an aide to Garland Byrd and Peter Zack Geer when each was the presiding officer of the Senate, and became the Chief of Staff for Governor Maddox's administration; and

WHEREAS, he held numerous governmental and civic offices, in cluding the office of President of the Georgia Junior Chamber of Com merce and the office of Mayor of Lyons, Georgia; and

WHEREAS, his ideals, his sense of fair play, his integrity, and his code of personal ethics were never tarnished and never questioned; and

WHEREAS, whenever his friends come in the halls of the Capitol, his memory stands out like a beacon in the night on a stormy sea, and the members of this Body will forever hold true his philosophy that government is by and for the people.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby join with all Georgians in expressing their deepest and most profound re grets at the passing of T. Malone Sharpe, and extend their heartfelt sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the members of the family of T. Malone Sharpe.

HR 298. By Messrs. Marcus of the 26th and Levitas of the 50th:
A RESOLUTION
Commending Mrs. Dorothy Alexander; and for other purposes.
WHEREAS, Mrs. Dorothy Alexander has been a dance teacher for 50 years and has taught dancing to almost 50,000 children in the State of Georgia; and
WHEREAS, she has taken the art of dance to all of the towns and hamlets in the State, bringing beauty and joy to the people who need it most; and
WHEREAS, Mrs. Alexander founded the Southeastern Ballet Asso ciation in 1956, which association has grown into what it is today, the National Association for Regional Ballet with headquarters in New York, and with 140 dance companies in 52 States; and
WHEREAS, she has received every important national award the world of dance has to offer, including the Dance Magazine Award and the National Association for Regional Ballet Award; and
WHEREAS, Mrs. Alexander had a dream not only for Georgia

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children to see, enjoy and appreciate dance, but for children all across the nation to have such an opportunity; and

WHEREAS, on March 16, the Atlanta Ballet will give a benefit in honor of Mrs. Alexander, and many of the leading stars of the dance world will attend; and

WHEREAS, it is only fitting and proper that this Body recognize Mrs. Alexander on her many accomplishments and outstanding- service to the people of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend and congratulate Mrs. Dorothy Alexander for her outstanding contributions to the world of dance and the people of Georgia, espe cially in affording our young people an opportunity to enjoy and appre ciate dance.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mrs. Dorothy Alexander.

HR 299. By Messrs. Marcus of the 26th and Levitas of the 50th:
A RESOLUTION
Designating the Atlanta Ballet as the State Ballet Company; and for other purposes.
WHEREAS, the Atlanta Ballet, founded in 1929, is the oldest con tinually performing dance company in the United States; and
WHEREAS, in 1956, under the guidance of Dorothy Alexander, who is the founder of the Atlanta Ballet, the first Regional Ballet Festi val was held in Atlanta; and
WHEREAS, the Atlanta Ballet has been named a Major Company by the National Association for Regional Ballet, in recognition of artis tic achievement, contribution to dance, and to the performing arts of the State and nation; and
WHEREAS, the Atlanta Ballet is the only regularly "touring" dance company in the State, and has performed in practically every city and town in Georgia; and
WHEREAS, the Atlanta Ballet has toured the nation from Maine to Texas, and from Florida to Alaska; and
WHEREAS, without any financial assistance from a government agency, the Atlanta Ballet has continuously presented educational pro-

TUESDAY, MARCH 6, 1973

2101

grams on dance in schools and for a wide rai out the State; and

vdc groups through

WHEREAS, on March 16, 1973, the Ai .a Ballet will receive a national tribute at a benefit performance, and the greatest names in the dance world will come to Atlanta to honor the dance company; and

WHEREAS, Georgians in all walks of life can take pride in the accomplishments and contributions made by the Atlanta Ballet.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the members of this Body do hereby commend the members of the Atlanta Ballet on their outstanding achievements and do hereby designate the Atlanta Ballet as the State Ballet Company.

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. Robert Barnett, Director of the Atlanta Ballet.

HR 300. By Mr. Toles of the 16th:
A RESOLUTION
Commending Honorable Gayle T. Godfrey, Mayor of Cave Springs, Georgia; and for other purposes.
WHEREAS, Honorable Gayle T. Godfrey, is presently serving his second term as the Mayor of Cave Springs, Georgia; and
WHEREAS, Mayor Godfrey served three terms as City Council man before being elected Mayor of the City; and
WHEREAS, under his leadership, both as Councilman and Mayor, the City of Cave Springs has made outstanding progress that has been of great benefit to the citizens of that community; and
WHEREAS, he was instrumental in establishing a new sewage treatment facility and water treatment plant for Cave Springs; and
WHEREAS, he is very active in the civic and religious life of his community and has contributed his time, talents and energy on behalf of the Cave Springs School for the Deaf; and
WHEREAS, he has taken every opportunity to improve the health and happiness of the citizens he serves.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable Gayle T. Godfrey, Mayor of Cave Springs, Georgia,

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JOURNAL OF THE HOUSE,

for his many outstanding accomplishments and for setting an excellent example of dedicated service to the citizens 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 Honorable Gayle T. Godfrey, Mayor of Cave Springs, Georgia.

HR 301. By Messrs. Burton of the 47th, Jordan of the 58th, Davis of the 56th and others:
A RESOLUTION
Commending Coach Wayman Creel; and for other purposes.
WHEREAS, Wayman Creel is the ultrasuccessful coach of the Lakeside High School "Vikings", the winner of the AAA State Cham pionship in 1970 and 1972; and
WHEREAS, prior to coming to Lakeside, he coached at Northside High School and ran up a fantastic won-loss-tie record of 145-41-11; and
WHEREAS, this native Georgian was elected to the Georiga Ath letic Hall of Fame in 1972, and has been named Georgia's high school "Coach of the Year" on four different occasions; and
WHEREAS, he is a member of several civic, religious and profes sional organizations; and
WHEREAS, he and his charming wife, Charlotte, are the dedicated parents of three fine children, Debbie, Robin and Chip; and
WHEREAS, such outstanding- achievements are only due to Coach Creel's dedication and hard work.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Coach Wayman Creel for his many achievements and service to 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 Coach Wayman Creel.

HR 302. By Messrs. Davis of the 56th, Collins of the 45th, Burton of the 47th and others:
A RESOLUTION
Commending Mrs. Lila Crawley Rahn; and for other purposes.
WHEREAS, Mrs. Lila Crawley Rahn has been chosen DeKalb County School System Teacher of the Year; and

TUESDAY, MARCH 6, 1973

2103

WHEREAS, she has had an outstanding career in education, having taught three years in Washington, North Carolina, 14 years in Fayetteville, North Carolina, 12 years in Savannah, Georgia, 8 years in Bainbridge, Georgia, and the last 6 years in DeKalb County; and

WHEREAS, her educational credentials include a B.S. Degree from Georgia State College for Women in Milledgeville and post-graduate work at the University of North Carolina; and

WHEREAS, she has been active in the teaching profession and civic affairs as President of the Fayetteville Music Club, President of the Cumberland County Teachers Association, President of Beta Sigma Phi in Savannah, President of the Savannah Jaycettes, President of Alpha Delta Kappa and active in PTA's, teachers associations and other civic associations; and

WHEREAS, she is active in her church, having developed music programs and served as Sunday School Teacher and Superintendent; and

WHEREAS, in DeKalb County, in addition to serving on serving on professional in-service committees and teaching in summer school, she has been representative to the Assembly of the DeKalb Association of Educators and served on the Executive Board of the organization;
and

WHEREAS, it is only fitting that Mrs. Lila Crawley Rahn be recog nized and commended for her outstanding accomplishments as a teach er and receiving the award of DeKalb County School System Teacher of the Year.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mrs. Lila Crawley Rahn, DeKalb County School System Teacher of the 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 Mrs. Lila Crawley Rahn.

HR 303. By Messrs. Miles of the 79th, Dent of the 78th, Mulherin of the 81st and others:
A RESOLUTION
Commending Nathan F. Widener, Sr.; and for other purposes.
WHEREAS, Nathan F. Widener, Sr. retired from the position of of Coroner of Richmond County at the end of 1972 after serving in that position since 1948; and

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JOURNAL OF THE HOUSE,

WHEREAS, as coroner, Mr. Widener became the sheriff on the death of four sheriffs, first in 1952 at the death of Sheriff Whittle; in in 1962 at the death of Sheriff Plunkett; in 1967 at the death of Sheriff Mutimer; and again in 1971 at the death of Sheriff Atkins; and

WHEREAS, he is past president of the Georgia Coroner's Associa tion, and a member of the Advisory Board of the National Coroner's Association; and

WHEREAS, he is an active member of the Hill Baptist Church; and

WHEREAS, he is a dedicated husband and father, having cele brated his fiftieth wedding anniversary with his wife, Wilhelmenia Smith Widener, in December 1972; and having raised three outstand ing children, and now having nine grandchildren and one great grandchild.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and express its deepest appreciation to Mr. Nathan F. Widener, Sr. for the out standing service he has rendered to his county and State during his term of office as Coroner of Richmond County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Nathan F. Widener, Sr.

HR 304. By Messrs. Davis, Floyd and Horton of the 56th:
A RESOLUTION
Commending the Churchill Downs Garden Club; and for other pur poses.
WHEREAS, the Churchill Downs Garden Club recently won the E.I.P. (Environmental Improvement) Award; and
WHEREAS, the Churchill Downs Garden Club is well-known as one of the most active garden clubs in this State; and
WHEREAS, the members of the Churchill Downs Garden Club have proved an inspiration to their community and State through their many outstanding contributions; and
WHEREAS, it is only fitting and proper that the Churchill Downs Garden Club and the members thereof be commended and congratulated for their outstanding achievements and long record of service to their community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

TUESDAY, MARCH 6, 1973

2105

REPRESENTATIVES that this Body does hereby commend and con gratulate the Churchill Downs Garden Club for winning the E.I.P. (En vironmental Improvement) Award and for its outstanding achieve ments and service.

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 Mrs. Ccil Denton, President of the Churchill Downs Garden Club, and to the Churchill Downs Garden Club.

HR 305. By Messrs. Davis, Horton and Floyd of the 56th:
A RESOLUTION
Commending the Columbia High School Wrestling Team; and for other purposes.
WHEREAS, the Columbia Hi?h School Wrestling Team has re cently won the State Class AAA Wrestling Title; and
WHEREAS said team scored 54% points in the State Champion ship; and
WHEREAS, the members of the team displayed amazing strength, skill and dedication; and
WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical condi tioning of the members of the team and to the outstanding coaching ability of Coach Mike Godlewski.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the grapplers from Columbia High School for winning the Class AAA Wrestling Title.
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 Columbia High School, to the coach of the Columbia High School Wrestling Team, and to the Columbia High School Wrestling Team.

HR 306. By Messrs. Davis, Horton and Floyd of the 56th:
A RESOLUTION
Commending the Southwest DeKalb High School Football Team; and for other purposes.
WHEREAS, the Southwest DeKalb High School Football Team has recently won the State Class AA Championship; and

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JOURNAL OF THE HOUSE,

WHEREAS, this outstanding team compiled a season record of 13 wins and 1 loss and a regular season record of 9 wins and 1 loss; and

WHEREAS, said team won more games than had ever been won before by a team from said high school, and won its first region, quarter-final, South Georgia and State Championships; and

WHEREAS, said team, trailing at the half 12 to 7, showed out standing courage in its come-from-behind victory in the State Cham pionship; and

WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical condi tion of the members of the team and to the outstanding coaching ability of Dewey Alverson.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Southwest DeKalb High School Football Team, the cur rent State Class AA Champions.

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 Southwest DeKalb High School, to the Southwest DeKalb High School Football Team, and to the coaches of the Southwest DeKalb High School Football Team.

HR 307. By Messrs. Burruss of the 21st, Smith of the 91st, Carr of the 90th and many others:
A RESOLUTION
Honoring former Representative Philip M. Chandler; and for other purposes.
WHEREAS, our former colleague, Honorable Philip M. Chandler of Milledgeville, Georgia, served continuously as a distinguished mem ber of the House of Representatives from 1959 until 1972; and
WHEREAS, much to the regret of his colleagues in the General Assembly, he decided not to seek reelection in 1972 because of his pressing business interests; and
WHEREAS, his outstanding ability and dedication as one of Georgia's most effective legislators was widely recognized by his col leagues in the General Assembly; and
WHEREAS, his several years of service as Chairman of the State Institutions and Property Committee were particularly distinguished by his leadership of that Committee and his expert consideration of the many difficult and controversial proposals that came before it; and

TUESDAY, MARCH 6, 1973

2107

WHEREAS, he sponsored and secured the enactment of many legislative proposals that have improved the operation of State Gov ernment and saved money for the taxpayers of Georgia; and

WHEREAS, his sound judgment, fairness and wise counsel will be sorely missed by his colleagues in the General Assembly who had the opportunity to serve with him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their highest respect, esteem and affection for Honorable Philip M. Chandler and wish him continued successs in all his future endeavors.

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 Philip M. Chandler.

HR 308. By Messrs. Colwell and Twiggs of the 4th:
A RESOLUTION
Commending Mr. and Mrs. Hugh Oliver; and for other purposes.
WHEREAS, Mr. and Mrs. Hugh Oliver of Towns County have made outstanding contributions to the betterment of Towns County and the surrounding areas of North Georgia; and
WHEREAS, purchasing property at the foot of Brasstown Bald in 1969, they have developed the area into one of the most outstanding residential and recreational complexes in the country, known as Bald Mountain Park; and
WHEREAS, Bald Mountain Park has received wide recognition as being an excellent example of planned community development; and
WHEREAS, the development of Bald Mountain Park has been a long-standing goal of Mr. and Mrs. Oliver, and the realization of the goal has been of great benefit to the citizens of North Georgia and will continue to be beneficial for many years in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Mr. and Mrs. Hugh Oliver for their outstanding achievement in developing Bald Mountain Park.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. and Mrs. Hugh Oliver.

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JOURNAL OF THE HOUSE,

HR 309. By Messrs. Geisinger of the 44th, Smith of the 91st, Matthews of the 122nd and others:

A RESOLUTION

Commending the personnel of the House Intern Program; and for other purposes.

WHEREAS, members of the General Assembly have been greatly helped by the service of the House Interns to their assigned committees; and

WHEREAS, members of the General Assembly, because of the help of the House Interns, have had more time to listen to the needs of the people; and

WHEREAS, the loyalty, enthusiasm, and outstanding services of the House Interns have significantly lightened the burdens of this body; and

WHEREAS, the House Interns have performed their duties with steadfast dedication and the highest degree of proficiency, ability, and competency during the 1973 Session of the General Assembly of Georgia; and

WHEREAS, the unceasing efforts of the House Interns have been greatly appreciated by the members of this body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby ex press their sincerest appreciation to Vicki Caples, Adam Evans, William Ferrell, Steve Hecker, Susan Heike, Ray Hollifield, Janet Jackson, Danny Mabry, Fred Manget, Janice Mays, Virginia Roddy, Mike Roper, Charles Smith, Malcolm Suber, Sharon Sullivan, John Terwilliger, Kathy Voelker, Bruce Walker, and Steve Wolfe.

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 person hereinabove named.

HR 310. By Mr. Jessup of the 102nd:
A RESOLUTION
Expressing regrets at the passing of Algie J. Jones; and for other purposes.
WHEREAS, the citizens of Bleckley County were recently sad dened by the untimely passing of Algie J. Jones, one of that county's most outstanding and distinguished citizens; and

TUESDAY, MARCH 6, 1973

2109

WHEREAS, Algie J. Jones had served for twelve years as a mem ber of the Board of Commissioners of Bleckley County; and

WHEREAS, during his tenure of office he brought to the govern ing authority of Bleckley County impeccable credentials of honesty and fair government; and

WHEREAS, the many contributions to the business, civic and re ligious life of his community will be sorely missed due to the untimely passing of Algie J. Jones.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and most heartfelt regrets at the passing of Algie J. Jones, one of this State's most distinguished and 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. Algie J. Jones.

HR 311. By Mr. Jessup of the 102nd:
A RESOLUTION
Commending Mr. and Mrs. James Pope Watson, Jr.; and for other purposes.
WHEREAS, Mr. and Mrs. Watson of Hawkinsville, Georgia, re cently celebrated their Golden Wedding Anniversary; and
WHEREAS, Mr. and Mrs. Watson have long been considered to be one of Hawkinsville's most renowned couple, being active in the busi ness, civic and religious life of their community; and
WHEREAS, it is only befitting and proper that this body recognize the fifty years of married bliss which this couple has attained upon the celebration of their Golden Wedding Anniversary.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its warmest and most heartfelt congratulations to Mr. and Mrs. James Pope Watson, Jr., upon the celebration of their Fiftieth Wedding Anniversary.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. and Mrs. James Pope Watson, Jr.

2110

JOURNAL OF THE HOUSE,

HR 312. By Mr. Berlin of the 89th:

A RESOLUTION

Commending certain members of the House of Representatives; and for other purposes.

WHEREAS, the Fourteenth Amendment to the United States Con stitution prohibits any State from denying "to any person within its jurisdiction the equal protection of the laws"; and

WHEREAS, Article I, Section II, Paragraph II of the State Con stitution provides:

"Protection to the people and property is the paramount duty of government, and shall be importial and complete"; and

WHEREAS, these two provisions in the two great documents which form the basis for democratic government in the State of Georgia have protected her people from discrimination and unfair treatment by government; and

WHEREAS, special legislation favoring one person over another is clearly contrary to these two basic guarantees; and

WHEREAS, certain members of the House of Representatives who have birthdays during the time the General Assembly is in session are favored by special legislation in the form of privileged resolutions commend them on their birthdays; and

WHEREAS, certain members of the House of Representatives whose birthdays do not come during the time the General Assembly is in session are discriminated against and treated unfairly; and

WHEREAS, it is only fitting and proper, and in fact required by the Constitution of the United States and the State of Georgia, that every member of the House of Representatives whose birthday does not come during the time when the General Assembly is in session, be commended.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate and commend all those members of the House of Representatives whose birthdays do not come during the time the General Assembly is in session, on their birthdays, whenever they may be.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appro priate copy of this resolution to such members whomever they may be.

TUESDAY, MARCH 6, 1973

2111

HR 313. By Messrs. Colwell and Twiggs of the 4th:

A RESOLUTION

Wishing Honorable Bonnell Akins a speedy recovery; and for other purposes.

WHEREAS, Honorable Bonnell Akins of Blairsville, Georgia, has been seriously ill; and

WHEREAS, he is a former member of the General Assembly, hav ing served with great honor and distinction as a member of the Senate and as a member of the House of Representatives; and

WHEREAS, he is one of the most outstanding citizens of his com munity and is held in the highest esteem and respect by all who know him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express their sincerest best wishes to Honorable Bonnell Akins and their hope that he has a speedy and complete recovery from his illness.

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 Bonnell Akins.

HR 314. By Messrs. Lewis of the 77th, Phillips of the 73rd and McCracken of the 77th:
A RESOLUTION
Expressing regrets at the passing of John F. Watson; and for other purposes.
WHEREAS, John F. Watson, a lifelong resident of McDuffie County, recently passed away; and
WHEREAS, Mr. Watson served with distinction for sixteen years as Ordinary of McDuffie County; and
WHEREAS, during his long and eventful life, John F. Watson was recognized as one of the outstanding contributors to the business, civic, religious and political life of his community; and
WHEREAS, the many outstanding accomplishments and contribu tions of this distinguished citizen will be missed by his untimely passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body express their deepest and most heartfelt regrets at the passing of John F. Watson.

2112

JOURNAL OF THE HOUSE,

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 Mr. John F. Watson.

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 579. By Messrs. Lee and Odom of the 114th:
A Bill to be entitled an Act to provide for the establishment of the Georgia Crime Information Center; and for other purposes.

The following Committee amendment was read and adopted:

The Judiciary Committee amends HB 579 as follows:
By adding on Page 11, line 24 after the word "and" and before the word "property" the word
"identifiable"
and
By adding on Page 13, line 3 after the word General the words "or his designee.";
and
By striking on Page 13, line 13 the word "Association" and inserting in lieu thereof the word "Council";
and
By striking en Page 13, line 15 the words "Georgia Association of District Attorneys" and inserting in lieu thereof the words "District Attorney's Association of Georgia";
and
By striking on Page 13, line 20 the words "Georgia Bar Associa tion" and inserting in lieu thereof the words "State Bar of Georgia";
and
By striking on Page 13, line 23 the word "officials" and inserting in

TUESDAY, MARCH 6, 1973

2113

lieu thereof the word "Commissioners". By striking on Page 15, line 17 the word "purged," and inserting in lieu thereof the word "expunged".

The following amendments were read and adopted:
Mr. Lee of the 114th moves to amend HB 579 by striking the sen tence beginning with the word "Upon on line 18, page 14 and ending with the word "applications" on line 22, page 14 and inserting in lieu thereof the following:
"Should such person or his attorney contest the accuracy of any portion of such records, it shall be mandatory upon the G. C. I. C. to make available to said person or his attorney a copy of the con tested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy." Mr. Coleman of the 102nd moves to amend HB 579 as follows:
On page 13, line 1, change the number "13" to "14" and between lines 27 and 28 add subsection "(J)" to read:
"The Executive Director of the State Crime Commission".
Mr. Lee of the 114th moves to amend HB 579 by deleting from line 15, page 5, the following three words:
"workhouse, jail, reformatory".
Mr. Lee of the 114th moves to amend HB 579 by:
1. Deleting Section 10 of the Bill in its entirety and replacing it with a new Section 10 to read as follows:
"Section 10. Specific repealer. The following laws and parts of laws are hereby repealed:
(a) The third full paragraph of Section 1 of Article III of an Act approved March 19, 1937 (Ga. L. 1937, pp. 322, 340), which relates to the receipt and transmission of crime news
(b) Section 1 of an Act approved March 24, 1966 (Ga. L. 1966, p. 733), which relates to the reports of local law enforcement agen cies to the Division of Investigation."
2. Adding a new section at the end of the Bill to be designated as Section 11 and to read as follows:
"Section 11. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed."

An amendment, offered by Mr. Alexander of the 38th, was read and lost.

2114

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carrell Castleberry Chance Coleman Collins, M. Colwell Coney Connell Davis, E. T. Dean, Gib Dean, N. Dent Dickey Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Geisinger

Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Ketyon King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles

Milford Morgan Moyer Mulherin Mullinax
Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Snow Strickland Sweat Thompson Toles Townsend Triplett Twiggs Vaughn Waddle Walker Wall Wamble

Ware Wheeler, Bobby Wheeler, J. A.

TUESDAY, MARCH 6, 1973

2115

Whitmire Williams Willis

Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Bond Brown, B. D. Buck Carlisle Carr Clark Cole Collins, S. Daugherty Davis, W.

Dean, J. E. Dixon Dollar Elliott Ezzard Poster Fraser Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L.

Howard Marcus McKinney Patten, R. L. Rush Smith, V. B. Stephens Thomason Tucker Turner Mr. Speaka:

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, as amended, the ayes were 144, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 697. By Messrs. Geisinger of the 44th and Wamble of the 120th:
A Bill to be entitled an Act to amend an Act so as to provide for the returns, collections, and distribution of intangible property tax; to re peal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed.

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, J. H. Adams, Marvin Atherton

Bailey Berlin Berry Brantley, H. H.

Brown, S. P. Burruss Burton Busbee

2116
Carlisle Carr Carrell Cole Coney Connell Davis, E. T. Dickey Egan Elliott Ellis Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grahl Greer Harris, J. R. Harrison Horton, W. L. Howell Hutchinson Irvin, R.

JOURNAL OF THE HOUSE,

Irwin, J. R. Johnson Keyton Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C. Matthews, D. R. McCracken Morgan Mullinax Noble North cutt Odoni Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Ritchie

Roach Rush Russell, J. Russell, W. D. Savage Shanahan Shepherd
Smith, J. R. Smith, V. B. Thompson Townsend Tucker Twiggs Vaughn Waddle Walker Wall Wamble Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, John Alexander, W. H. Bennett Blackshear Bohannon Bond Bray Brown, B. D. Brown, C. Castleberry Clark Coleman Dorminy Duke Edwards Evans

Foster Grantham Harden Harrington Harris, J. F. Hays Horton, G. T. Howard Hudson Jessup King Kreeger Lane, W. J. Larsen, W. W. Lewis Lowrey

Those not voting were Messrs.:

Alexander, W. M. Alien Beckham Bostick Brantley, H. L. Buck Chance

Collins, M. Collins, S. Colwell Daugherty Davis, W. Dean, Gib Dean, J. E.

Mauldin McDaniell Milford Murphy Nessmith Nix Oxford Patterson Peters Reaves Rogers Ross Snow Toles Turner
Dean, N. Dent Dixon Dollar Ezzard Floyd, J. H. Groover

Hamilton Hawes Hill, B. L. Hill, G. Irvin, J. Jones Jordan Knight Lambert
Larsen, G. K.

TUESDAY, MARCH 6, 1973

2117

McDonald McKinney Miles Moyer Mulherin Patten, G. C. Patten, R. L. Rainey Sams
Stephens

Strickland Sweat Thomason Triplett Ware Wheeler, Bobby Wheeler, J. A. Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 83, nays 47.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Geisinger of the 44th 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 697.
HB 193. By Messrs. Farrar of the 52nd and Buck of the 87th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to retirement 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Bennett Berlin Berry

Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee

Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell

2118
Coney Connell Daugherty Davis, E. T. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T.
Horton, W. L.
Hudson
Hutchinson
Irvin, J.
Irvin, R.
Jessup

JOURNAL OF THE HOUSE,

Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith
Nix
Northcutt
Odom
Oxford
Patten, G. C.
Patten, R. L.

Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble
Ware
Wheeler, J. A.
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those not voting were Messrs.:

Alexander, W. M. Beckham Bond Brown, B. D. Buck Davis, W. Dean, Gib Dean, J. E.

Ellis Floyd, J. H. Hill, B. L. Hill, G. Howard Howell Irwin, J. R. Stephens

Strickland Thomason Townsend Wheeler, Bobby Whitmire Williams Mr. Speaker

TUESDAY, MARCH 6, 1973

2119

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, the ayes were 156, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Buck of the 87th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 193 but had he been present would have voted "aye".
HB 442. By Messrs. Jones of the 109th, Alien of the 108th, Chance of the 112th and others:
A Bill to be entitled an Act to provide that the governing authority of each county and the board of education of each school system shall be authorized to provide liability insurance to the members of such 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, G. Brown, S. P.

Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T.

Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Parrar Ployd, J. H. Ployd, L. R. Poster Fraser Geisinger

2120
Gigmilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. P. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston

Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. J. R. Irwin.

Those not voting were Messrs.:

Alexander, W. M. Beckham Bond Brown, B. D. Davis, W. Dean, J. E. Ezzard Groover

Hawes Hill, B. L.
McCracken McKinney Nessmith Odom
Sams Savage

Stephens Strickland Thomason Townsend Whitmire Williams Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 6, 1973

2121

HB 566. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend Code Chapter 34-6, relating to the registration of electors, so as to provide for registration of electors by mail; to provide for the form of registration cards for use by applicants for registration by mail; and for other purposes.

Mr. Eg-an of the 25th moved that HB 566 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alien Beckham Berry Bostick Brantley, H. H. Brantley, H. L. Bray Buck Burton Castleberry Chance Collins, M. Colwell Davis, E. T. Dean, Gib Dickey Dorminy Duke Edwards Egan Elliott Ellis Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat

Grahl Grantham Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, R. Irwin, J. R. Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Logan Mason Matthews, D. R. Mauldin McDaniell Miles Milford Moyer Murphy Nessmith Nix Noble

Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Roach Rush Russell, W. D. Sams Smith, J. R. Smith, V. B. Snow Thompson Toles Townsend Tucker Twiggs Waddle Walker Ware Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Bailey

Bennett Berlin Blackshear

Bohannon Bond Brown, B. D.

2122
Busbee Carlisle Clark Cole Coleman Collins, S. Coney Connell Daugherty Dean, N. Dent Dixon Dollar Foster

JOURNAL OF THE HOUSE,

Greer Hamilton Harden Hill, B. L. Horton, G. T. Jessup Johnson Keyton King Larsen, W. W. Lee, W. J. (Bill) Levitas Marcus McKinney

Mulherin Northcutt Pinkston Reaves Ritchie Rogers Ross Russell, J. Savage Shanahan Stephens Sweat Turner Wall

Those not voting were Messrs.:

Atherton Brown, C. Brown, S. P. Burruss Carr Carrell Davis, W. Dean, J. E. Evans Ezzard Farrar Groover Hawes

Howell Irvin, J. Jones Jordan Knight Larsen, G. K. Lewis Lowrey Matthews, C. McCracken McDonald Morgan

Mullinax Patten, R. L. Petro Shepherd Strickland Thomason Triplet* Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 92, nays 51.

The motion prevailed and HB 566 was placed upon the table.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 274. By Messrs. Lowrey of the 15th, Toles of the 16th and Adams of the 14th:
A Bill to be entitled an Act to amend an Act authorizing counties to establish and maintain law libraries, so as to provide for the imposition and collection of costs in civil or criminal cases filed in the Courts of Ordinary for the purpose of establishing and maintaining law libraries; and for other purposes.

The following Senate amendment was read:

TUESDAY, MARCH 6, 1973

2123

The Senate Committee on Judiciary offers the following amendment:

Amend HB 274 by inserting after the word "and" on page 2, line 23, the following:

"traffic cases tried"

Mr. Lowrey of the 15th moved that the House agree to the Senate amendment to HB 274.
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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Carrell Castleberry Chance Clark Coleman Collins, M. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dent

Dickey Dixon Dorminy Duke Edwards Ellis Evans Farrar Floyd, J. H. Floyd, L. E. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Johnson Jessup Jones Jordan Keyton King

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith
Nix Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves

2124
Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B.

JOURNAL OF THE HOUSE,

Snow Stephens Sweat Thompson Toles Townsend Triplett
Turner Twiggs Vaughn Waddle

Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Bostick Buck Busbee Carlisle Carr Cole Collins, S. Daugherty Dean, J. E. Dean, N. Dollar Egan

Elliott Ezzard Geisinger Hawes Hill, G. Horton, W. L. Howard Irvin, J. Knight Logan Marcus

McKinney Murphy Northcutt Patten, R. L. Rainey Rush Strickland Thomason Tucker Wheeler, Bobby Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the motion, the ayes were 145, nays 0.

The motion prevailed and the Senate amendment to HB 274 was agreed to.

The following Bill to the House was taken up for the purpose of considering the Senate amendment thereto:

HB 278. By Mr. Murphy of the 18th:
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 local boards of education shall tender a new contract for the ensuing school year to every teacher on the payroll at the school year or notify the teacher they are not going to rehire him; and for other purposes.

TUESDAY, MARCH 6, 1973

2125

The following Senate amendment was read:

Senator Smalley of the 28th offers the following amendment:
Amend HB 278 by striking from the last sentence of Section 1 the words:
"and shall state the reasons why the teachers is not being rehired";
and,
By putting a period after the word "writing" on page 1, line 26.

The following House amendment to the Senate amendment was read and adopted:

Mr. Murphy of the 18th moves to amend the Senate amendment to HB 278 by adding at the end of said amendment the following:
By adding after said period on page 1, line 26, the following:
"Upon demand of the teacher, the local board shall advise the teacher within 10 days in writing as to the cause or reason said teacher was not offered a contract.".

Mr. Murphy of the 18th move that the House agree to the Senate amendment, as amended by the House.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin

Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss

Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S.

2126
Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G.
Horton, G. T.
Howell
Hudson
Hutchinson
Irvin, J.

JOURNAL OF THE HOUSE,

Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Nix Noble
Northcutt
Odom
Oxford
Patten, G. C.
Patterson

Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Townsend Triplett Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those not voting were Messrs.:

Beckham Berry Buck Carr Colwell Coney Daugherty Dean, J. E. Ezzard

Floyd, J. H. Harris, J. F. Horton, W. L. Howard Knight Lambert McDaniell McKinney Morgan

Patten, R. L. Rainey Rush Stephens Strickland Thomason Tucker Ware Mr. Speaker

TUESDAY, MARCH 6, 1973

2127

Due to mechanical failure, the vote of Mr. Shepherd of the 28th did not record.

On the motion, the ayes were 152, nays 0.

The motion prevailed and the House agreed to the Senate amendment, as amended by the House, to HB 278.
The following Bill to the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 3. By Mr. Davis of the 85th:
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.

Mr. Davis of the 85th moved that the House insist on its position in disagree ing to the Senate amendments to HB 3 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. Davis of the 85th, Brown of the 89th and Williams of the 9th.
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 162. By Messrs. Dean of the 17th, Matthews of the 122nd, Nessmith of the 76th and others:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for minimum retirement benefits for certain members who have previously retired; and for other purposes.

2128

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for minimum retirement benefits for cer tain members who have previously retired; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (2) of Section 5 a new para graph (e) to read as follows:

"(e) In the case of the retirement of any member prior to July 1, 1970, the allowance to be received by such members shall not be less than $9.00 per month for each year of service not to exceed forty (40) years of service."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Blackshear Bohannon Bond

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Carlisle Carr Castleberry Chance Clark Cole Coleman

Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan

Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Poster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hil, B. L. Horton, G. T. Howell Hudson Hutchinson Irvin, R. Jessup Johnson Jones Jordan Keyton King Kreeger Lambert

TUESDAY, MARCH 6, 1973

2129

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix Noble Odom Patten, G. C. Paten, R. L. Patterson Peters Petro Phillips, G. S.

Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Townsend.

Those not voting were Messrs.:

Berry Bostick Brown, S. P. Busbee Carrell Collins, S. Davis, W. Dean, J. E. Dickey Ezzard Farrar

Geisinger Hill, G. Horton, W. L. Howard Irvin, J. Irwin, J. R. Knight Lewis McDonald Mullinax Northcutt

Oxford Pearce Russell, W. D. Sams Stephens Strickland Thomason Thompson Wamble Ware Mr. Speaker

2130

JOURNAL OF THE HOUSE,

Due to mechanical failure, the vote of Mr. Vaughn of the 57th did not record.

On the passage of the Bill, by substitute, the ayes were 145, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. McDonald of the 12th wished to be recorded as voting "aye" on the pas sage of HB 162, by substitute.

Mr. Farrar of the 52nd stated that he had been called from the floor of the House when the roll was called on the passage of HB 162, by substitute, but had he been present would have voted "aye".
Messrs. Busbee of the 114th and Farrar of the 52nd stated that they had been called from the floor to the House when the roll call was ordered on the passage of HB 162, by substitute, but had they been present would have each voted "aye".
HB 432. By Mr. Wheeler of the 127th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize local units of administration to accrue capital outlay funds from year to year in accordance with capital facility plans approved by the Board of Edu cation; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3) as amended, so as to authorize local units of ad ministration to accrue State capital outlay funds from year to year, up to a certain maximum, in accordance with capital facility plans approved by the State Board of Education; to provide for certain requirements of such plans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by adding at the end of the last para graph of Section 24 the following:

TUESDAY, MARCH 6, 1973

2131

"The provisions of any other law to the contrary notwithstand ing, each local unit of administration is hereby authorized to accrue State capital outlay funds from year to year, up to a maximum of 10 years, in order to effectuate the purposes of the capital facilities plan of each local unit of administration which has been approved by the State Board of Education and which includes an assessment of needs related to the modernization, renovation or replacement of inadequate capital facilities."

So that when so amended the first Paragraph of Section 24 of said Act shall read as follows:

"Capital outlay needs of local units of administration shall here after be determined by the State Board of Education on the basis of school system surveys, growth and development patterns within local units of administration, school plant surveys, and such other criteria as the State Board may, from time to time and in its discretion, prescribe and require to be established on a current and long-range basis indicating present and anticipated future capital outlay needs of the several local units of administration. State capital outlay funds hereafter available for construction of capital facilities in or for the use of local units of administration shall be allotted to local units by the State Board on the basis of the respective current and long-range capital outlay needs of the several local units. The State Board shall, in determining the amount of State capital outlay funds to be allotted to or on behalf of a local unit of administration, con sider the financial ability of the local unit to furnish local capital outlay funds from any existing unused bonding capacity of the local unit and the willingness of the local unit to provide such local match ing capital outlay funds. The State Board is authorized to enter into contracts with local units of administration for allotment of State capital outlay funds, and for utilization of local capital outlay funds, in making provision for construction of capital facilities needed by the local unit. The provisions of any other law to the contrary not withstanding, each local unit of administration is hereby authorized to accrue State capital outlay funds from year to year, up to a maximum of 10 years, in order to effectuate the purposes of the capital facilities plan of each local unit of administration which has been approved by the State Board of Education and which includes an assessment of needs related to the modernization renovation or replacement of inadequate capital facilities."

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:

2132

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 Bailey Beckham Bennett Berlin Berry Blackshear Bostick Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castlebrry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ellis
Farrar
Floyd, J. H.
Floyd, L. R.

Fraser Geisinger Gignilliat Grahl Grantham Greer Grooevr Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McCracken
McDaniell
McKinney
Miles
Milford
Morgan

Moyer Mulherin Murphy Nessmith Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Shephens Sweat Thompson
Toles
Townsend
Triplett
Tucker
Turner
Twiggs
Waddle
Walker
Wall
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, M. L.
Wood

TUESDAY, MARCH 6, 1973

2133

Those voting in the negative were Messrs.:

Bohannon Dean, Gib

Foster

Wilson, J. M.

Those not voting were Messrs.:

Adams, J. H. Bond Brown, B. D. Brown, C. Carrell Collins, S. Evans Ezzard

Hawes Hill, B. L. Horton, W. L. Howard Howell McDonald Mullinax

Nix Roach Strickland Thomason Wamble Ware Mr. Speaker

Due to mechanical failure, the vote of Mr. Vaughn of the 57th did not record.

On the passage of the Bill, by substitute, the ayes were 153, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substtiute.

HB 800. By Messrs. Coney, Berlin, Brown and Dickey of the 89th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to increase the interest rate for computing the minimum reserves for life insurance and annuity contracts; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien

Atherton Bailey Beckham Bennett Berlin Berry

Blackshear Bohannon Bond Bostick Brantley, H. H. Bray

2134
Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison

JOURNAL OF THE HOUSE,

Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Murphy Nix Northcutt Odom

Oxford Patten, G. C. Patterson Pearce Peters Petro
Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Brantley, H. L. Brown, B. D. Brown, C.
Collins, M.
Davis, W.
Dean, J. E.
Dickey

Ellis Ezzard Fraser Gignilliat
Groover
Hamilton
Hawes
Hill, B. L.

Keyton Lambert Lane, W. J. Lewis
McCracken
Mullinax
Nessmith
Patten, R. L.

Roach Stephens Strickland

TUESDAY, MARCH 6, 1973

2135

Thomason Wamble Ware

Wheeler, Bobby Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 389. By Messrs. Brown, Dickey, Berlin, Coney and Evans of the 89th and others:
A Bill to be entitled an Act to provide that the salary of the District Attorney of the Macon Judicial Circuit shall be supplemented by pay ments to be made from the treasuries of Bibb, Peach, and Crawford Counties; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit and the salary of the district attorney of the Macon Judicial Circuit shall be supplemented by the counties comprising said circuit; to fix the amount of such supple mental salaries; to provide the method and manner in which such supple mental compensation is to be paid; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. (a) The salary of each judge of the superior courts of the Macon Judicial Circuit shall be supplemented by payments out of the treasuries of Bibb County, Peach County and Crawford County in the following amounts:
(1) Out of the treasury of Bibb County, the salary of each of said judges shall be supplemented in the amount of $5,000 per annum.
(2) Out of the treasury of Peach County, the salary of each of said judges shall be supplemented in the amount of $500 per annum.

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JOURNAL OF THE HOUSE,

(3) Out of the treasury of Crawford County, the salary of each of said judges shall be supplemented in the amount of $300 per annum.

(b) The supplemental payments provided for in subsection (a) shall be paid monthly by the governing authorities of the respective counties or other authorities having control of expenditures of county funds.

Section 2. (a) The salary of the district attorney of the Macon Judicial Circuit shall be supplemented by payments out of the treasuries of Bibb County, Peach County and Crawford County in the following: amounts:

(1) Out of the treasury of Bibb County, the salary of said dis trict attorney shall be supplemented in the amount of $4,000 per annum.

(2) Out of the treasury of Peach County, the salary of the dis trict attorney shall be supplemented in the amount of $1,200 per annum.

(3) Out of the treasury of Crawford County, the salary of the district attorney shall be supplemented in the amount of $600 per annum.

(b) The supplemental payments provided for in subsection (a) shall be paid monthly by the governing authorities of the respective counties or other authorities having control of expenditures of county funds.

Section 3. If any Section or portion of this Act is declared uncon stitutional, the remaining Sections or portions hereof shall not be af fected and the remaining provisions of this Act shall not be invalidated but shall remain of full force and effect.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA
CRAWFORD COUNTY
Notice is hereby given of the application to the General Assembly of Georgia, 1973 Session for the passage of a bill, entitled to wit:
An Act to provide that the salary of each of the Judges of the Su perior Courts of the Macon Judicial Circuit shall be supplemented by

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payment to be made from the treasury of Bibb, Peach, and Crawford Counties, Georgia;

To fix the amount of such supplemental salary;

To provide the method and manner in which the same is to be paid; and for other purposes.

Daniel K. Grahl, Representative Crawford County, Georgia

GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Evans who, on oath, deposes and says that he is Representative from the 89th District, and that the at tached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following dates: January 4, 11, 18, 1973.
/s/ Billy L. Evans Billy Evans Representative, 89th District

Sworn to and subscribed before me, this 16th day of February, 1973.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976.

GEORGIA
PEACH COUNTY
Notice is hereby given of the application to the General Assembly of Georgia, 1973 Session, for the passage of a bill, entitled to-wit:
An Act to provide that the salary of each of the judges of the Su perior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes.
Daniel K. Grahl,

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GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly au thorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 88th District, and that the at tached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following dates: January 4, 11, 18, 1973.
/s/ Daniel K. Grahl Daniel K. Grahl Representative, 88th District
Sworn to and subscribed before me, this 15th day of February, 1973.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976.

NOTICE
GEORGIA, BIBB COUNTY:
Notice is hereby given of the application to the General Assembly of Georgia, 1973 Session, for the passage of a bill entitled, to-wit: An act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the Treasuries of Bibb, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes.
This 30th day of December, 1972.
Billy L. Evans Representative District 89, Post 3
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly au thorized to administer oaths, Billy Evans who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 30, 1972 and January 6, 13, 1973.
/s/ Billy L. Evans Billy Evans Representative, 89th District
Sworn to and subscribed before me, this 16th day of February, 1973.
/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976.

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2139

The following House amendment to the Senate substitute was read and adopted:

Messrs. Evans, Brown, Coney and Berlin of the 89th, Grahl of the 88th and Waddle of the 78th move to amend the Senate substitute to HB 389 as follows:

On line 21, page 1, substituting the figure $137.50 for the figure $500.00.

On line 24, page 1, substituting the figure $87.50 for the figure $300.00.

On line 8, page 2, substituting the figure $3425. for the figure $4000.

Mr. Evans of the 89th moved that the House agree to the Senate substitute, as amended, by the House.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute, as amended by the House, to HB 389 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 37. By Mr. Berlin of the 89th:
A Bill to be entitled an Act to amend an Act known as "The Georgia Criminal Justice Act", so as to clarify the criminal proceedings in which indigent persons shall be afforded representation; and for other purposes.

The following amendment was read:
Mr. Murphy of the 18th moves to amend HB 37 by striking from page 2, line 3 all of the first paragraph after the word "plan." and all of paragraph 2 being lines 6 through 13 and renumbering the remaining paragraphs accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H.
Adams, John Adams, Marvin
Alien Bailey Bennett
Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Buck Burton Busbee Castleberry Chance Cole Coleman Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dollar Dorminy Duke Edwards Ezzard Farrar Floyd, J. H.

Floyd, L. R. Foster Grahl Grantham Harden Harrington Harris, J. F. Hawes Hays Hill, G. Hudson Irvin, R. Irwin, J. R. Jessup Johnson Keyton King Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lowrey Matthews, D. R. Mauldin McCracken McDaniell McDonald Milford Mullinax
Murphy Nessmith Nix

Northcutt Odom Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Sams Shanahan Smith, V. B. Snow Thompson Triplett Turner Waddle Walker Wall Ware Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Alexander, W. H. Atherton Berlin Blackshear Bond Brown, C. Carlisle Clark Coney Daugherty

Dixon Elliott Evans Hamilton Harris, J. R. Harrison Hill, B. L. Horton, G. T. Horton, W. L. Hutchinson

Jordan Kreeger Levitas Marcus McKinney Russell, J. Russell, W. D. Shepherd Sweat

Those not voting were Messrs.:

Alexander, W. M. Beckham Brown, B. D.

Brown, S. P. Burruss Carr

Carrell Collins, M. Collins, S.

Colwell Dean, J. E. Dent Dickey Egan Ellis
Fraser Geisinger Gignilliat Greer Groover Howard Howell Irvin, J. Jones
Knight

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2141

Lambert Lane, W. J. Larsen, G. K. Lewis Logan Mason
Matthews, C. Miles Morgan Moyer Mulherin Oxford Patten, R. L. Petro Pinkston

Rush Savage Smith, J. R. Stephens Strickland Thomason
Toles Townsend Tucker Twiggs Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the adoption of the amendment the ayes were 95, nays 29.

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, J. H. Alexander, W. H. Alien Atherton Berlin Blackshear Brown, C. Buck Burruss Busbee Chance Clark Coney Connell
Daugherty

Davis, W. Dean, N. Dickey Dollar Egan Elliott Evans Ezzard Farrar Floyd, L. R. Fraser Geisinger Grahl Hamilton
Harrington

Harris, J. E. Hill, B. L. Horton, G. T. Horton, W. L. Irvin, J. Irwin, J. R. Jordan King Larsen, G. K. Levitas Marcus Matthews, C. McCracken McKinney
Morgan

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Murphy Patterson Pearce Phillips, G. S. Roach

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Rogers Russell, J. Russell, W. D. Savage Shepherd

Thompson Townsend Vaughn Waddle Walker

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Bailey Beckham Bennett Bohannon Brantley, H. H. Brantley, H. L. Bray Burton Carlisle Castleberry Cole Coleman Collins, M. Collins, S. Davis, E. T. Dent Dixon Dorminy Duke Edwards Floyd, J. H. Foster Grantham Harden Harris, J. F.

Harrison Hays Hill, G. Hudson Hutchinson Irvin, R. Johnson Keyton Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Mason Mauldin McDaniell McDonald Miles Milford Mulherin Mullinax Nix Northcutt

Odom Patten, G. C. Peters Phillips, L. L. Rainey Reaves Ritchie Ross Rush Sams Shanahan Smith, V. B. Snow Sweat Triplett Tucker Turner Twiggs Wall Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, John Alexander, W. M. Berry Bond Bostick Brown, B. D. Brown, S. P.
Carr
Carrell
Colwell
Dean, Gib
Dean, J. E.
Ellis
Gignilliat

Greer Groover Hawes Howard Howell Jessup Jones
Knight
Lane, W. J.
Logan
Matthews, D. E.
Moyer
Nessmith

Oxford Patten, R. L. Petro Pinkston Smith, J. R. Stephens Strickland
Thomason
Toles
Wamble
Ware
Wheeler, J. A.
Mr. Speaker

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2143

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, as amended, the ayes were 60, nays 79.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Dean of the 60th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 37, as amended, but had he been present would have voted "nay".

Mr. Berlin of the 89th 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 37, as amended.

HB 533. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to regulate private employment agencies; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to regulate private employment agencies; to provide a short title; to declare the purpose of said Act; to provide definitions; to provide for licensing, bonding and license fees; to pro vide certain duties and requirements of private employment agencies; to prohibit certain conduct of said agencies and employment applicants; to provide for an Employment Agency Advisory Board, its powers, duties and administration; to provide for the administration of this Act by the Commissioner of Labor; to provide procedures for complaints against said agencies; to provide contract provisions; to provide fee provisions; to provide for registration fees; to provide exceptions; to provide that the Georgia Administrative Procedure Act shall apply to this Act; to provide penalties; to repeal a specific Act; to repeal con flicting laws; and lor other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short Title. This Act shall be known and may be cited as the "Private Employment Agencies Act."
Section 2. Declaration of Purpose. The Private Employment Agen-

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cies Act is enacted for the purpose of safeguarding the public by pro viding for state administrative control, supervision and regulation of the private employment agency industry. The private employment agency industry is hereby declared to be affected with the public interest, and this Act shall be liberally construed so as to accomplish the foregoing purpose.

Section 3. Definitions. In this Act the following terms shall have the respective meanings listed in this Section unless the context clearly requires a different meaning:

(a) "Commissioner" means the Commissioner of Labor.

(b) "Board" means the Employment Agency Advisory Board.

(c) "Employment agent" or "employment agency" shall mean any person who, for a fee charged or could be charged to an applicant, (1) promotes, procures, offers or attempts to promote or to procure em ployees for persons seeking the services of employees or employment for persons seeking employment, or (2) who, for a fee charged or could be charged to an applicant, in seeking to perform any of the foregoing, gives informaiton by any means as to where employees or employment may be obtained. This definition of "employment agent" or "employment agency" shall not include consultants who do not charge fees to applicants and who are paid for rendering services by employers only.

(d) "Employer" shall mean any person employing or seeking to employ any person for hire.

(e) "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or an employee of the foregoing.

(f) "Applicant" means anyone performing or seeking to perform work, service or labor of any kind and, who had, for this purpose, visited or contacted an employment agency.

(g) "Placement counsellor" shall be one who engages in or super vises in the activity of placing applicants in positions of employment.

(h) "Director" shall mean the individual in the Labor Department appointed by the Commissioner to render general supervision of the em ployment agencies.

(i) "Fees" shall mean anything of value including any money or valuable consideration extracted, charged, collected or received, directly or indirectly, or paid or promised to be paid for any service or act de scribed or enumerated in subsection (c) hereof.

(j) "Agency manager" shall mean the individual who is responsible for all operations of the agency, including the determination and billing of placement fees and the granting and payment of refunds.

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(k) "License applicant" shall mean the individual, partner, officer or stockholder of a corporation, required to make application for a license.

Section 4. Licenses, (a) No person shall engage in the employment agency business in this State unless he has first procured a license as provided herein. A license shall be required for each agency operated. No license shall be valid for any person other than the person to whom it is issued. Every license shall contain the name of the person licensed, the address of the place where the agency is authorized to conduct busi ness, and the number and date of the license.

(b) An application for a license shall be made to the Commissioner of Labor. If the agency is owned by an individual the application shall be made by him. If it is owned by a partnership the application shall be made by all of the partners. If it is owned by a corporation, associa tion or society, the application shall be made by the president, secretary and/or treasurer. Any person owning 20% or more of the stock thereof must be disclosed on the application for a license.

(c) Every license applicant for his initial license shall be finger printed by a satisfactory state or county agency.

(d) Each application shall be written on such form as may be pre scribed by the Commissioner and shall state the following:

(1) the name and address of each license applicant;

(2) the name under which the agency is to be conducted;

(3) the address of the building or place where the business is to be conducted;

(4) the business or occupations engaged in by the license appli cant previously;

(5) whether the license applicant has previously held or ap plied for an employment agency license anywhere within the United States, its possessions or territories;

(6) whether said license was granted or denied;

(7) the name and address of the agency manager.

(e) Every application for a license shall be accompanied by a surety bond. The initial bond deposited with the Commissioner shall be in the sum of $10,000 under such terms and conditions as may be ap proved by the Commissioner. In lieu of such surety bond the license applicant may deposit with the Commissioner other security in an amount equal to $10,000 in a form acceptable to the Commissioner. After the first year and continuing thereafter, the bond required to be de posited with the Commissioner shall be in the sum of $2,000. The aggre gate liability of the surety for all breaches of the conditions of the

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bond shall, in no event, exceed the sum of such bond. The surety of the bond shall have the right to cancel such bond upon giving thirty days' notice to the Commissioner, and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of said cancellation.

(f) Every agency licensed under this Act shall pay an initial license fee of $200 for the first year, and an annual license fee there after in the sum of $100.

(g) Every license applicant shall furnish evidence to the Commis sioner to reasonably satisfy the Commissioner that the agency manager of the license applicant has a knowledge and understanding of this Act and has had at least two years of experience as a bona fide placement counsellor or that he has engaged in or operated a business or held a supervisory or executive position in which he obtained at least two years' experience which included the interviewing, hiring or supervising of employees.

(h) Upon the filing of an application for a license as provided herein, the Commissioner of Labor shall cause an investigation to be made as to the character and financial standing of the license appli cant and those financially interested therein, and shall finally rule thereon within thirty days after the application is filed. The applica tion shall be rejected if the Commissioner of Labor shall find that any of the license applicants in the application are not of good moral character, business integrity and financially responsible, or if there is any good and sufficient reason within the meaning and purpose of this Act for rejecting such application. Unless the application shall be re jected for one or more of the causes specified, it shall be granted.

Section 5: Duties and Requirements. Every licensed employment agency in the State shall:

(a) Keep and make available to the Commissioner, during regular business hours, such records containing information pertinent to appli cations for help or employment, help or employment procured or fur nished advertising for help or employment, fees charged or collected, and to matters incidental and relevant thereto as are required by this Act to enable the Commissioner to determine the status of compliance with the provisions of this Act.

(b) Give to every applicant a numbered receipt for any payment made in coin or currency which the agency receives, which shall have printed or written on it the name of the applicant, the date and amount of such payment, the name and address of the employment agency, the purpose for which it was paid and the signature of the person receiving the payment.

(c) Make available to each applicant a copy of every contract be tween the agency and the applicant which shall have printed on it or attached to it a copy of the fee and placement fee schedules of the employment agency.

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(d) Give each applicant information as to the name and address of the person to whom the applicant is to apply for employment.

(e) Keep the original or duplicate of each contract, job order and receipt which shall be retained by the employment agency for one year following the date the contract is executed, the job order taken or the payment is made. Such records shall be made available for inspection by the Commissioner upon request.

(f) Keep readily available records which clearly show:

(1) the name and address of every applicant for employment from whom a fee is received or to whom a placement fee is charged;

(2) the date of application and the date when a placement fee was received or charged;

(3) the amount of placement fee actually received or charged;

(4) where a placement fee is charged, the name and address of the employer by whom the applicant is employed and the agreed rate of compensation therefor;

(5) where a refund is made, the amount and date thereof. It shall be the duty of every licensee to keep complete and accurate written records of all receipts and income received or derived di rectly from the operation of this agency, which records shall be retained for one year following the date on which the last entry was
made.

(g) Submit to the Commissioner, thirty days prior to its use, every fee schedule to be used.

(h) Enter into a written agreement or contract with every appli cant for services to be rendered and the agreement or contract shall contain the employment agency's service charges to the applicant, the time and method of payment and the definition of "accepted employ ment", "temporary employment", charge for "supposedly permanent employment which proves to be temporary", charge for "accepting the employment and not reporting for duty" and "method of payment". The
employment agency shall furnish each applicant a specimen copy of any such agreement or contract at the time he signs such contract or agreement. Provided that nothing herein shall be construed to prohibit an employment agency from making arrangements by wire or telephone without said applicant having first entered into a written agreement or contract with the employment agency, in which event the agreement or contract from the employment agency must be dispatched to the appli
cant immediately after the applicant has been so directed by wire or telephone the employer or the employer has been directed to the applicant.

Section 6. Prohibited Conduct. An employment agency shall not engage in any of the following activities or conduct:

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(a) Open, operate or maintain an employment agency in the State of Georgia without a license.

(b) Attempt to induce an employee to quit his employment for the purpose of obtaining other employment through such agency; provided, however, nothing herein shall be construed as prohibiting any employ ment agency from assisting an applicant in obtaining other employment if such agency has been so requested by the applicant (or where the applicant is not to be charged a fee). No employment agency shall knowingly induce or attempt to induce any applicant they have placed to leave that employment unless they are requested to do so in writing by the applicant and he shall have first contacted the employment agency.

(c) Knowingly publish or cause to be published any false, fraudulent or misleading information, representation, promise, notice or advertise ment. In conducting any form of advertising, an employment agency shall use the words "agency" or "personnel service" in such advertising unless said terms are part of the corporate name of the employment agency.

(d) Refer an applicant for employment to a place where a strike or lockout exists without furnishing the applicant with a written state ment as to the existence of such strike or lockout, if the agency had knowledge or reasonably should have knowledge of such facts.

(e) Send or cause to be sent any applicant to any place the em ployment agency knows or reasonably should have known is maintained for immoral or illicit purposes.

(f) Advertise openings for which it does not hold orders from em ployers or knowingly cause to be printed, published or circulated mislead ing, false or fraudulent information about employment opportunities.

Section 7. Employment Agency Advisory Board Created; Members of Board; Appointment; Terms; Quorum; Removal; Vacancies. There is hereby created an Employment Agency Advisory Board. The Board shall consist of seven members to be appointed by the Commissioner of Labor. Five of the members shall be current licensees under the pro visions of this Act, and the other two members shall be appointed from the public at large. All members shall possess such training and experi ence as will qualify them to deal with the problems of the private em ployment agency industry and the state regulations of the industry. Four members shall constitute a quorum, and a majority vote of the members present shall be necessary for the transaction of Board business. Va cancies occurring in the membership of the Board for any reason shall be filled by appointment by the Commissioner for the unexpired term. The Commissioner may remove any member of the Board for neglect of duties, incompetency or revocation of license when such member was a license holder. Members of the Board shall serve without compensation.

Section 8. Officers of the Board; Meetings. The Board shall elect a chairman and such other officers which the Board deems necessary for the proper functioning of its activities at its organizational meeting

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and at the first meeting conducted by the Board each calendar year. The Board shall meet on a day and time established at the organiza tional meeting and at a place provided by the Commissioner and at such additional times and places as designated by the Chairman. The Board shall meet at least on the second Tuesday of April and October of each calendar year, and at such other times as the chairman or a majority of the Board call such a meeting.

Section 9. Powers and Duties of the Employment Agency Advisory Board. It shall be the duty of the Board to advise and make recom mendations to the Commissioner with respect to all matters relating to employment agencies in this State, including, but not limited to, appli cants for licenses and complaints against agencies. In addition, the Board may conduct research on matters pertaining to the operation and conduct of employment agencies in this State, publish findings and make such legislative or other recommendations to the Commissioner as the Board deems necessary.

Section 10. Administration, (a) This Act shall be administered and enforced by the Commissioner.

(b) To effectuate the purposes of this Act, the Commissioner or any duly authorized agent or inspector shall have authority to inspect the premises, contract forms, receipt books, application forms, job listings and all advertising pertaining thereto, referral reference and place ment fees charged and refunds made of each agency, which are essential to the operation of the agency, as frequently as necessary to insure compliance with this Act. The Commissioner shall have authority to subpoena records, including financial records, and witnesses and to con duct investigations where he has reasonable grounds for believing that an employment agency is in violation of this Act.

(c) To carry out the purposes of this Act, the Commissioner with the advice of the Employment Agency Advisory Board may make such rules and regulations as may be necessary in accordance with the Georgia Administrative Procedure Act.

(d) The operation of private employment agencies is declared to be an activity affecting the public interest. Such activities when engaged in by a person who is not licensed are declared to be a public nuisance, harmful to the general public. The Commissioner or the district attorney of the county where such nuisance exists may bring a petition to re strain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law.

Section 11. Complaints Against Agencies, (a) Any person may make a complaint against an employment agent or employment agency. Said complaint shall be in writing, shall contain a concise statement of the facts and shall enumerate the employment agency laws alleged to have been violated. Upon a complaint being filed, the Commissioner
shall give proper notice to the licensee and may hold a hearing in ac cordance with the Georgia Administrative Procedure Act. The Commis-

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sioner when investigating any matters pertaining to the granting, issuing, transferring, renewing, revoking, suspending or cancelling of any license is authorized in his discretion to take such testimony as may be necessary on which to base official action. When taking such testimony he may subpoena witnesses and also direct the production before him of necessary and material books and papers. A daily calendar of all hear ings shall be kept by the Commissioner and shall be posted in a con spicuous place in his office for at least one day before the date of such hearings. He shall keep a record of all such complaints and hearings.

(b) Following such hearing, if it has been shown that the agency or any employee of such agency has violated or is violating the employ ment laws of this State, it shall be the duty of the Commissioner to suspend or revoke the license of the agency and/or to take such other measures within his power as he deems appropriate. Any action taken by the Commissioner shall be subject to judicial review. Whenever a license is revoked, another license shall not be issued for one year from the date of such revocation to the licensee or his representative and only thereafter shall a license be issued upon the recommendation and ap proval of the Advisory Board. An application for such a license may be made each year.

Section 12. Contract Forms, (a) All contracts or agreements be tween the licensee and the applicant must be in writing and shall include the following provisions; provided, however, that this exact language is not required:

(1) Acceptance--A position is accepted when the applicant agrees to begin work on a fixed date at an agreed remuneration.

(2) Permanent placement--Employment lasting ten (10) weeks or more.

(3) Short-term placement--Employment lasting less than 10 (10) weeks, regardless of reason.

(4) Placement fee for a short-term placement--Will be 10% of the total fee for each week or portion thereof employed; except that a minimum of 20% of the total fee shall be charged for the first two weeks or any portion thereof (i.e.--one week employed, 20%; two weeks employed, 20%; three weeks employed, 30%, etc.).

(5) Failure to report--If an applicant accepts a position and fai's to report for work and is working or has accepted another posi tion, the applicant may be charged 50% of the full fee.

(b) All contracts or agreements between the licensee and applicant shall contain the following provisions, and this exact language is re quired :

(1) The following wording shall appear immediately before the signature of the applicant: "I hereby acknowledge that I have read and received a copy of this contract."

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Section 13. Fee Provisions, (a) A placement fee is earned and may be charged an applicant only when one of the following conditions exists:

(1) When the applicant accepts employment as a result of a referral. The referral must be based on an oral or written authoriza tion by an employer or his agent.

(2) When the applicant fails to secure or does not accept the position to which the applicant was originally referred, but accepts another position with that employer or with another employer to whom the first employer refers the applicant within one year as a result, directly or indirectly, of the original referral.

(3) When the applicant informs another person of the avail ability of the position in the referral and said person accepts the position within one year after the date of the referral.

(4) When the present employer of such applicant, as a result of a job offer through an agency referral, increases the salary or wages of the applicant.

(b) A position shall be considered "accepted" when the applicant agrees to begin work, on a fixed date, at an agreed remuneration; pro vided, however, if the applicant, due to extreme circumstances which could not have been anticipated, cannot report for work and prior to the starting date gives written notification to the licensee of his in ability to report at the appointed time, no fee shall be charged.

(c) For permanent employment, an employment agency may charge placement fees not to exceed those specified in the fee schedule on file with the Commissioner. No changes in licensee's contract or agreement shall be made unless such change shall have been submitted to the Com missioner thirty days prior to the effective date of the proposed change.

(d) The following provisions shall apply to refunds:

(1) Any money, fee or valuable consideration received by a licensee is excess of the amount allowed under these regulations shall be refunded within fifteen days upon receipt of knowledge thereof.

(2) If an applicant shall apply and not obtain employment at the place to which he is sent by licensee, or, after being accetped by an employer, the applicant is not permitted by said employer to commence work, the whole amount of any placement fee paid by the applicant shall be refunded without delay, upon receipt of knowledge thereof.

Section 14. Registration Fees, (a) No licensed employment agency shall charge a registration fee without first having obtained from the Commissioner of Labor a permit to charge a registration fee.

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(b) Any licensed person desiring to charge a registration fee shall make written application to the Commissioner of Labor, specifying the type or types of applicants from whom it is intended to accept a registra tion fee, the amount of the fee to be charged and shall furnish such additional information as may be required by the Commissioner of Labor. Upon receipt of such application the Commissioner of Labor shall investigate and is hereby vested with authority to either grant or refuse the registration fee, based upon the merits of the investigation. When a permit is granted, such licensed employment agency may charge a registration fee not to exceed $2.00. Such licensed employment agency shall keep the following record at all times: duplicate receipt showing the date and amount of the registration fee paid, employee's name and address, age and references, type of work applied for and the name and address of the employment agency.

(c) Should the employment agency fail or refuse to secure employ ment for said registered employee, then the registration fee shall be re turned on demand by said employee after thirty days and within six months from date of receipt of such registration fee.

Section 15. Notice; Hearing; Appeals. Except as otherwise herein provided, all actions of the Commissioner shall be taken subject to right of notice, hearing and adjudication, and the right to appeal therefrom as provided by the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.

Section 16. Prohibited Conduct by Applicants. It shall be unlawful for an applicant to knowingly make false or misleading statements to an employment agency either orally or in writing regarding age, edu cation, training, experience or references.

Section 17. Exceptions. Nothing in this Act shall vest in the Com missioner of Labor or the Employment Agency Advisory Board the au thority to fix or set fees for placements made by the employment agent.

Section 18. Penalties. Any person violating any provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

Section 19. Specific Repealer. An Act regulating and providing for the supervision of the business of private employment agencies, ap proved March 17, 1959 (Ga. Laws 1959, p. 283), as amended by an Act approved March 21, 1970 (Ga. Laws 1970, p. 600), is hereby repealed in its entirety.

Section 20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:
Mr. Adams of the 14th moves to amend the Committee substitute to HB 533 by striking lines 29 through 33 on page 12, and line 1 on page 13 in their entirety and substituting the following:

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"The fee shall be no more than 15% of the total salary received for each week or portion thereof employed by the applicant.".

On adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Berlin Blackshear Brantley, H. L. Bray Brown, C. Burton Carlisle Chance Clark Cole Colwell Davis, E. T. Dean, Gib Dean, N. Dixon Dollar Elliott

Floyd, L. R. Foster Geisinger Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howell Hutchinson Irvin, J. Johnson Jones Jordan King Lee, W. J. (Bill) Lowrey McDonald McKinney Morgan Moyer Mullinax Murphy

Nessmith Northcutt Odom Oxford Patterson Peters Phillips, L. L. Roach Russell, J. Russell, W. D. Shepherd Sweat Toles Triplett Turner Twiggs Waddle Ware Whitmire Williams Willis Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Atherton Bennett Bostick Burruss Carr Coleman Coney Daugherty Davis, W. Dent Dorminy Duke Ellis Ezzard Floyd, J. H.

Grahl Grantham Hamilton Harden Harrington Harris, J. F. Hawes Howard Hudson Irvin, R. Jessup Keyton Kreeger Lane, Dick Larsen, W. W. Lee, W. S. Levitas

Marcus Mason Matthews, C. Matthews, D. R. McCracken McDaniell Miles Mulherin Nix Noble Patten, G. C. Petro Phillips, G. S. Rainey Rogers Ross Rush

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Shanahan Smith, J. B. Smith, V. B.

JOURNAL OF THE HOUSE,

Snow Tucker Wall

Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Beckham Berry Bohannon Bond Brantley, H. H. Brown, B. D. Brown, S. P. Buck Busbee Carrell Castleberry Collins, M. Collins, S. Connell Dean, J. E. Dickey Edwards

Egan Evans Farrar Fraser Gignilliat Greer Groover Hill, G. Horton, W. L. Irwin, J. R. Knight Lambert Larsen, G. K. Lewis Logan Mauldin Milford

Patten, R. L. Pearce Pinkston Reaves Sams Savage Stephens Strickland Thomason Thompson Townsend Vaughn Walker Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

Due to mechanical failure, the vote of Mr. Ritchie of the llth did not record.

On the adoption of the amendment, the ayes were 68, nays 60.

The amendment was adopted.

The following amendment was read and adopted:
Mr. Horton of the 56th moves to amend the Committee substitute to HB 533 by striking on page 5, line 13, all words after the word "business" to the word "in" in line 14.

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:

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2155

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Daugherty Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ellis
Evans
Ezzard
Parrar
Floyd, J. H.

Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McCracken
McDaniell
McDonald
McKinney
Miles
Milford

Morgan Moyer Mulherin Mullinax Nix Noble Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles
Townsend
Triplett
Tucker
Turner
Twiggs
Waddle
Walker
Wall
Ware
Wheeler, J. A.
Whitmire
Willis, R. T.
Wilson, J. M.
Wilson, M. L.
Wood

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Those voting in the negative were Messrs.:

King

Odom

Williams

Those not voting were Messrs.:

Adams, J. H. Berry
Bond Brown, B. D. Carrell Collins, S. Connell Dean, J. E. Dickey

Fraser Groover
Howard Howell Irwin, J. R. Knight Lambert Murphy Nessmith

Northcutt Savage
Smith, J. R. Thomason Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 23. By Mr. Adams of the 36th:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Funds, as amended, so as to change the time within which a notice must be filed to qualify for disability bene fits; and for other purposes.

The report of the Committee, which was favorable 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Beckham

Bennett Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray

Brown, C. Buck Burruss Busbee Carlisle Carr Castleberry Chance Clark

Cole Coleman Collins, M. Colwell
Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.
Dent Dollar Dorminy
Duke Edwards
Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Gignilliat Grahl Grantham
Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hills, B. L. Hill, G. Horton, G. T.

TUESDAY, MARCH 6, 1973

2157

Horton, W. L. Howell Hudson Hutchinson Irvin, R. Jessup Jones Jordan Keyton Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L.

Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie
Roach Rogers Ross Rush Russell, J. Russell, W. D.
Sams Shanahan Shepherd Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Dixon Irwin, J. R.

Johnson Lee, W. J. (Bill)

Those not voting were Messrs.:

Bailey
Berry Brown, B. D. Brown, S. P.
Burton

Carrell Collins, S. Dean, J. E. Dickey Foster

Lee, W. S.
Fraser Geisinger Howard Irvin, J. King

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Knight Mullinax Murphy Northcutt Petro

JOURNAL OF THE HOUSE,

Savage Smith, J. R. Smith, V. B. Thomason Townsend

Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 5.

The Bill, having received the requisite constitutional majority, was passed.

HB 48. By Messrs. Morgan of the 70th, Vaughn of the 57th, Harris of the 51st and Roach of the 8th:
A Bill to amend Code Section 24-A-301, relating to jurisdiction over juveniles, so as to provide that the juvenile court shall have exclusive original jurisdiction and shall be the sole court for initiating action con cerning any child whose custody is the subject of controversy; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 24A, known as the "Juve nile Court Code of Georgia", as amended, so as to provide for concurrent jurisdiction of the juvenile court and superior court pursuant to Article VI, Section IV, Paragraph I of the Constitution in certain cases; to pro vide for transfer of cases to the juvenile court where there is an issue of custody; to redefine the "child" as used in said Code Title; to except certain cases from the requirement of transfer from other courts to the juvenile court; to provide for bringing certain children before the su perior court; to change the provisions for place of detention of a child; to reduce the minimum age for transfer of certain children from the juvenile court to another court; to allow the juvenile court to commit mentally ill or mentally retarded children; to provide sanctions for the unauthorized publication of the names and pictures of certain children; to change the provisions relative to juvenile courts acting as courts of inquiry; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 24A, known as the "Juvenile Court Code of Georgia", as amended, is hereby amended by striking Code Section 24A-301, relating to jurisdiction over juveniles, in its entirety and sub stituting in lieu thereof a new Code Section 24A-301, to read as follows:
"24A-301. Jurisdiction over Juveniles, (a) The court shall have

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exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:

(1) Concerning any child;

(A) Who is alleged to be delinquent except when the allegation is based on a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the penitentiary;

(B) who is alleged to be unruly;

(C) who is alleged to be deprived;

(D) who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child;

(E) or who is alleged to have committed a juvenile traffic offense in Section 24A-3101.

(2) Involving any proceedings;

(A) for obtaining judicial consent to the marriage, employ ment, or enlistment in the armed services of any person, if such consent is required by law;

(B) under the Interstate Compact on Juveniles, or any com parable law, if enacted or adopted in Georgia;

(C) for the termination of the legal parent-child relationship.

(b) The court shall have concurrent jurisdiction with the su perior court over a child who is alleged to have committed a delin quent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the penitentiary.

(c) Where custody is the subject of controversy, except in those cases where the law now gives the superior courts exclusive juris diction, in the consideration of these cases, the juvenile court shall have concurrent jurisdiction to hear and determine the issue of cus tody and support when the issue is transferred by order of the superior court."

Section 2. Said Code Title is further amended by striking subsec tion (c) of Code Section 24A-401, relating to definitions of terms used in the Juvenile Court Code of Georgia, in its entirety, and substituting in lieu thereof a new subsection (c), to read as follows:

"(C) 'Child' means any individual who is:

(1) under the age of 17 years, except that as of July 1, 1974,

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and thereafter, it shall mean any individual who is under the age of 18.

(2) under the age of 21 years who committed an act of delin quency before reaching the age of 17 years (18 years as of July 1, 1974, and thereafter) and who has been placed under the supervision of the court or on probation to the court."

Section 3. Said Code Title is further amended by striking Code Sec tion 24A-901, relating to transfer from other courts, in its entirety and substituting in lieu thereof a new Code Section 24A-901, to read as follows:

"24A-901. Transfer from Other Courts. If it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the defendant is a child, except in cases where the superior court has concurrent jurisdiction as provided in Section 24A-301(b), the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. It shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court, or release him to the custody of his parent, guardian, custodian, or other person legally respon sible for him, to be brought before the court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that directs the filing of a petition."

Section 4. Said Code Title is further amended by striking subsection (a) of Code Section 24A-1402, relating to release or delivery to court, in its entirety and substituting in lieu thereof a new subsection (a) of Code Section 24A-1402, to read as follows:

"(a) A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:

(1) forthwith release without bond the child to his parents, guardian or other custodian upon their promise to bring the child before the court when requested by the court; or

(2) bring the child before the juvenile court or deliver him to a detention or shelter care facility designated by the court or to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment. He shall promptly give written notice thereof, together with a state ment of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any temporary deten tion or questioning of the child necessary to comply with this sub section shall conform to the procedures and conditions prescribed by this Code and rules of court; or

(3) bring the child who committed a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has concurrent juris diction as provided in Section 24A-301(b) ; however, pending a com-

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2161

mittal hearing authorized under Chapter 27-24 or indictment, such child shall be returned and placed in detention, if necessary, only in such places as are authorized by Section 24A-1403."

Section 5. Said Code Title is further amended by striking Code Sec tion 24A-1403, relating to place of detention, in its entirety, and sub stituting in lieu thereof a new Code Section 24A-1403, to read as follows:

"24A-1403. Place of Detention.

(a) A child alleged to be delinquent may be detained only in:

(1) a licensed foster home or a home approved by the court;

(2) a facility operated by a licensed child welfare agency:

(3) a detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court;

(4) any other suitable place or facility, designated or operated by the court; or

(5) any appropriate place of security, only if the facility in paragraph (3) is not available and the detention is in a room sepa rate and removed from those for adults and it appears to the satis faction of the court that public safety and protection reasonably require detention and the court so orders.

(b) A child alleged to have committed an offense over which the superior court has concurrent jurisdiction under Section 24 A301 (b) shall be detained pending a committal hearing under Chapter 27-24 or indictment only in the facilities stated in paragraphs (1) through (5) of subsection (a) unless it appears to the satisfaction of the juvenile court that public safety and protection reasonably require detention in a common jail and the court so orders.

(c) If a case is transferred to any other court for criminal prosecution under Section 24A-2501, the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime.

(d) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with the crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years (18 years as of July 1, 1974, and thereafter) is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility desig nated by the court.
(e) A child alleged to be deprived or unruly may be detained or placed in shelter care only in the facilities stated in paragraphs

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(1), (2), and (4) of subsection (a)."

Section 6. Said Code Title is further amended by striking Code Section 24A-2501, relating to transfer to other courts, in its entirety and substituting in lieu thereof a new Code Section 24A-2501, to read as follows:

"24A-2501. Transfer to Other Courts.

(a) After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the peti tion on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:

(1) a hearing on whether the transfer should be made is held in conformity with Sections 24A-1801, 24A-2001 and 24A-2002; and

(2) notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guaridan, or other custodian at least three days before the hearing; and

(3) the court in its discretion determines there are reasonable grounds to believe that (i) the child committed the delinquent act alleged, (ii) the interests of the child or community require that the child be placed under legal restraint and the transfer should be made; or

(4) the child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in the penitentiary.

(b) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition.

(c) No child, either before or after reaching 17 years of age (18 years of age after July 1, 1974, shall be prosecuted for an of fense previously committed unless the case has been transferred as provided in this Section.

(d) Statements made by the child at any hearing under this Act are not admissible against him over objection in the criminal proceedings following the transfer.

Section 7. Said Code Title is further amended by striking sub section (b) of Code Section 24A-2601, relating to the disposition of a mentally ill or mentally retarded child, in its entirety and substituting in lieu thereof the following:
"(b) If it appears from the study and report that the child is committable under the laws of this State as a mentally retarded or

TUESDAY, MARCH 6, 1973

2163

mentally ill child, the court shall order the child detained and pro ceed within 10 days to commit the child to any State treatment facility."

Section 8. Said Code Title is further amended by striking subsec tion (g) (1) of Code Section 24A-3503, relating to protections surround ing the taking of childrens' fingerprints and photographs, in its entirety and substituting in lieu thereof the following:

"(g) (1) The name or picture of any child under the jurisdic tion of the court for the first time shall not be made public by any news media, upon penalty of contempt under Section 24A-3601, ex cept as authorized by an order of the court."

Section 9. Said Code Title is further amended by striking subsec tion (a) of Code Section 24A-3901, relating to juvenile courts acting as courts of inquiry, in its entirety and substituting in lieu thereof the following:

"(a) The juvenile court shall have jurisdiction to act as a court of inquiry, with all the powers and rights allowed courts of inquiry in Georgia, and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 years of age or over (18 years of age after July 1, 1974) that may be in violation of the laws of Georgia, whenever such person is brought before the court in the course of any proceeding instituted under this Code. Whereupon, the court shall cause such person to be apprehened, and brought before it, upon either a writ of summons or warrant duly issued, or by arrest, and where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that such person has committed a misdemeanor or felony as pre scribed under the laws of Georgia, the court in such instance shall either commit, or bind over to the court of proper jurisdiction in this State, or discharge such person, and, when justice shall require, the court shall cause such person to make such bond or bail, as the court shall deem proper under the circumstances, to cause such person to appear before the court of proper jurisdiction in this State, to be acted upon as provided by law."

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Mr. Russell of the 53rd moves to amend the Committee substitute to HB 48 as follows:
By changing the word "or" on line 23, page 7 to "and".

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JOURNAL OF THE HOUSE,

Mr. Morgan of the 70th moves to amend the Committee substitute to HB 48 as follows:

By striking from Section 7, beginning on line 27 of page 8, the following language:

"commit the child to any State treatment facility",

and inserting in lieu thereof the following:

"commit the child to the Georgia Department of Human Re sources, Mental Health Division".

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, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole

Coleman Collins, M. Coney Connell Daugherty Davis, E. T. Daivs, W. Dean, Gib Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat

Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, W. L. Howard Howell Hutchinson Irvin, R. Jessup Johnson Jones Jordan Keyton King Lambert

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax

TUESDAY, MARCH 6, 1973

2165

Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan

Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.

Hudson

Irwin, J. R.

Those not voting were Messrs.:

Adams, G. D. Alexander, W. H. Atherton Bennett Bond Brown, B. D. Brown, S. P. Burruss Carrell Collins, S. Colwell

Dean, J. E. Dickey Elliott Geisinger Hill, B. L. Horton, G. T. Irvin, J. Knight Kreeger Lewis

Murphy Nessmith Savage Stephens Strickland Thomason Townsend Wamble Wilson, M. L. Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the passage of the Bill, by substitute, as amended, the ayes were 146, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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HB 553. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd and Walker of the 100th:
A Bill to be entitled an Act to amend the Children and Youth Act; and for other purposes.

The following Committee amendment was read and adopted:

The Judiciary Committee moves to amend HB 553 as follows: By striking from line 21 of page 1 the following: "misdemeanants and felons",
and inserting in lieu thereof the following: "second offense misdemeanants and all felons".
By striking from lines 25 and 26 of page 1 the following: and inserting in lieu thereof the following:
"and commencing on July 1, 1974, under the age of 18". By striking from line 1 of page 2 the following:
"a misdemeanor or felony", and inserting in lieu thereof the following:
"a second offense misdemeanor or of a felony". By striking from lines 9 and 10 of page 2 the following:
"who is convicted of a felony while", and inserting in lieu thereof the following:
"and commencing on July 1, 1974, under the age of 18 who is convicted of a felony or misdemeanor while".

The following amendment was read and adopted:

Mr. Morgan of the 70th moves to amend HB 553 as follows:

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2167

By striking from Section 1, beginning on line 14 of page 2, the following language:

"be sentenced to the Department of Offender Rehabilitation as provided under law for adults",

and inserting in lieu thereof the following:

"be committed as a youthful offender to the Georgia Depart ment of Offender Rehabilitation as authorized in the Georgia Youth-* ful Offender Act of 1972, approved March 28, 1972 (Ga. Laws 1972, p. 592)".

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance

Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser

Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert

2168
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. K. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax
Nessmith Nix

JOURNAL OF THE HOUSE,

Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey
Reaves
Ritchie
Roach
Rogers
Ross
Rush
Russell, J.
Russell, W. D.
Sams
Savage
Shanahan
Shepherd

Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Towsend Triplett Tucker Turner Twiggs
Waddle
Walker
Wall
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those not voting were Messrs.:

Bailey Bray Carrell Collins, S. Dorminy Geisinger Groover

Harris, J. F. Harrison Hutchinson Lee, W. J. (Bill) Lewis McDonald Murphy

Northcutt Petro Strickland Thomason Vaughn Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 370. By Messrs. Savage of the 30th, Brown of the 67th, Noble of the 48th and others:
A Bill to be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to prohibit the use of hypnotism, etc., except under certain circumstances; and for other purposes.

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2169

The following Committee substitute was read:

A BILL

To be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to prohibit the use of hypnotism, mesmerism and similar act or process except under certain circumstances; to provide a penalty; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 26-29, relating to crimes involving danger ous instrumentalities and practices, as amended, is hereby amended by adding at the end thereof a new Code Section to be known as Code Sec tion 26-2914 to read as follows:

"26-2914. Hypnotism, (a) 'Hypnotism', as used in this Code Section, includes hypnotism, mesmerism and any similar act or pro cess which produces or is intended to produce in any person any form of induced trance or sleep in which the susceptibility of the mind of that person to suggestion or direction is increased or is intended to be increased, but does not include hypnotism, mesmerism or any similar act or process which is self-induced.

(b) It is hereby declared to be against the public interest of this State to subject citizens of this State to hypnosis by persons unqualified by training to understand the dangers thereof or by any person for purposes of entertainment or by any person except as specified in subsection (c) of this Code Section.

(c) No person shall engage in the practice of hypnotism in this State unless such person is:

(1) duly licensed to practice dentistry pursuant to Chapter 84-7 of the Code of Georgia of 1933, as amended; or

(2) a physician licensed to practice medicine and surgery with out restriction pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended; or

(3) a licensed applied psychologist pursuant to Chapter 84-31 of the Code of Georgia of 1933, as amended; or

(4) an optometrist licensed to practice optometry pursuant to Chapter 84-11 of the Code of Georgia of 1933, as amended; or

(5) under the supervision of a physician, psychologist, or den tist licensed as provided in paragraphs (1), (2), and (3) above.

(d) Any person violating any provision of this Code Section

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shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:

Mr. Wall of the 61st moves to amend the Committee substitute to HB 370 by adding a new subparagraph (G) as follows:
(G) A minister, preacher or other church official.

The following amendment to the Wall amendment was read and lost:

Mr. Adams of the 14th moves to amend the Wall amendment to HB 370 by deleting the words "or other church official".

The Wall amendment was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon

Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Castleberry Chance

Clark Cole Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar

Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, L. E. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson
Irvin, J. Irvin, R. Irwin, J. R.
Johnson Jordan

TUESDAY, MARCH 6, 1973

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King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Nessmith
Nix Noble Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, L. L. Pinkston

Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.

Carlisle Collins, M. Dent Dixon

Floyd, J. H. Harris, J. F. Howell Keyton

North cutt Rush Walker Wall

Those not voting were Messrs.:

Alien Brown, B. D. Carrell Coleman Dorminy Farrar Gignilliat Harrison Jessup Jones

Knight Lambert Larsen, W. W. Levitas McCracken McDaniell Mulherin Mullinax Murphy Patten, R. L.

Petro Phillips, G. S. Strickland Thomason Townsend Vaughn Ware Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 12.

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The Bill, having received the requisite constitutional majority, was passed.

Mr. Connell of the 80th 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.

Journal of the House of Representatives 1973 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.